My WebLink
|
Help
|
About
|
Sign Out
Home
Deed of Trust Simas Trust
CityHall
>
City Clerk
>
City Council
>
Recorded Documents
>
2019
>
Deed of Trust Simas Trust
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/9/2024 8:35:34 AM
Creation date
9/22/2020 9:41:22 AM
Metadata
Fields
Template:
CM City Clerk-City Council
Document Date (6)
7/18/2019
Recorded Document Type
Deed of Trust
Retention
PERM
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
22
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
( <br />paitjcular class of persons, including but not limited to the federal government and any <br />subdivisions or entity of the federal government. <br />6. Fixture Filing. This Deed of Trust is intended to be and constitutes a fixture filing <br />pursuant to the provisions of the UCC with respect to all of the Property constituting <br />fixtures, is being recorded as a fixture financing statement and filing under the UCC, and <br />covers property, goods and equipment which are or are to become fixtures related to the <br />Land and the Improvements. Truster covenants and agrees that this Deed of Trust is to be <br />filed in the real estate records of Alameda County and shall also operate from the date of <br />such filing as a fixture filing in accordance with Section 9502 and other applicable <br />provisions of the UCC. This Deed of Trust shall also be effective as a financing statement <br />covering minerals or the like (including oil and gas) and accounts subjectto the UCC, as <br />amended. Truster shall be deemed to be the "debtor" and Beneficiary shall be deemed to <br />be the "secured party" for all purposes under the UCC. <br />7. Truster's Representations. Warranties and Covenants; Rights and Duties of the <br />Parties. <br />7. 1 Representations and Warranties. Truster represents and warrants that: (i) <br />Truster lawfully possesses and holds fee simple title to the Land and the Improvements, (ii) <br />Truster has good and marketable title to all of the Property; (iii) Truster has the full and <br />unlimited power, right and authority to encumber the Property and assign the Rents; (iv) <br />subject only to encumbrances of record and senior liens permitted pursuant to the Loan <br />Agreement or otherwise approved in writing by Beneficiary ("Permitted Encumbrances"), <br />this Deed of Trust creates a valid lien on Truster's entire interest in the Property; (v) except <br />with respect to Permitted Encumbrances, Truster owns the Property free and clear of all <br />deeds of trust, mortgages, security agreements, reservations of title or conditional sales <br />contracts, (vi) there is no financing statement affecting the Property on file in any public <br />office; and (vii) Truster's correct current address is specified in Section 10.2. <br />7.2 Condition of Property. Truster represents and warrants that except as <br />disclosed to Beneficiary in writing, as of the date hereof to the best knowledge of Truster: <br />(i) Truster has not received any notice from any governmental authority of any threatened <br />or pending zoning, building, fire, or health code violation or violation of other governmental <br />regulations concerning the Land that has not previously been corrected, and no condition <br />on the Land violates any health, safety, fire, environmental, building, or other federal, state <br />or local law, ordinance or regulation; (ii) there are no threatened or pending actions, suits, <br />or administrative proceedings against or affecting the Property or any portion thereof or the <br />interest of Truster in the Property; (iii) there are no threat~ned or pending condemnation, <br />eminent domain, or similar proceedings affecting the Land or any portion thereof; (iv) <br />Truster has not received any notice from any insurer of defects of the Property which have <br />not been corrected; (v) there are no natural or artificial conditions upon the Land or any part <br />thereof that could -result in a material and adverse change in the condition of the Land; (vi) <br />all information that Truster has delivered to Beneficiary, either directly or through Truster's <br />agents, is accurate and complete; and (vii) Truster or Truster's agents have disclosed to <br />Beneficiary all material facts concerning the Property. <br />7.3 Authority. Truster represents and warrants that this Deed of Trust and all <br />other documents delivered or to be delivered by Truster in con.,nection herewith: (a) have
The URL can be used to link to this page
Your browser does not support the video tag.