DEED OF TRUST
This instrument was prepared by:
___________________________________________________ [Street or Postal Address]
___________________________________________________ [City, State, Postal Code]
STATE OF TENNESSEE Maximum principal indebtedness for
COUNTY recording tax purposes is $
Date of This Deed of Trust (also called a Mortgage): ____________________________ , 20___
Debtor (Mortgagor): _____________________________________________________________
Creditor (Mortgagee): ___________________________________________________________
Amount of Promissory Note or Other Debt (the Debt): $_________________
Date of Promissory Note or Other Debt: _______________________, 20____
Interest Rate: ____________________ per year
Maturity Date of Promissory Note: _______________________, 20____
Legal Description of Real Estate: __________________________________________________
Street Address of Real Estate: _____________________________________________________
Source of Title of Mortgagor: Book _______ Page______, Register’s Office
This Deed of Trust is Junior and Subordinate to the Following Deed(s) of Trust:
Date ____________, Recorded in Book ____, Page ____, Register’s Office
Date ____________, Recorded in Book ____, Page ____, Register’s Office
To secure the payment of the Debt and other obligations of the Mortgagor under this Mortgage,
the Mortgagor conveys the Real Estate to the Trustee. As further security for the obligations of the
Mortgagor, the Mortgagor pledges to the Mortgagee all revenues of the Real Estate, all awards of
damages resulting from condemnation proceedings, and all payments made for the voluntary sale of the
Real Estate in lieu of the exercise of the power of eminent domain. HOWEVER, if the Mortgagor pays
the Debt and fulfills all other obligations to the Mortgagee under this mortgage, this conveyance shall be
null and void.
1. Warranties and Covenants of Mortgagor. Mortgagor warrants and covenants that:
(a) No other creditor has a security interest in the Real Estate except as shown above.
(b) Mortgagor is the owner of the Real Estate free from any adverse lien or encumbrance except this
lien and the others described in this Mortgage.
(c) Mortgagor will defend the Real Estate against all claims of other persons.
(d) Mortgagor will immediately notify the Mortgagee in writing of any change in name or address.
(e) Mortgagor will do all such things as Mortgagee at any time or from time to time may reasonably
request to establish and maintain a mortgage interest in the Real Estate.
(f) Mortgagor will pay the cost of filing this agreement in all public offices where recording is
deemed by Mortgagee to be necessary or desirable.
(g) Mortgagor will not transfer or encumber the Real Estate without the prior written consent of
(h) Mortgagor will keep the Real Estate insured against risk of loss or damage upon such terms as
Mortgagee may reasonably require.
(i) Mortgagor will keep the Real Estate free from any adverse lien and in good repair, will not waste
or destroy the Real Estate, and will not use the Real Estate in violation of any law or policy of insurance.
Mortgagee may examine and inspect the Real Estate at any reasonable time.
(j) Mortgagor will pay promptly when due all taxes and assessments upon the Real Estate or for its
use or operation or upon this mortgage or upon any note evidencing the Debt.
(k) There are no hazardous substances on or under the Real Estate and will be none in the future.
(l) The Real Estate and its use fully comply and will comply in the future with all applicable
building, zoning, environmental, and other laws and regulations.
Mortgagor agrees to hold Mortgagee harmless from all loss, cost, damage, claim and expense incurred by
Mortgagee on account of the violation of any warranty or covenant set forth in this Mortgageor
Mortgagor's failure to perform any obligation in this mortgage. This indemnification shall survive the
payment of the Debt or any subsequent transfer of the Real Estate.
2. Additional Rights. Mortgagee may discharge liens placed on the Real Estate, may place and pay
for insurance on the Real Estate upon failure by the Mortgagor to do so, and may pay for the
maintenance, repair, and preservation of the Real Estate. Mortgagor agrees to reimburse Mortgagee on
demand for any payment under this authorization. The Mortgagor authorizes the holder of a prior
mortgage encumbering the Real Estate to disclose to the Mortgagee any information regarding that
mortgage or the indebtedness secured by it which the Mortgagee may request. If this Mortgageis
subordinate to a prior mortgage, the Mortgagor may cure pay any amount that may be delinquent or take
whatever other action may be required under the terms of the prior mortgage so as to put it in good
3. Events of Default. Mortgagor shall be in default under this Mortgage upon the occurrence of
any of the following events or conditions: (a) the failure to perform any of the obligations under this
Mortgage; (b) the loss, theft, substantial damage, destruction, transfer or encumbrance of the Real Estate;
(c) the making of any levy, seizure or attachment upon the Real Estate; (d) the filing by Mortgagor or by
any third party against Mortgagor of any petition under any Federal bankruptcy statute, the appointment
of a receiver of any part of the property of Mortgagor, or any assignment by Mortgagor for the benefit of
creditors; or (e) the filing of any notice of lien against the Real Estate, or any part of it, under the statutes
of Tennessee relating to the liens of mechanics and materialmen, and the lien is not discharged within
thirty days of the filing.
4. Remedy. Upon the happening of an event of default, at the option of the Mortgagee, the unpaid
balance of the Debt shall at once become due and payable. The Trustee shall then be authorized to sell the
Real Estate, free of all rights and exemptions of the Mortgagor except the right of redemption, after
giving (a) at least sixty days’ notice by certified mail, return receipt requested, to the Mortgagor at the
Mortgagor’s last known address shown on the records of the Mortgagee, and (b) at least twenty days'
notice of the time, place and terms of sale by publication once a week for three consecutive weeks in a
newspaper of general circulation published in the county in which the Real Estate is located. The sale
shall take place in front of a courthouse door of the county, at public outcry, to the highest bidder for
cash. The Trustee shall apply the proceeds of sale as follows: first, to the expense of advertising, selling
DEED OF TRUST www.selegal.org PAGE 2
and conveying the Real Estate and foreclosing this mortgage, including a reasonable attorney’s fee;
second, to the payment of any amounts that have been spent, or that it may then be necessary to spend, in
paying insurance premiums, liens or other encumbrances, with interest; third, to the payment in full of the
balance of the Debt, but no interest shall be collected beyond the day of sale; and, fourth, the balance, if
any, to be paid to the party or parties appearing of record to be the owner of the Real Estate at the time of
sale. The Mortgagee may bid at any sale and may purchase the Real Estate. At the foreclosure sale the
Real Estate may be offered and sold in any manner the Mortgagee may elect. The purchaser at any sale
shall be under no obligation to see to the proper application of the purchase money.
5. Other Provisions. The Mortgagee may replace the Trustee at any time by naming a successor in
an instrument recorded in the Register's Office of the county where the Real Estate is located. Any
successor Trustee shall have the powers of the predecessor. The Mortgagor shall be considered to be the
maker or makers of this mortgage, whether one or more individuals or entitles. All covenants and
agreements shall bind the successors and assigns of the Mortgagor, and every right of the Mortgagee shall
inure to the benefit of the Mortgagee's successors and assigns. The Debt shall become immediately due,
at the option of the Mortgagee, upon the transfer of the Real Estate, or any part of it or any interest
in it, by the Mortgagor.
STATE OF TENNESSEE
COUNTY OF ______________________
Personally appeared before me, the undersigned, a notary public in and for this county and state,
the person or persons named above with each of whom I am personally acquainted (or each of whom
proved his or her identity to me on the basis of satisfactory evidence) and each of whom each
acknowledged that he or she executed this instrument for the purposes contained in it.
Witness my hand and official seal this day of ______, 20___.
My Commission Expires:
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