The Note Secured By Deed Of Trust Straight Note is commonly used in U.S. real estate financing transactions where a property serves as collateral for a loan. This instrument is particularly prevalent in states that utilize the deed of trust system rather than traditional mortgages. The document outlines the fundamental terms of the debt obligation, including principal amount, interest rate, payment schedule, and default provisions. It works in conjunction with a deed of trust, which creates the security interest in the property. This structure provides lenders with a more streamlined foreclosure process compared to traditional mortgages.
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1. Promise to Pay: Principal amount, interest rate, and clear statement of borrower's promise to pay
2. Security Interest: Reference to accompanying Deed of Trust and description of secured property
3. Payment Terms: Schedule of payments, method of payment, place of payment, and payment application order
4. Interest: Interest rate, calculation method, and compliance with applicable usury laws
5. Default Provisions: Definition of default events, consequences, and lender's remedies
6. Acceleration Clause: Circumstances under which entire balance becomes immediately due
7. Governing Law: Statement that note is governed by laws of the applicable state
8. Notices: How and where notices must be delivered between parties
1. Prepayment Provisions: Terms and conditions for early repayment, including any prepayment penalties
2. Late Payment Charges: Additional fees or charges for late payments
3. Assignment Rights: Terms governing the transfer or assignment of the note
4. Attorney Fees: Provisions for recovery of legal costs in case of enforcement
5. Waiver of Presentment: Waiver of formal presentment requirements
1. Payment Schedule: Detailed amortization table showing payment dates and amounts
2. Property Description: Legal description of the property securing the note
3. Truth in Lending Disclosure: Federal required disclosures about loan terms and costs
4. Notice of Right to Cancel: Required disclosure of borrower's right to cancel in certain transactions
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