A Promissory Note Secured By Deed Of Trust is commonly used in U.S. real estate transactions where financing is required. This document serves dual purposes: it establishes the borrower's obligation to repay the loan and secures that obligation with real property. Unlike a mortgage, which involves only two parties, this arrangement uses a trustee who holds legal title until the loan is repaid. The document is particularly common in states that primarily use deeds of trust rather than mortgages, offering lenders a more streamlined foreclosure process in case of default.
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1. Promise to Pay: Specific amount, interest rate, and payment terms of the promissory note
2. Security Interest: Reference to deed of trust and detailed description of property securing the note
3. Payment Terms: Schedule, amount, method of payments, and calculation of interest
4. Default Provisions: Conditions constituting default and lender's remedies upon default
5. Acceleration Clause: Lender's right to demand full payment upon specified default conditions
6. Representations and Warranties: Borrower's statements regarding legal capacity and property condition
7. Notice Requirements: How and where notices must be delivered between parties
1. Prepayment Provisions: Terms and penalties for early payoff of the note, include when prepayment penalties apply
2. Late Payment Charges: Additional fees and charges for late payments, include when late fees are applicable
3. Insurance Requirements: Specific insurance requirements for secured property, include for high-value properties
4. Assignment and Transfer Rights: Terms governing the transfer or assignment of the note, include when note may be sold
5. Escrow Requirements: Terms for escrow of taxes and insurance, include when escrow is required
1. Schedule A - Property Description: Legal description of the property securing the note
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment breakdown
3. Schedule C - Required Insurance: Detailed specifications of required insurance coverage
4. Schedule D - Required Disclosures: State and federal required disclosures and notices
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