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EFTA01280059.pdf
AI Summary
This document is a revocable trust rider dated December 10, 2014, establishing terms for a mortgage arrangement between Fifth Third Mortgage Company and Requiro Terra LLC, a Florida limited liability company acting as trustee for property located in North Carolina. The document outlines covenants, transfer restrictions, and notification requirements related to the trust and secured property. [Rating: 4/10 - Standard mortgage document with some case-specific entities but largely boilerplate trust and lending language]
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Extracted Entities
| Name | Type | Context |
|---|---|---|
| Florida | location | State where Requiro Terra LLC is incorporated |
| North Carolina | location | State where the trust is created and property is located |
| Fifth Third Mortgage Company | organization | Lender in the mortgage/security instrument arrangement |
| Requiro Terra, LLC | organization | Florida Limited Liability Company serving as revocable trust and trustee |
Full Text
Inter Vivos Revocable Trust Rider Definitions Used in this Rider. (A) "Revocable Trust." The Requiro Terra, LLC, A Florida Limited Liability Company dated (B) "Revocable Trust Trustee(s)." Requiro Terra, LLC, A Florida Limited Liability Co trustee(s) of the Revocable Trust. (C) "Revocable Trust Settlor(s)." settlor(s), grantor(s), or trustor(s) of the Revocable Trust. (D) "Lender." Fifth Third Mortgage Company (E) "Security Instrument." The Deed of Trust, Mortgage or Security Deed and any riders thereto of the same date as this Rider given to secure the Note to Lender of the same date made by the Revocable Trust, the Revocable Trust Trustee(s) and the Revocable Trust Settlor(s) and any other natural persons signing such Note and covering the Property (as defined below). (F) "Property." The property described in the Security Instrument and located at: [Property Address] THIS INTER VIVOS REVOCABLE TRUST RIDER is made December 10, 2014 , and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, the Revocable Trust Trustee(s), and the Revocable Trust Settlor(s) and the Lender further covenant and agree as follows: A. Inter Vivos Revocable Trust. 1. Certification and Warranties of Revocable Trust Trustee(s). The Revocable Trust Trustee(s) certify to Lender that the Revocable Trust is an inter vivos revocable trust for which the Revocable Trust Trustee(s) are holding full title to the Property as trustee(s). The Revocable Trust Trustee(s) warrants to Lender that (i) the Revocable Trust is validly created under the laws of the State of NORTH CAROLINA (ii) the trust instrument creating the Revocable Trust is in full force and effect and there are no amendments or other modifications to the trust instrument affecting the revocability MtaUs1IN VIvOtt Flevetable Trust Rat VIAP 1039.1 Milers Kluwer Anancial Servcos ©2005. 2010 CONFIDENTIAL SDNY_GM_00031343 EFTA_G0I41956 EFTA01280059 of the Revocable Trust; (iii) the Property is located in the State of NORTH CAROLINA (iv) the Revocable Trust Trustee(s) have full power and authority as trustee(s) under the trust instrument creating the Revocable Trust and under applicable law to execute the Security Instrument, including this Rider; (v) the Revocable Trust Trustee(s) have executed the Security Instrument, including this Rider, on behalf of the Revocable Trust; (vi) the Revocable Trust Settlor(s) have executed the Security Instrument, including this Rider, acknowledging all of the terms and conditions contained therein and agreeing to be bound thereby; (vii) only the Revocable Trust Settlor(s) and the Revocable Trust Trustee(s) may hold any power of direction over the Revocable Trust; (viii) only the Revocable Trust Settlor(s) hold the power to direct the Trustee(s) in the management of the Property; (ix) only the Revocable Trust Settlor(s) hold the power of revocation over the Revocable Trust; and (x) the Revocable Trust Trustee(s) have not been notified of the existence or assertion of any lien, encumbrance or claim against any beneficial interest in, or transfer of all or any portion of any beneficial interest in or powers of direction over the Revocable Trust Trustee(s) or the Revocable Trust, as the case may be, or power of revocation over the Revocable Trust. 2. NOTICE OF CHANGES TO REVOCABLE TRUST AND TRANSFER OF POWERS OVER REVOCABLE TRUST TRUSTEE(S) OR REVOCABLE TRUST OR BOTH; NOTICE OF CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRUST. The Revocable Trust Trustee(s) shall provide timely notice to Lender promptly upon notice or knowledge of any revocation or termination of the Revocable Trust, or of any change in the holders of the powers of direction over the Revocable Trust Trustee(s) or the Revocable Trust, as the case may be, or of any change in the holders of the power of revocation over the Revocable Trust, or both, or of any change in the trustee(s) of the Revocable Trust (whether such change is temporary or permanent), or of any change in the occupancy of the Property, or of any sale, transfer, assignment or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trust. B. Additional Borrower(s). The term "Borrower" when used in the Security Instrument shall refer to the Revocable Trust, the Revocable Trust Trustee(s) and the Revocable Trust Settlor(s), jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein or by acknowledging all of the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such party is named as "Borrower" on the first page of the Security Instrument, each covenant and agreement and undertaking of "Borrower" in the Security Instrument shall be such party's covenant and agreement and undertaking as "Borrower" and shall be enforceable by Lender as if such party were named as "Borrower" in the Security Instrument. FM K VIYOS Fl(NOUNS Trust Aar VIAP VIAP37401pc049.1 Wolters Kluwer Rnancoal Sences O2005. 2010 CONFIDENTIAL SDNY_GM_00031344 EFTA_00 141957 EFTA01280060 C. Transfer of the Property or a Beneficial Interest in the Revocable Trust. The Transfer of the Property or a Beneficial Interest in Borrower Covenant of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Revocable Trust. If, without Lender's prior written consent, (i) all or any part of the Property or an interest in the Property is sold or transferred or (ii) there is a sale, transfer, assignment or other disposition of any beneficial interest in the Revocable Trust, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with the Notice Section within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, the Revocable Trust Trustee(s) accepts and agrees to the terms and covenants contained in this Inter Vivos Revocable Trust Rider. Trustee(s) Requiro Terra, LLC, A Florida Limited Liability Co, Trustee of the Requiro Terra, LLC, A Florida Limited Liability Company under trust instrument dated for the benefit of !MK VIAP8 VIvOtt Rev8able Trust Rae VIAP3740110c0492 Milers Kluwer Anancial Servcos ©2005. 2010 CONFIDENTIAL SDNY_GM_00031345 EFTA_00I 41958 EFTA01280061 BY SIGNING BELOW, the undersigned Revocable Trust Settlor(s) acknowledges all of the terms and covenants contained in this Inter Vivos Revocable Trust Rider and agrees to be bound thereby. Settlor(s) IMIL Iter Vivo, Revocable Trust Mae vIAP QD Vbila372R 11009) Wallas Kluw a Rnancoal Savcos O2005. 2010 Pogo 4 of 4 CONFIDENTIAL SDNY_GM_00031346 EFTA_00141959 EFTA01280062