A Junior Deed of Trust is commonly used in U.S. real estate transactions when property owners seek additional financing while maintaining an existing mortgage. This instrument serves as collateral for a second loan, establishing a subordinate claim to the property behind the primary mortgage. The document details the security arrangement, specifies the trustee's powers, outlines default remedies, and includes essential provisions required by state law. It's particularly useful for accessing home equity or obtaining construction financing while preserving the senior lender's priority position.
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1. Parties: Identifies the Trustor (borrower), Trustee, and Beneficiary (lender)
2. Background: States the purpose of the junior deed of trust and its relationship to senior liens
3. Definitions: Defines key terms used throughout the document
4. Property Description: Legal description of the property being secured
5. Security Interest: Details of the debt being secured and terms of repayment
6. Default Provisions: Conditions constituting default and remedies available
7. Trustee Powers: Powers granted to the trustee including power of sale
1. Insurance Requirements: Specific insurance requirements for the property when lender requires specific insurance coverage
2. Assignment Rights: Rights to assign the deed of trust when assignment rights need to be specifically addressed
3. Due on Sale Clause: Acceleration of debt upon property sale when lender wants to prevent property transfer without consent
1. Schedule A - Property Description: Detailed legal description of the property
2. Schedule B - Permitted Encumbrances: List of senior liens and other permitted encumbrances
3. Schedule C - Payment Schedule: Detailed repayment terms and schedule
4. Exhibit A - Promissory Note: Copy of the underlying promissory note being secured
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