Master Deed Of Trust for the United States

Master Deed Of Trust Template for United States

A Master Deed of Trust is a legal instrument used in the United States that creates a security interest in real property to secure a loan or other obligation. It functions similarly to a mortgage but involves three parties instead of two. The document establishes the terms under which the trustee holds legal title to the property, the borrower's obligations, and the lender's rights. It typically governs multiple properties or loans under a single framework.

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What is a Master Deed Of Trust?

The Master Deed of Trust is utilized when parties need to establish a comprehensive framework for securing multiple properties or loans under a single trust arrangement. This document is particularly common in U.S. jurisdictions that follow the deed of trust system rather than traditional mortgages. It provides a streamlined approach for managing multiple secured properties while maintaining consistent terms and conditions. The Master Deed of Trust typically includes detailed provisions for property management, default procedures, and rights and obligations of all parties involved, making it especially useful for commercial lending and development projects.

What sections should be included in a Master Deed Of Trust?

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

2. Background: Explains the purpose of the trust deed and underlying loan agreement

3. Definitions: Key terms used throughout the document including property, secured obligations, and default terms

4. Property Description: Detailed legal description of the property being secured under the trust deed

5. Security Agreement: Terms of the security interest being granted and the obligations being secured

6. Payment Terms: Details of payment obligations, including principal, interest, taxes, and insurance

7. Default Provisions: Circumstances constituting default and available remedies including foreclosure rights

8. Covenants and Warranties: Promises and guarantees made by the Trustor regarding the property and obligations

9. Rights and Remedies: Legal rights of all parties and available remedies in case of breach

What sections are optional to include in a Master Deed Of Trust?

1. Insurance Requirements: Specific insurance requirements beyond standard coverage, used when additional insurance protection is needed

2. Environmental Provisions: Environmental compliance requirements, typically included for commercial properties or environmentally sensitive areas

3. Secondary Financing: Provisions regarding additional financing, included when secondary financing is anticipated or permitted

4. Due on Sale Clause: Provisions requiring full payment of the loan upon sale of the property, included when transfer restrictions are desired

What schedules should be included in a Master Deed Of Trust?

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

2. Schedule B - Permitted Encumbrances: List of allowed liens, encumbrances, and exceptions to title

3. Schedule C - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

4. Exhibit A - Promissory Note: Copy of the underlying promissory note being secured by the trust deed

5. Exhibit B - Required Notices: State-specific required notices and disclosures

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

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Free to use

Relevant legal definitions

Clauses

Relevant Industries

Real Estate
Banking
Construction
Commercial Property

Relevant Teams

Legal
Real Estate
Finance
Compliance
Risk Management

Relevant Roles

Real Estate Attorney
Mortgage Loan Officer
Property Manager
Title Officer
Real Estate Developer

Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with the loan and deed of trust

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, including requirements for disclosures and prohibited practices

Home Ownership and Equity Protection Act (HOEPA): Federal law providing additional disclosure requirements and restrictions for certain high-cost mortgage loans

Dodd-Frank Wall Street Reform: Federal legislation that implemented additional consumer protection measures and regulations for mortgage lending

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

State Property Laws: State-specific regulations governing property rights, transfers, and ownership requirements

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

State Foreclosure Laws: State-specific regulations governing the foreclosure process and borrower rights

State Trust Requirements: State-specific rules governing the creation and administration of trusts in real estate transactions

State Usury Laws: State-specific limitations on interest rates and loan terms

Deed Formatting Requirements: State-specific requirements for how deeds must be formatted, including margins, font size, and content

Notarization Requirements: State-specific rules for how documents must be notarized and authenticated

Legal Description Requirements: Standards for how property must be legally described in the deed of trust

Uniform Commercial Code (UCC): Standardized commercial laws affecting secured transactions and property rights

Local County Recording Requirements: County-specific rules and procedures for recording real estate documents

State Homestead Protections: State-specific laws protecting homeowners' primary residences from certain creditors

Environmental Regulations: Federal and state environmental laws affecting property use and transfer

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A U.S. legal instrument that creates a three-party security interest in real property, combining standard provisions into a comprehensive package.

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What is a Master Deed Of Trust?

What sections should be included in a Master Deed Of Trust?

What sections are optional to include in a Master Deed Of Trust?

What schedules should be included in a Master Deed Of Trust?

Authors

Alex Denne

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