Form 035 - Trust Deed, Security Agreement And Assignment (For Water Rights And Interests) - Utah Housing Corporation

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UHC Form 035
Rev. 08/04
AFTER RECORDING MAIL TO:
____________________________________
____________________________________
____________________________________
UTAH HOUSING CORPORATION
TRUST DEED, SECURITY AGREEMENT AND ASSIGNMENT
(FOR WATER RIGHTS AND INTERESTS)
THIS TRUST DEED, SECURITY AGREEMENT AND ASSIGNMENT is made this ____ day of _______________,
20___, between _______________________________________________________________,Trustor,
______________________________________________as Trustee, whose address is ________________________________
.
and _______________________________________________________________as Beneficiary
Trustor hereby CONVEYS AND WARRANTS TO TRUSTEE IN TRUST, WITH POWER OF SALE, AND GRANTS
TO BENEFICIARY A SECURITY INTEREST, and assigns to Beneficiary all of Trustor’s rights, title and interests in and to the
WATER RIGHTS AND INTERESTS described in Exhibit A, attached hereto and incorporated herein by this reference, which
water rights and interests are related to real property situated in ______________________ County, Utah, and more particularly
described in Exhibit B, attached hereto and incorporated herein by this reference, including, but not Limited to any and all rights
and interests in diligence claims, rights claimed by adverse use, rights derived from federal contracts, rights and interests derived
from stock or stock interests, rights and interests derived from judicial or administrative decrees or decisions, rights and interests
in any exchange or change applications, all water user claims, all certificates of appropriation, all pending and approved
applications for appropriation, and any other rights or interests of any form, whether or not appurtenant, together with all
waterworks, fixtures, improvements, equipment, all appurtenances used on said real property, all rights of way, licenses,
easements, or any other rights of access or use thereunto now or hereafter used or enjoyed with said rights or interests, or any part
thereof;
FOR THE PURPOSE OF SECURING payment of the indebtedness evidenced by a promissory note of even date herewith
in the principal sum of $________________________, payable to the order of Beneficiary at the times, in the manner and with
interest as therein set forth, and payment of any sums expended or advanced by Beneficiary to protect the security hereof.
Trustor agrees to take all steps and to do all things necessary to preserve the continued validity of the water rights and
interests described in Exhibit A, and not abandon or forfeit the same and agrees to pay all fees, charges, costs, expenses,
disbursements and levies upon or attributable to such rights and interests. Trustor agrees to make any and all filings as shall be
necessary or advisable to preserve the continued validity of the water rights described in Exhibit A, including the making and
filing of all necessary proofs of use or appropriation or other filings as may be necessary or advisable for the preservation and
continued validity of said rights.
This instrument covers real and personal property situated in the State of Utah, in ____________ County(ies). A carbon,
photographic, or other reproduction of this instrument is sufficient as a financing statement. This instrument covers after-
acquired property. This instrument covers proceeds of collateral. This instrument is to be filed for record in the real estate records
of the following county(ies) _______________________. Trustor is the record owner of the real estate set forth in Exhibit B
attached hereto. For purposes of recording this instrument as a financing statement, beneficiary or its assigns is the secured party
and trustor is the debtor.
Trustor agrees to pay all taxes, charges, and assessments on the above property, not to commit waste, to pay all costs and
expenses of collection (including Trustee’s and attorney’s fees in event of default in payment of the indebtedness secured hereby)
and to pay reasonable Trustee’s fees for any of the services performed by Trustee hereunder, including a reconveyance hereof.
Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at the address set
forth above.
________________________________
Trustor
________________________________
Trustor
STATE OF UTAH
)
:
ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this ______ day of __________________, 20____ by
___________________________________________________.
________________________________
Notary Public
Residing at _______________________

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