An Existing First Trust Deed Loan document is essential when managing, modifying, or referencing an existing first-position loan secured by real property in the United States. This document type is commonly used in refinancing situations, loan modifications, or when documenting the current status of the primary lien on a property. It must comply with federal regulations such as TILA and RESPA, as well as state-specific trust deed laws. The document typically includes detailed loan terms, property descriptions, borrower obligations, and foreclosure provisions.
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1. Parties: Identification of lender and borrower, including legal names and addresses
2. Background: Details of existing loan, property, and purpose of the agreement
3. Definitions: Key terms used throughout the document including loan amount, property, security interest, and applicable laws
4. Loan Terms: Principal amount, interest rate, payment schedule, and maturity date
5. Security Interest: Description of property securing the loan and lien position
6. Borrower Covenants: Obligations of the borrower including maintenance, insurance, and tax requirements
7. Default Provisions: Events of default and lender remedies
8. General Provisions: Standard clauses including governing law, notices, and amendments
1. Prepayment Provisions: Terms and conditions for early payment of loan, including any penalties or restrictions
2. Due on Sale Clause: Provisions requiring loan repayment upon transfer or sale of property
3. Modification Terms: Specific changes to original loan terms, if this is a modification agreement
4. Insurance and Escrow Requirements: Detailed requirements for property insurance and escrow accounts
1. Schedule A - Property Description: Legal description of the secured property
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment dates and amounts
3. Schedule C - Original Loan Documents: Copies of original trust deed and promissory note
4. Schedule D - Title Report: Current title report confirming lien position and encumbrances
5. Schedule E - Required Disclosures: Federal and state-mandated lending disclosures
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