State of ______________
MORTGAGE DEED
This Mortgage Deed (this “Mortgage”) is made as of this ______ day of _________, 20______ (the
“Effective Date”) by and among/between:
Borrower(s): Gerardo Cuevas , located at 1555 Orange Ave #1206, Redlands, CA 92373__
(collectively, the “Borrower”) and
Lender(s): __________________________________________________, located at _______________
________________________________________ (collectively, the “Lender”).
WHEREAS, the Borrower and the Lender (☐ and ________________________, acting as guarantor)
entered into a: (Check one)
☐ Loan Agreement
☐ Promissory Note
☐ Mortgage Note
☐ Other agreement title: ________________________________
dated ____________________, 20______ in the sum of $_____________ (the “Principal Amount”),
together with interest of __________% thereon computed on the outstanding balance (the “Note”); and
WHEREAS, to secure the performance of all the terms, covenants, agreements, conditions and
obligations of the Note and this Mortgage, the Borrower wishes to grant to the Lender its rights, title and
interest to the property located at 1555 Orange Ave #1206, Redlands, CA 92373_[Property address] and
with the following legal description:___This charming 3 bedroom, 2.5 bathroom, 2 car garage home!
Enjoy preparing meals in this impressive kitchen equipped with ample cabinets and generous counter
space. Flow into the living room featuring a cozy fireplace, perfect for entertaining. The main bedroom
boasts a private ensuite and walk-in closet. Other bedrooms offer plush carpet, ceiling fans, and sizable
closets. Entertain on the back patio, perfect for barbecues (the “Property”).
NOW THEREFORE, in consideration of the loan for the Principal Amount plus interest made by the
Lender to the Borrower, the Borrower and the Lender hereby agree as follows:
1. Grant. The Borrower hereby grants and conveys to the Lender all rights, title and interest to the
Property, including all buildings, improvements and fixtures now and hereafter existing thereon, as
security for the repayment of the Note and the performance of the covenants and agreements set forth in
this Mortgage.
2. Payment. The Borrower promises to pay the Principal Amount and interest pursuant to the terms and
conditions of the Note and this Mortgage, and any other reasonable charges or additional amounts set out
in or secured by the Note and this Mortgage.
3. Senior Mortgages. No superior mortgage or the note secured by it will be modified without the
consent of the Lender hereunder.
4. Tax and Insurance. If the holder of a senior mortgage does not establish a fund for the payment of
insurance, property taxes, and any other such charges which may or may not become a lien against the
Property, when they become due, the Borrower will be required to pay, in addition to and included with
each periodic payment due under the Note secured by this Mortgage, a payment sufficient to provide a
fund from which the same can be paid by the Lender when due.
5. Rights of Lender. In the event that Borrower fails to carry out the covenants and agreements set forth
in this Mortgage, the Lender may do and pay for whatever is necessary to protect the value of and the
Lender's rights in the Property, and any amounts so paid shall be added to the Principal Amount due to
the Lender hereunder.
6. Assigned Rents. (Check one)
☐ As additional security hereunder, the Borrower hereby assigns to the Lender any rents on the
Property received by the Borrower, and upon default such rents may be collected without the necessity of
making entry upon the Property.
☐ Not applicable. The Borrower does NOT collect rent from the Property.
7. Acceleration upon Default. In the event that any condition of this Mortgage shall be in default for
more than __________ days, the entire outstanding balance of the Principal Amount and any interest due
thereon shall become immediately due and payable at the option of the Lender. The Lender shall be
entitled to collect all costs and expenses, including reasonable attorney's fees incurred.
8. Power of Sale. (Check one)
☐ In the event of default under this Mortgage, the Lender may at its option foreclose and force a sale of
the Property without a judicial proceeding.
☐ In the event of default under this Mortgage, the Lender may NOT foreclose and force a sale of the
Property without a judicial proceeding.
9. Security Interest. This Mortgage is also security for all other direct and contingent liabilities of the
Borrower to the Lender that are due or become due and whether now existing or hereafter contracted.
10. Property Insurance. The Borrower will keep the Property insured against loss by fire, earthquakes,
floods, hazards included within the term “extended coverage,” and any other hazards for which the
Lender requires insurance. The insurance amounts (including deductible levels) and periods and the
insurance carrier shall be subject to the Lender’s approval.
11. Repair and Maintenance. The Borrower shall not commit waste or permit others to commit actual,
permissive or constructive waste on the Property. The Borrower shall maintain the Property and shall not
allow the Property to deteriorate or decrease in value due to its condition. If the Property is damaged, the
Borrower shall promptly repair the Property to avoid further deterioration or damage, unless repair or
restoration is not economically feasible.
12. Mortgage Insurance. (Check one)
☐ The Borrower shall maintain mortgage insurance protecting the Lender against the nonpayment of, or
default on, the Note as required by the Lender. Nothing in this Section shall affect the Borrower’s
obligation to make payments on the Principal Amount and interest as required under the Note.
☐ Not applicable. The Borrower is NOT required to maintain mortgage insurance.
13. Borrower Covenants. The Borrower further covenants and warrants to the Lender that the Borrower
is the legal owner of and has the right to grant and convey the Property and that the Property is free and
clear of all encumbrances except for encumbrances of record.
14. Ownership Transfer. (Check one)
☐ In the event that the Borrower transfers ownership, be it either legal or equitable, or any security
interest in the Property, whether voluntarily or involuntarily, the Lender may at its option declare the entire
debt due and payable.
☐ In the event that the Borrower transfers ownership, the Lender may NOT declare the entire debt due
and payable.
15. Assignment.
Borrower (Check one)
☐ The Borrower may assign all or any portion of this Agreement with written notice to the Lender.
☐ The Borrower shall NOT assign this Agreement, in whole or in part, without the written consent of the
Lender.
Lender (Check one)
☐ The Lender may assign all or any portion of this Agreement with written notice to the Borrower.
☐ The Lender shall NOT assign this Agreement, in whole or in part, without the written consent of the
Borrower.
16. No Waiver. No party shall be deemed to have waived any provision of this Mortgage or the exercise
of any rights held under this Mortgage unless such waiver is made expressly and in writing. Waiver by
any party of a breach or violation of any provision of this Mortgage shall not constitute a waiver of any
other subsequent breach or violation.
17. Discharge. Upon payment in full by the Borrower of the Note and all other instruments secured by
this Mortgage, this Mortgage shall be terminated, and the Lender shall provide the Borrower the
appropriate notice of termination.
18. Notices. All notices must be in writing and shall be delivered in person, sent by overnight courier
service or sent via certified or registered mail to the address stated above.
19. Severability. If any provision of this Mortgage is held to be invalid, illegal or unenforceable in whole or
in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable
as though the invalid, illegal or unenforceable parts had not been in this Mortgage.
20. Governing Law. This Mortgage shall be governed by and construed in accordance with the laws of
the State of _________________, without giving effect to the conflict of laws principles thereof.
21. Other. __________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
SIGNATURES
Borrower Signature Borrower Name
Borrower Signature Borrower Name
Borrower Signature Borrower Name
Lender Signature Lender Name
Lender Signature Lender Name
Lender Signature Lender Name
Witness Signature Witness Name
Witness Signature Witness Name
Witness Signature Witness Name
ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA ___________________,
COUNTY OF REDLAND___________________.
On this day, personally appeared before me, Gerardo Cuevas __, to me known to be the person(s)
described in and who executed the within instrument, and acknowledged that he/she signed the same as
his/her voluntary act and deed, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed on this day of ____________________, 20______.
________________________________
Notary Public Signature
My commission expires on _____________________.