Property Load Deed

PROPERTY LOAD DEED

This Property Load Deed (the "Deed") is made on by and between Lender Name: whose mailing address is , and Borrower Name: whose mailing address is .

RECITALS

WHEREAS, Lender has agreed to make a monetary loan to Borrower in the principal amount of (the "Loan"); and

WHEREAS, as security for repayment of the Loan and performance of the Obligations (as defined herein), Borrower is willing to grant to Lender a deed conveying a security interest in the real property described below (the "Property"); and

WHEREAS, the parties intend that this instrument operate as a security deed, mortgage, or deed of trust, as required by applicable law, to create a valid, first-priority lien on the Property to secure the Loan and related obligations.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

Wherever used in this Deed, the terms defined below shall have the meanings set forth: "Obligations" means all indebtedness, liabilities and duties of Borrower to Lender under the Loan documents, including principal, interest, fees, expenses, and any other sums payable by Borrower; "Default" means any event described in Section 6.

2. LOAN AND TERMS

2.1 Loan Amount and Interest. Lender shall loan to Borrower the principal sum of , bearing interest at the rate of % per annum, computed in accordance with the Loan agreement.

2.2 Payment and Maturity. Borrower shall make payments in accordance with the payment schedule set forth in the promissory note executed contemporaneously with this Deed, and all amounts shall be due and payable in full on or before .

3. PROPERTY AND SECURITY

3.1 Grant of Security. To secure the payment and performance of the Obligations, Borrower hereby grants, conveys, bargains, and assigns to Lender a continuing security interest in and lien upon the real property described below, together with all improvements, fixtures, easements, rights, privileges, and appurtenances thereto (collectively, the "Property").

3.2 Power of Sale; Remedies. In the event of Default, Lender shall have all rights and remedies provided by applicable law, including without limitation the right to accelerate the Obligations, to foreclose this Deed and to sell or otherwise dispose of the Property by judicial or non-judicial foreclosure or by any other remedy permitted by law. Borrower grants to Lender the power of sale and all rights necessary to effect such remedies.

4. REPRESENTATIONS AND WARRANTIES

Borrower represents and warrants to Lender that: (a) Borrower is the sole legal and equitable owner of the Property and has full right and power to grant the security interest created by this Deed; (b) the Property is free and clear of any prior liens, encumbrances or claims except as disclosed in writing to Lender; (c) there are no actions, suits, liens, or proceedings pending or threatened affecting the Property which could materially impair the security created hereby; and (d) all information furnished to Lender is true, complete, and accurate in all material respects.

5. BORROWER COVENANTS

Borrower covenants and agrees to: (a) pay all taxes, assessments and governmental charges levied or assessed against the Property when due; (b) maintain casualty and liability insurance on the Property in commercially reasonable amounts and name Lender as loss payee or additional insured as required; (c) keep the Property in good repair and not permit waste or deterioration; and (d) not transfer, sell, lease, or encumber the Property or any interest therein without Lender's prior written consent.

6. DEFAULT; REMEDIES

6.1 Events of Default. Each of the following shall constitute an Event of Default: (a) Borrower's failure to pay any amount when due under the Loan documents; (b) Borrower's breach of any covenant, representation, or warranty contained in this Deed; (c) Borrower's insolvency, assignment for the benefit of creditors, appointment of a receiver, or commencement of bankruptcy or similar proceedings by or against Borrower; or (d) any other material default under the Loan documents.

6.2 Acceleration and Remedies. Upon the occurrence of an Event of Default, Lender may declare the entire unpaid principal balance, accrued interest, and all other Obligations immediately due and payable and may pursue any remedy available at law or in equity, including foreclosure, appointment of a receiver, or obtaining possession of the Property. Lender's exercise of any one remedy shall not preclude the exercise of any other remedy.

6.3 Costs and Attorneys' Fees. Borrower shall be liable for all costs, expenses, and attorneys' fees incurred by Lender in enforcing this Deed or any related Loan document, whether or not suit is filed, including appeals.

7. NOTICES

All notices, demands or communications required or permitted under this Deed shall be in writing and shall be delivered personally, mailed by certified mail, return receipt requested, or sent by nationally recognized overnight courier service to the parties at their respective addresses set forth below (or such other address as a party may designate by written notice).

8. ASSIGNMENT

Lender may assign its rights, interests and obligations under this Deed and the related Loan documents without Borrower's consent. Borrower may not assign any of its rights or obligations under this Deed without the prior written consent of Lender, which consent shall not be unreasonably withheld where permitted by law.

9. GOVERNING LAW

This Deed shall be governed by and construed in accordance with the substantive laws of the State selected by the parties below, without regard to principles of conflicts of law.

10. MISCELLANEOUS

10.1 Entire Agreement. This Deed, together with the promissory note and any other Loan documents executed contemporaneously or subsequently, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

10.2 Amendments; Waiver. No amendment or modification of this Deed shall be effective unless in writing and signed by both parties. No waiver of any provision shall be effective unless in writing.

10.3 Severability. If any provision of this Deed is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

10.4 Counterparts and Electronic Signatures. This Deed may be executed in counterparts and may be executed by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. ACKNOWLEDGMENT

Borrower acknowledges that Borrower understands the terms of this Deed, that Borrower executed the Deed voluntarily, and that the Deed creates a security interest in the Property to secure the Obligations described herein.

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