A Second Trust Deed is utilized when property owners seek additional financing while maintaining an existing first mortgage or trust deed. This document is particularly common in the United States real estate market when property owners need to access equity without refinancing their primary loan. The Second Trust Deed establishes the lender's security interest in the property, defines payment terms, specifies default conditions, and outlines remedies, all while acknowledging its subordinate position to the first trust deed. It must comply with state-specific real estate laws and federal lending regulations.
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1. Parties: Identification of Trustor (borrower), Trustee, and Beneficiary (lender)
2. Background: Description of the loan arrangement and acknowledgment of first trust deed
3. Definitions: Key terms used throughout the document
4. Property Description: Legal description of the secured property
5. Secured Obligations: Details of the debt being secured
6. Default Provisions: Circumstances constituting default and consequences
7. Remedies: Lender's rights upon default
1. Due-on-Sale Clause: Provision making the loan due upon sale of property - used when lender wants to prevent property transfer without loan payoff
2. Insurance Requirements: Specific insurance obligations of the borrower - used when lender has specific insurance requirements
3. Cross-Default Provisions: Default on first deed triggers default on second - used when lender wants additional protection
1. Property Description Schedule: Detailed legal description of the property
2. Promissory Note: Copy of the underlying note being secured
3. First Trust Deed Summary: Summary of the senior lien terms
4. Payment Schedule: Detailed repayment terms and schedule
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