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Security Interest: An interest in personal property or fixtures -- i.e., improvements to real property -- which secures payment or performance of an obligation. Security Agreement: An agreement creating or memorializing a security interest granted by a debtor to a secured party.
A security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.
A mortgage involves two parties: a borrower (or mortgagor) and a lender (or mortgagee). When a borrower signs a mortgage, they pledge the property as security to the lender to ensure repayment. In contrast, a trust deed involves three parties: a borrower (or trustor), a lender (or beneficiary), and the trustee.
(The UCC uses the term "authenticate" to include the possibility of electronic signatures.) A security agreement normally will contain a clear statement that the debtor is granting the secured party a security interest in specified goods. The agreement also must provide a description of the collateral.
A mortgage involves two parties: a borrower (or mortgagor) and a lender (or mortgagee). When a borrower signs a mortgage, they pledge the property as security to the lender to ensure repayment. In contrast, a trust deed involves three parties: a borrower (or trustor), a lender (or beneficiary), and the trustee.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
This document may be called the Security Instrument, Deed of Trust, or Mortgage. When you sign this document, you are giving the lender the right to take your property by foreclosure if you fail to pay your mortgage ing to the terms you've agreed to.
Deed of trust / Mortgage An instrument that secures a debt, the repayment of the loan/mortgage encumbered by real property.