The Commission Approved Deed of Trust serves as a critical instrument in U.S. real estate financing, providing a state-sanctioned method for securing loans with real property. This document type is specifically designed to comply with state commission requirements and provides standardized terms and conditions for property security arrangements. It differs from a traditional mortgage by involving a third-party trustee and typically offering a more streamlined foreclosure process. The document includes detailed property descriptions, loan terms, default provisions, and various state-mandated disclosures.
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1. Parties: Identification of Trustor (borrower), Trustee, and Beneficiary (lender)
2. Background: Context of the deed of trust, including reference to the underlying loan or obligation
3. Definitions: Key terms used throughout the document including Property, Note, Security Instrument, and other relevant terms
4. Property Description: Legal description of the property being secured, including address and detailed boundary information
5. Security Interest: Details of the debt being secured by the property and the nature of the security interest
6. Payment Terms: Terms of repayment including amount, schedule, and method of payment
7. Default Provisions: Conditions constituting default and remedies available to the beneficiary
8. Rights and Obligations: Respective rights and obligations of all parties under the deed of trust
9. Governing Law: Specification of applicable state law and jurisdiction
1. Insurance Requirements: Specific insurance requirements beyond standard coverage, used when additional insurance protection is needed
2. Property Use Restrictions: Specific limitations on property use, included when property has special use requirements or restrictions
3. Environmental Provisions: Environmental requirements and protections, included when property has environmental concerns
4. Subordination Provisions: Terms regarding subordination to other liens, included when there are multiple lienholders
1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds or lot/block description
2. Schedule B - Payment Schedule: Detailed amortization schedule if applicable, including payment amounts and due dates
3. Schedule C - Required Insurance: Detailed insurance requirements and minimum coverage amounts
4. Schedule D - Required Notices: State-mandated notices and disclosures required by law
5. Schedule E - Permitted Encumbrances: List of permitted liens or encumbrances on the property
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