Illinois Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust

State:
Multi-State
Control #:
US-OG-309
Format:
Word; 
Rich Text
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Description

This form is used when a Consenting Party consents to Owner granting an Easement and Right of Way to the extent necessary to allow aGrantee in an Easement the right to make full use of the Easement and Right of Way granted, and the surface of the lands included in the Easement and Right of Way.

How to fill out Consent To Easement By Mortgagee Or Beneficiary In Deed Of Trust?

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FAQ

A qualified beneficiary is a limited subset of all trust beneficiaries. In effect, the class is limited to living persons who are (a) current beneficiaries, (b) intermediate beneficiaries, and (c) first line remainder beneficiaries, whether vested or contingent.

A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event and who is either an employee, the employee's spouse, or an employee's dependent child.

The two main rights that beneficiaries have are the right to information and the right to distributions. Beneficiaries have the right to receive certain information about the trust. The trustee needs to provide beneficiaries with an annual accounting describing payments and income of the trust.

Sec. 813.1. Duty to inform and account; trusts irrevocable and trustees accepting appointment after effective date of Code.

A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.

(c) "Beneficiary" includes a natural person who is living, a trust, a corporation, a charitable organization, or any other entity that maintains a lawful existence under the state or federal authority pursuant to which it was organized. (Source: P.A. 96-1151, eff.

(30) "Qualified beneficiary" means each current beneficiary and presumptive remainder beneficiary. (31) "Revocable", as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. A revocable trust is deemed revocable during the settlor's lifetime.

Illinois allows the use of both a deed of trust and a mortgage. Illinois is a lien-theory state. Mortgages are considered to be liens against the property and the vast majority of the liens in Illinois are mortgages.

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Illinois Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust