Delaware Agreement for Rights under Third Party Deed of Trust

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Multi-State
Control #:
US-XS-0023
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Word; 
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This is a multi-state form covering the subject matter of the title.
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FAQ

Illiquidity. DSTs have lengthy holding periods usually ranging between five and 10 years, making them highly illiquid investments. Your capital likely will be tied up throughout the lifecycle of the DST offering, which makes them suitable only for exchange investors who can afford to have their money tied up for years.

As a real estate investor, there are many pros and cons to consider when investing in Delaware Statutory Trusts (DSTs). The advantages of DSTs include access to larger assets, tax benefits, and lower risk. They are often great passive investment options, too. But, DSTs are not for everyone.

§ 3313A. Excluded cotrustee. (3) The excluded trustee has no duty to monitor the conduct of the cotrustee, provide advice to the cotrustee or consult with or request directions from the cotrustee.

Section 3816 - Derivative actions (a) A beneficial owner may bring an action in the Court of Chancery in the right of a statutory trust to recover a judgment in its favor if persons with authority to do so have refused to bring the action or if an effort to cause those persons to bring the action is not likely to ...

Certain Risk Factors Associated with Delaware Statutory Trusts. Like any investment, 1031 Exchanges aren't without risks. DST risk factors can include illiquidity, macroeconomic factors such as rising interest rates, and changes in the regulatory environment.

§ 3807. Trustee in State; registered agent. (a) Every statutory trust shall at all times have at least 1 trustee which, in the case of a natural person, shall be a person who is a resident of this State or which, in all other cases, has its principal place of business in this State.

Delaware Statutory Trusts (DSTs) typically offer a cash-on-cash return of 5-9% per year, with the potential for additional appreciation. The overall return on a DST investment will depend on a number of factors, including the properties that the DST invests in, the management team, and the overall market conditions.

Like all real estate investments, investing in Delaware Statutory Trusts involve many of the same risks, including potential lack of return and loss of principal. As long-term, income-focused investments, DST performance is largely dependent upon the tenants' ability to pay rent.

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Delaware Agreement for Rights under Third Party Deed of Trust