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Enter the full legal name of this person as it would appear on a legal document.
Enter the full legal name of this person as it would appear on a legal document.
A Deed of Trust is the real property security instrument used in approximately 30 states (instead of a mortgage) to secure a real estate loan. It transfers bare legal title from the borrower (trustor) to a neutral third-party trustee to hold on behalf of the lender (beneficiary) as security for the loan. Upon default, the trustee may foreclose non-judicially through a power-of-sale proceeding — much faster and less expensive than judicial foreclosure under a mortgage. This document must be recorded with the county recorder to be enforceable against third parties. REQUIRES NOTARIZATION. Fill out this free deed of trust (real property security) template online, e-sign it digitally, and download a legally valid PDF. no account or lawyer needed. Sections: Parties, Loan & Property.
Loan No.: _________________
This Deed of Trust ("Deed of Trust") is made as of ______________ by ______________, whose address is ______________ (the "Trustor"), in favor of ______________ (the "Trustee"), for the benefit of ______________, whose address is ______________ (the "Beneficiary").
Trustor is indebted to Beneficiary in the principal sum of $0.00, evidenced by that certain Promissory Note of even date herewith, bearing interest at 0% per annum, with all principal and accrued interest due and payable on ______________ (the "Note"). This Deed of Trust is given to secure payment and performance of all obligations under the Note.
Trustor HEREBY IRREVOCABLY GRANTS, TRANSFERS, CONVEYS AND ASSIGNS TO TRUSTEE, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereof, all that real property situated in the County of _____________, State of ______________, described as follows:
LEGAL DESCRIPTION: ______________ (the "Property")
Street Address: ______________
TOGETHER WITH all buildings, improvements, fixtures, appurtenances, easements, rents, issues, and profits now or hereafter on or belonging to the Property (collectively, the "Trust Property").
Trustor shall pay and perform all obligations secured by this Deed of Trust, including: (a) all principal, interest, late charges, and other amounts due under the Note; (b) all advances made by Beneficiary to protect the Trust Property; (c) all costs and expenses, including attorney's fees, incurred by Beneficiary in enforcing this Deed of Trust; and (d) all other indebtedness of Trustor to Beneficiary, whether now existing or hereafter arising.
Trustor covenants that: (a) Trustor lawfully owns the Property in fee simple and has the right to encumber it; (b) the Property is free and clear of all liens and encumbrances except as disclosed to Beneficiary; (c) Trustor shall keep the Property in good repair and shall not commit or permit waste; (d) Trustor shall maintain adequate hazard and liability insurance on the Property at all times, naming Beneficiary as mortgagee and additional insured; (e) Trustor shall pay all real property taxes, assessments, and charges before delinquency; and (f) Trustor shall not sell, transfer, convey, or encumber the Trust Property without Beneficiary's prior written consent, which may be withheld in Beneficiary's sole discretion (due-on-sale clause).
Trustor shall maintain, at all times, property insurance (including fire, extended coverage, and such other hazards as Beneficiary may require) in an amount not less than the full replacement value of all improvements on the Property. All insurance policies shall name Beneficiary as mortgagee loss payee. Trustor shall provide evidence of such insurance to Beneficiary upon request and prior to policy expiration. In the event of loss, insurance proceeds shall, at Beneficiary's option, be applied to restoration of the Property or to reduction of the outstanding loan balance.
Each of the following shall constitute an "Event of Default": (a) Trustor's failure to pay any amount due under the Note or this Deed of Trust within 10 days of its due date; (b) Trustor's failure to maintain insurance as required herein; (c) Trustor's failure to pay property taxes before delinquency; (d) Trustor's transfer, conveyance, or encumbrance of the Trust Property without Beneficiary's written consent; (e) Trustor's abandonment or waste of the Property; (f) any representation by Trustor in this Deed of Trust proving materially false; or (g) Trustor's insolvency or commencement of any bankruptcy or receivership proceeding.
Upon the occurrence of an Event of Default and expiration of any applicable notice and cure period required by applicable law, Beneficiary may, at its option and without limitation: (a) declare all amounts under the Note immediately due and payable; (b) direct Trustee to sell the Trust Property through a non-judicial Trustee's Sale pursuant to applicable state law; and/or (c) exercise any other remedy available at law or in equity. Before any Trustee's Sale, Trustee shall give such notices and follow such procedures as required by applicable law, including recording a Notice of Default, providing notice to Trustor, and publishing and posting a Notice of Trustee's Sale.
Upon full payment and satisfaction of all indebtedness secured by this Deed of Trust, Beneficiary shall cause Trustee to execute and deliver to Trustor a Deed of Reconveyance reconveying the Trust Property to Trustor free and clear of the lien of this Deed of Trust. Trustor shall pay all costs of the reconveyance, including recording fees and any applicable transfer taxes.
This Agreement shall be governed by and construed in accordance with the laws of the State of ______________, without regard to its conflict-of-laws principles.
THIS DEED OF TRUST SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ______________, INCLUDING ITS STATUTES GOVERNING DEEDS OF TRUST AND NON-JUDICIAL FORECLOSURE.
TRUSTOR SIGNATURE ______________________________ ______________ Date: ____________________
NOTARY ACKNOWLEDGMENT STATE OF ______________ COUNTY OF ____________________ Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared ______________, known to me to be the Trustor whose name is subscribed to the foregoing Deed of Trust, and acknowledged to me that they executed the same freely and voluntarily for the purposes therein expressed, as their free and voluntary act and deed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, 20____. Notary Public: _________________________ Printed Name: __________________________ My Commission Expires: _________________ [NOTARIAL SEAL]