The Commercial Deed of Trust is widely used in U.S. commercial real estate transactions as a security instrument for loans. It provides lenders with a relatively streamlined method of foreclosure compared to traditional mortgages. This document outlines the terms of the security arrangement, including property description, loan terms, obligations of all parties, default provisions, and remedies. The Commercial Deed of Trust is particularly common in states like California, Texas, and other western states, where it serves as the primary security instrument for commercial real estate financing.
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1. Parties: Identifies the Trustor (borrower), Trustee, and Beneficiary (lender)
2. Recitals: Background information including property description and loan details
3. Definitions: Key terms used throughout the document
4. Granting Clause: Formal conveyance of the property to the trustee
5. Security Agreement: Terms of the security interest being created
6. Borrower's Obligations: Detailed responsibilities of the borrower including payments and maintenance
7. Default Provisions: What constitutes default and consequences
8. Remedies: Actions available to the beneficiary upon default
9. Governing Law: Jurisdiction and applicable law
1. Environmental Provisions: Environmental requirements and indemnities for properties with potential environmental risks
2. Assignment and Subletting: Terms for transferring interests when transfer rights need to be restricted
3. Construction Provisions: Requirements for property improvements when development is planned
4. Operating Covenants: Specific operational requirements for special use properties
1. Schedule A - Property Description: Legal description of the secured property
2. Schedule B - Permitted Encumbrances: List of allowed liens and encumbrances
3. Schedule C - Note Terms: Details of the underlying promissory note
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements
5. Schedule E - Personal Property: List of included personal property or fixtures
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