deed-of-trust

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

1. Loan documents — promissory note, loan agreement, related transaction docs
2. Parties — full legal names, addresses, entity status for Grantor (borrower/debtor), Trustee, and Beneficiary (lender/secured party)
3. Real property — legal description from chain of title, street address, APN, title report with encumbrances
4. Personal property — specific items, serial numbers, equipment lists, account descriptions
5. 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:

1. Parties
2. Recitals
3. Property description (real + personal)
4. Grant of deed of trust