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The trustee controls the assets and property held in a trust on behalf of the grantor and the trust beneficiaries. In a revocable trust, the grantor acts as a trustee and retains control of the assets during their lifetime, meaning they can make any changes at their discretion.
The Trustee, usually chosen by the lender, is the person who represents both the Grantor and the Grantee (Beneficiary) if there is a default under a Deed of Trust. When no specific trustee is required by the lender, someone willing and able to hold a foreclosure sale if necessary may be selected.
In Texas, the seller signs the deed over to you in front of a notary public and the deed is then filed in the county clerk's office so that the transfer of property is officially recorded. At this point, the trustee holds the physical deed, you hold equitable title and the lender holds the legal title.
As long as you are confident that your trust is validly formed in ance with state law, recording is not required nor necessary. However, for extra peace of mind, you may choose to record your Certificate of Trust with the county clerk's office in order to protect it from unauthorized changes or access.
This Deed of Trust (the ?Trust Deed?) sets out the terms and conditions upon which: [Settlor Name] (the ?Settlor?), of [Settlor Address], settles that property set out in Schedule A (the ?Property?) upon [Trustee Name] (the ?Trustee?), being a Company duly registered under the laws of [state] with registered number [ ...