| name | deed-of-trust |
| title | Deed of Trust and Security Agreement |
| description | Drafts combined Deed of Trust and Security Agreement instruments creating real property and UCC Article 9 personal property security interests for commercial financing. Use when drafting trust deeds, security agreements, commercial real estate financing documents, or combined real/personal property security instruments. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/deed-of-trust |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
Deed of Trust and Security Agreement
Drafts a combined instrument creating enforceable security interests in both real property (deed of trust) and personal property (UCC Article 9 security agreement) for commercial real estate financing.
Prerequisites
- Loan documents — promissory note, loan agreement, related transaction docs
- Parties — full legal names, addresses, entity status for Grantor (borrower/debtor), Trustee, and Beneficiary (lender/secured party)
- Real property — legal description from chain of title, street address, APN, title report with encumbrances
- Personal property — specific items, serial numbers, equipment lists, account descriptions
- Jurisdiction — situs state (determines property theory, foreclosure process, execution requirements)
Workflow
Step 1: Extract Information
| Data Point | Source |
|---|
| Parties (names, addresses, entity type) | Loan agreement, formation docs |
| Loan terms (amount, rate, maturity, payments) | Promissory note |
| Legal description + APN | Title report, prior deed |
| Encumbrances / title exceptions | Title commitment |
| Personal property collateral | Equipment lists, inventory schedules |
| Notice addresses, insurance requirements | Loan agreement |
Step 2: Determine Jurisdictional Requirements
Research before drafting — these vary significantly by state:
- Property theory — title, lien, or intermediate → controls conveyance language
- Foreclosure — non-judicial (trustee's sale) vs. judicial; deficiency judgment availability
- Statutory requirements — notice periods, cure periods, publication rules, redemption rights
- Execution formalities — notarization, witnesses, spousal/homestead consent
- Recording requirements — format, margin, font, indexing standards
- Community property / homestead — whether spousal joinder required
Step 3: Draft Document
Sections in order:
- Parties
- Recitals
- Property description (real + personal)
- Grant of deed of trust
