The Deed of Trust Loan Agreement is a crucial document in US real estate financing, particularly in states that prefer trust deeds over mortgages. This instrument is used when a borrower needs to secure a loan with real property, establishing a three-party arrangement where a trustee holds legal title until the loan is repaid. The document includes detailed terms of the loan, property description, obligations of all parties, default provisions, and remedies. It provides lenders with enhanced security through a non-judicial foreclosure process, making it a preferred option in many jurisdictions. The agreement must comply with state-specific requirements and federal regulations governing real estate transactions.
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1. Parties: Identification of lender, borrower, and trustee
2. Background: Context of the loan agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, payment schedule, and term
5. Security Interest: Description of property serving as collateral
6. Borrower's Covenants: Obligations and promises of the borrower
7. Default Provisions: Circumstances constituting default and remedies
8. Execution: Signing requirements and notarization
1. Insurance Requirements: Specific insurance requirements for property when lender requires specific coverage
2. Environmental Provisions: Environmental obligations and warranties for commercial properties or environmental concerns
3. Prepayment Provisions: Terms for early loan repayment when prepayment penalties or options are included
1. Property Description Schedule: Legal description of the secured property
2. Payment Schedule: Detailed amortization schedule
3. Required Insurance Schedule: Specific insurance requirements and minimum coverage
4. Required Notices Schedule: State-specific required notices and disclosures
Relevant legal definitions
Agreement
Beneficial Interest
Borrower
Business Day
Default
Default Rate
Deed of Trust
Encumbrance
Event of Default
Governmental Authority
Improvements
Indebtedness
Interest Rate
Legal Requirements
Lender
Loan
Loan Documents
Maturity Date
Monthly Payment Date
Note
Obligations
Permitted Encumbrances
Person
Power of Sale
Principal Balance
Property
Real Property
Secured Obligations
Security Interest
Title
Transfer
Trust Estate
Trustee
Trustor
Beneficial Interest
Borrower
Business Day
Default
Default Rate
Deed of Trust
Encumbrance
Event of Default
Governmental Authority
Improvements
Indebtedness
Interest Rate
Legal Requirements
Lender
Loan
Loan Documents
Maturity Date
Monthly Payment Date
Note
Obligations
Permitted Encumbrances
Person
Power of Sale
Principal Balance
Property
Real Property
Secured Obligations
Security Interest
Title
Transfer
Trust Estate
Trustee
Trustor
Clauses
Grant of Security Interest
Payment Terms
Interest Rate
Default and Remedies
Insurance Requirements
Property Maintenance
Tax Obligations
Assignment and Transfer
Representations and Warranties
Covenants
Due on Sale
Acceleration
Power of Sale
Foreclosure
Property Use
Environmental Compliance
Further Assurances
Governing Law
Notice Requirements
Indemnification
Subordination
Release and Reconveyance
Severability
Amendment
Waiver
Successors and Assigns
Recording and Registration
Survival
Payment Terms
Interest Rate
Default and Remedies
Insurance Requirements
Property Maintenance
Tax Obligations
Assignment and Transfer
Representations and Warranties
Covenants
Due on Sale
Acceleration
Power of Sale
Foreclosure
Property Use
Environmental Compliance
Further Assurances
Governing Law
Notice Requirements
Indemnification
Subordination
Release and Reconveyance
Severability
Amendment
Waiver
Successors and Assigns
Recording and Registration
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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