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Form #1025As Security for Loan
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As Security for Loan - free form to use
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As security for loan.
The undersigned _________[assignor's name],
referred to as assignor, the owner of _____% of the entire beneficial interest
under that certain trust agreement dated _________, and known as _________[identify
agreement], executed by _________[name of trustor], as trustor,
grants a security interest in and assigns to _________[name of bank],
referred to as bank, and to its successors and assigns, all of the interest of
assignor under the trust agreement and in the property described in the trust
agreement and to all proceeds of the property or any part of it, including,
without limitation, all proceeds from rentals, mortgages, sales, conveyances or
other dispositions or realizations of any kind of or from the property or any
part of it, including the right to manage, direct and control the property and
the acts and doings of the trustee in respect to the property.
1. Warranties. Assignor warrants that
(a). Except for the security interest of bank,
assignor is the owner of all the collateral pledged here free from any liens,
security interest, encumbrance or other right, title or interest of any other
person, firm, or corporation, and assignor shall defend the collateral against
all claims and demands of all persons at any time claiming the same or any
interest in it adverse to bank.
(b). There is no financing statement now on file in
any public office covering any property of any kind that is included within
this assignment or intended so to be, and so long as any amount remains unpaid
on any indebtedness or liabilities of assignor to bank or any credit from bank
to assignor is in use by or available to assignor, assignor will not execute
and there will not be on file in any public office any financing statement or
statements describing or attempting to describe the collateral pledged here.
2. Obligations secured. This assignment is given as
collateral security for payment in full of _________[describe obligation].
3. Remedies on default. On nonpayment at maturity,
whether by acceleration or otherwise, of the principal of or interest on the
indebtedness secured here, or at any time or from time to time in the future,
bank may
(a). exercise any one or more of all of the rights or
remedies set forth in the note described above or set forth in any other
evidence of indebtedness secured here. Bank shall also have full power and
authority to exercise all of any one or more of the remedies, and shall have
all the rights of a secured party, under the Uniform Commercial Code of
Illinois. Any requirement of the Code for reasonable notice shall be met if
notice is mailed, postage prepaid, to assignor at the address of assignor as
shown on the records of bank at least five days prior to the time of the sale,
disposition, or other event or thing giving rise to the requirement of notice.
The right of bank to be the purchaser for its own account at any sale or other
disposition of the collateral shall not be affected by the fact that bank is or
may be now or at the time of the sale or disposition the trustee under that
trust agreement described in the first paragraph here, nor shall this fact in
any manner otherwise affect the rights of bank to sell, dispose of, or
otherwise deal with the security interest granted here; and
(b). Bank may proceed immediately to exercise each and
all of the powers, rights, and privileges reserved or granted to assignor under
the trust agreement to manage, direct, control, and deal with the property or
any part of it covered by the trust agreement, including without limitation the
right to collect and receive the proceeds from rentals and from mortgages,
sales, conveyances or other dispositions or realizations of any kind of or from
the property or any part of it; and
(c). Bank may proceed to protect and enforce this
conveyance by suits or proceedings in equity, at law, or otherwise, whether for
the foreclosure or for the appointment of a receiver of the property covered by
the trust agreement or any part, or for the enforcement of any other proper,
legal or equitable remedy available under applicable law.
4.
Application of proceeds. Any and all net proceeds received by bank by reason of
the foregoing paragraphs, after first deducting all legal or other costs and
expenses in effecting this realization, shall be applied to pay any or
all of the indebtedness secured as bank shall deem
proper, any surplus to be returned to assignor. On full payment of all
indebtedness hereby secured, this assignment and the lien or charge created
here or resulting from it shall cease to exist.
5. Nonliability of assignee. Notwithstanding anything
to the contrary appearing in the trust agreement, the interest described above
is assigned and transferred to bank by way of collateral security only and,
accordingly, bank by its acceptance shall not be deemed to have assumed or
become liable for any of the obligations or liabilities of assignor under the
trust agreement, whether provided for by its terms, arising by operation of
law, or otherwise. Assignor acknowledges that assignor remains liable to the
same extent as though this assignment had not been made.
6. Ownership of collateral. Assignor represents and
warrants that assignor has full power and authority to make the assignment
provided for here and that assignor is the owner of _____% of the beneficial
interest under the trust agreement, free and clear from any lien or
encumbrance.
7. Interpretation. In the event that this assignment
is executed by more than one assignor, the word assignor shall be deemed to
include all or any of them, and all of the undertakings contained here shall be
the joint and several obligations of assignors and each of them.
Executed on _________[date].
[Signature]
Acceptance
_________[Bank] acknowledges receipt of the
above assignment on _________[date], and accepts the same.
[Authorized
signature]
Trustee's
Endorsement
_________, as trustee under that certain trust
agreement dated _________, and known as _________, acknowledges receipt of the
above assignment on _________[date], and accepts the same.
[Authorized
signature]
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These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
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Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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