This form is a deed of trust modification. It is to be entered into by a borrower, co-grantor, and the lender. The agreement modifies the mortgage or deed of trust to secure a debt described within the agreement. Other provisions include: renewal and extension of the lien, co-grantor liability, and note payment terms.
Deed Of Trust With Future Advance Clause In Georgia
State:
Multi-State
Control #:
US-00183
Format:
Word;
Rich Text
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FAQ
The parties agree and acknowledge that the Secured Party, although under no obligation, may advance the Debtor additional funds from time to time. The future advances shall become secured pursuant to the terms and conditions as contained herein. Future Advance.
Power of Sale Clause A power of sale provision is a significant element of a deed of trust, as it states the conditions when a trustee can sell the property on behalf of the beneficiary. Typically, this predicts when you will be delinquent on your mortgage.
(a) "Future advance" means an indebtedness or other obligation that is secured by a mortgage and arises or is incurred after the mortgage has been recorded, whether or not the future advance was obligatory or optional on the part of the mortgagee.
onsale clause is a clause found in some deeds of trust giving the mortgagee the right to declare an acceleration of the mortgage debt if the property is sold without the mortgagee's written consent. The clause is also called an alienation clause, call clause, or a right to sell clause.
- To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A.
There must be a granting clause, operative words of conveyance (e.g., “I hereby grant”); 6. The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted.
No trustee acting, or purporting to act, in the execution of the trusts hereby declared shall be liable for any loss not attributable to that trustee's own dishonesty, or to the willful commission or omission by that trustee of any act known by that trustee to be a breach of trust; and, in particular, no trustee shall ...
A deed of trust will include the same type of information stated in a mortgage document, such as: The identities of the borrower, lender, and trustee. A full description of the property to be placed in trust. Any restrictions or requirements on the use of the property while it is in trust.
Deeds of trust almost always include a power-of-sale clause, which allows the trustee to conduct a non-judicial foreclosure - that is, sell the property without first getting a court order.