The Trustee of Deed of Trust document is essential in states that utilize the deed of trust system for real estate financing. This arrangement involves three parties: the trustor (borrower), the beneficiary (lender), and the trustee. The document specifically outlines the trustee's role as an impartial third party who holds legal title to the property and has the power to sell it in case of default. It must comply with state-specific trust laws and federal regulations, including TILA and RESPA requirements. The document is particularly important in states like California, Texas, and Virginia, where deeds of trust are the preferred security instrument for real estate transactions.
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1. Parties: Identifies the Trustor (borrower), Trustee, and Beneficiary (lender)
2. Background: Explains the context of the trust deed and underlying loan
3. Definitions: Defines key terms used throughout the document
4. Property Description: Detailed legal description of the property being held in trust
5. Trustee Powers and Duties: Outlines the specific authorities and responsibilities of the trustee
6. Default and Remedies: Specifies conditions of default and available remedies
7. Governing Law: Specifies applicable state law and jurisdiction
1. Substitution of Trustee: Procedures for replacing the trustee when needed
2. Insurance Requirements: Specific insurance obligations for the property and parties
3. Environmental Provisions: Environmental compliance requirements for commercial properties or environmentally sensitive areas
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 or encumbrances on the property
3. Schedule C - Required Insurance: Specific insurance requirements and coverage amounts
4. Exhibit A - Promissory Note: Copy of the underlying loan document referenced in the deed of trust
Relevant legal definitions
Trustee
Trustor
Beneficiary
Trust Property
Deed of Trust
Security Instrument
Note
Promissory Note
Power of Sale
Default
Event of Default
Foreclosure
Trust Estate
Secured Obligations
Principal Balance
Permitted Encumbrances
Recording
Title Insurance
Lien
Governing Law
Successor Trustee
Reconveyance
Property Description
Improvements
Fixtures
Insurance Proceeds
Condemnation Proceeds
Rents
Assignment of Rents
Business Day
Trustor
Beneficiary
Trust Property
Deed of Trust
Security Instrument
Note
Promissory Note
Power of Sale
Default
Event of Default
Foreclosure
Trust Estate
Secured Obligations
Principal Balance
Permitted Encumbrances
Recording
Title Insurance
Lien
Governing Law
Successor Trustee
Reconveyance
Property Description
Improvements
Fixtures
Insurance Proceeds
Condemnation Proceeds
Rents
Assignment of Rents
Business Day
Clauses
Powers and Duties of Trustee
Property Conveyance
Security Interest
Default and Remedies
Foreclosure Procedures
Insurance Requirements
Property Maintenance
Tax Obligations
Assignment and Transfer
Indemnification
Successor Trustee
Notice Requirements
Governing Law
Recording and Registration
Environmental Compliance
Property Inspection Rights
Modification and Amendment
Severability
Reconveyance
Termination
Force Majeure
Liability Limitation
Dispute Resolution
Representations and Warranties
Compliance with Laws
Property Conveyance
Security Interest
Default and Remedies
Foreclosure Procedures
Insurance Requirements
Property Maintenance
Tax Obligations
Assignment and Transfer
Indemnification
Successor Trustee
Notice Requirements
Governing Law
Recording and Registration
Environmental Compliance
Property Inspection Rights
Modification and Amendment
Severability
Reconveyance
Termination
Force Majeure
Liability Limitation
Dispute Resolution
Representations and Warranties
Compliance with Laws
Relevant Industries
Relevant Teams
Relevant Roles
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