[Leasehold] Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing
(Acquisition Loan)

Summary

This template is a [Leasehold] Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing for use in an acquisition loan transaction to secure the payment of indebtedness and obligations of borrower under the loan by granting an interest to the lender in borrower's real property. This template includes practical guidance and drafting notes. The Deed of Trust will be recorded in the applicable recorder's office to provide notice to third parties of the mortgage lien on the property. Local counsel should be consulted in the jurisdiction where the real property is located since many jurisdictions have certain requirements pertaining to the format or filing of the Deed of Trust (such as what color of ink the signature must be in), as well as specific provisions governing the enforcement or rights of the borrower that must be included in the Deed of Trust. This template may be used to secure borrower's leasehold interest in real property by inserting the bracketed terms throughout the Deed of Trust. The Deed of Trust serves the same role that a mortgage serves in those states that use the mortgage instrument to secure debt. The Deed of Trust requires that a trustee be appointed (typically the title insurance company involved in the transaction or local counsel) for the initial grant of the collateral for the benefit of the beneficiary. For a full listing of key content covering construction, see Commercial Real Estate Acquisition Loan Resource Kit. For a full listing of key content covering acquisition financing, see Junior Associate Real Estate Resource Kit (Acquisition Finance). For a full listing of key content covering commercial real estate, see First Year Associate Resource Kit: Real Estate.