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The deed of trust is what secures the promissory note. The promissory note includes the interest rate, the payment amounts and terms, and the buyer's promise to pay the lender the amount borrowed plus interest.
Ing to the term of a trust instrument, it can be defined into different types. For example: Inter Vivo trust is created when the settlor is alive. Testamentary trust is usually created through the terms of a settlor's will and goes into effect after the death of the settlor.
A deed of trust is defined in Black's Law Dictionary as, "a deed conveying title to real property to a trustee as security until the grantor repays a loan." This type of "deed" resembles a mortgage. A mortgage is an instrument which creates a lien against property that has been used to secure a debt.
A deed of trust involves three parties: a lender, a borrower, and a trustee. The lender gives the borrower money. In exchange, the borrower gives the lender one or more promissory notes.
An individual (i.e., a ?natural person?) appointed as trustee in a deed of trust or as a substitute trustee shall conduct the sale of property subject to a deed of trust. The individual need not be a Maryland resident.
A simple example would be the situation in which one member of a family advances money to another and asks the second member to hold the money or to invest it for him. A more complicated example of an implied trust would be the situation in which one party provides money to another for the purchase of property.
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.
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 [ ...