The Grant Deed and Deed of Trust serves as a fundamental instrument in U.S. real estate transactions where property transfers coincide with secured financing. This document type emerged as an efficient alternative to separate deed and mortgage arrangements, particularly in western states. When executing a Grant Deed and Deed of Trust, the property owner (grantor) simultaneously transfers the property to the buyer (grantee) while placing it in trust as security for a loan. The document specifies property rights, loan terms, and foreclosure procedures, offering lenders a more streamlined path to remedy in case of default compared to traditional mortgages.
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1. Parties and Property Identification: Names and details of grantor and grantee, legal description of property
2. Granting Clause: Express words of conveyance and consideration amount
3. Trust Purpose and Terms: Details of the debt or obligation secured by the deed of trust
4. Powers and Obligations of Trustee: Specific authorities granted to trustee including foreclosure rights
5. Covenants and Warranties: Standard title warranties and property maintenance obligations
6. Default and Remedies: Conditions constituting default and available remedies
7. Execution: Signature blocks and notary acknowledgment
1. Due on Sale Clause: Acceleration clause requiring loan to be paid in full upon property transfer
2. Insurance and Tax Requirements: Specific requirements for property insurance and tax payments
3. Subordination Provisions: Terms regarding priority of liens when multiple loans exist on property
1. Property Description Schedule: Detailed legal description of the property including boundaries and easements
2. Promissory Note Schedule: Copy or summary of the underlying promissory note
3. Title Exceptions Schedule: List of existing liens, encumbrances, or restrictions on the property
4. Payment Schedule: Detailed breakdown of payment terms and amortization schedule
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