Deed Of Trust Agreement Template for United States

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Key Requirements PROMPT example:

Deed Of Trust Agreement

"I need a Deed of Trust Agreement to secure a $500,000 commercial property loan in California, with quarterly payment terms and specific provisions for property maintenance and insurance requirements for a retail space."

Document background
The Deed of Trust Agreement serves as a crucial legal instrument in U.S. real estate transactions, particularly in states that prefer non-judicial foreclosure procedures. This document is utilized when a property buyer needs financing and the lender requires security for the loan. Unlike a traditional mortgage, which involves only two parties, the Deed of Trust creates a three-party arrangement where a neutral trustee holds legal title until the loan is satisfied. The document typically includes detailed property descriptions, loan terms, obligations of all parties, and default remedies. It's particularly important in states like California, Texas, and Virginia where trust deeds are the primary security instrument for real estate financing.
Suggested Sections

1. Parties: Identifies the Trustor (borrower/grantor), Trustee, and Beneficiary (lender)

2. Background: Explains the context of the trust arrangement, including the loan or obligation being secured

3. Definitions: Defines key terms used throughout the document including Property, Note, Security Instrument, and Default

4. Property Description: Detailed legal description of the property being placed in trust

5. Security Interest: Details of the debt being secured and the creation of the security interest

6. Rights and Obligations: Comprehensive outline of duties and responsibilities of all parties

7. Payment Terms: Terms for payment of the underlying debt, including principal, interest, and other charges

8. Default Provisions: Consequences and procedures in case of default, including foreclosure process

9. Governing Law: Specifies the state law governing the agreement and jurisdiction for disputes

Optional Sections

1. Insurance Requirements: Specific insurance obligations for the property and maintenance of coverage

2. Assignment Rights: Terms and conditions for transferring rights under the trust agreement

3. Substitution of Trustee: Process and requirements for changing the trustee

4. Property Maintenance: Requirements for maintaining and preserving the property value

5. Due on Sale Clause: Provisions regarding acceleration of the debt upon property transfer

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including boundaries and easements

2. Schedule B - Permitted Encumbrances: List of allowed liens or encumbrances on the property

3. Schedule C - Payment Schedule: Detailed payment terms and amortization schedule

4. Exhibit A - Property Survey: Current survey of the property with boundaries and improvements

5. Exhibit B - Required Insurance: Detailed insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed.

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders, mortgage brokers, and servicers to provide borrowers with disclosures regarding the real estate settlement process and prohibiting certain practices.

Home Ownership and Equity Protection Act (HOEPA): Federal law addressing predatory lending practices in the home equity market, requiring additional disclosures for high-cost mortgages.

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability.

Equal Credit Opportunity Act: Federal law ensuring equal access to credit and prohibiting discrimination in lending practices.

State Property Laws: State-specific regulations governing real property ownership, transfer, and rights within the specific jurisdiction.

State Recording Requirements: State-specific rules for how deeds of trust must be recorded, including format, content, and filing procedures.

State Foreclosure Laws: State-specific regulations governing the foreclosure process, including notice requirements and borrower rights.

State Trust Laws: State-specific regulations governing the creation, administration, and termination of trusts.

State Real Estate Transfer Laws: State-specific requirements for transferring real property, including transfer taxes and documentation requirements.

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes associated with deeds of trust.

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and the creation and perfection of security interests.

County Recording Requirements: Local requirements for document format, margins, paper quality, and other specifications for recording deed documents.

Local Real Estate Regulations: Municipal and county-specific rules affecting real estate transactions and property use.

Local Zoning Laws: Municipal and county regulations governing property use, restrictions, and development.

Statute of Frauds: Legal requirement that certain contracts, including those involving real property, must be in writing to be enforceable.

State Notarization Requirements: State-specific rules for document notarization, including required forms of acknowledgment and notary procedures.

Legal Description Requirements: Standards for properly identifying and describing the real property in legal documents.

Homestead Rights: State-specific protections for primary residences, including exemptions from creditors and special requirements for encumbrance.

Community Property Laws: Special property ownership rules in community property states affecting married couples' rights in real estate transactions.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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