The Short Deed of Trust is a fundamental document in U.S. real estate financing, particularly in title theory states. It serves as an alternative to traditional mortgages by creating a three-party security arrangement. This document is used when a property owner needs to secure a loan or other obligation using their real estate as collateral. The Short Deed of Trust transfers the legal title to a trustee who holds it for the benefit of the lender until the loan is repaid. It typically includes provisions for non-judicial foreclosure, making it an efficient security instrument for lenders while providing clear terms for borrowers.
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1. Parties: Identification of Trustor, Trustee, and Beneficiary with their full legal names and addresses
2. Property Description: Detailed legal description of the property being secured, including address and boundary details
3. Security Interest: Declaration of the security interest being created and its terms
4. Secured Obligation: Description of the debt or obligation being secured, including payment terms
5. Default Provisions: Terms defining what constitutes default and the consequences thereof
6. Power of Sale: Authority and process for selling property in case of default
1. Due-on-Sale Clause: Optional provision allowing lender to accelerate loan if property is sold without consent
2. Assignment Rights: Optional section specifying rights and conditions for assigning the deed of trust
3. Insurance Requirements: Optional section detailing specific insurance obligations and requirements
1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds or lot descriptions
2. Schedule B - Secured Note: Copy of the promissory note or other obligation being secured by the deed of trust
3. Schedule C - Insurance Requirements: Detailed specifications for required insurance coverage and terms
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