Main MenuMain Menu Bookmark PageBookmark Page

Chapter 10

Form 10-20

Certification of Trust

Basic Information

Date:

Trust:

Trustee:

Trustee’s Mailing Address:

Repeat as necessary.

Settlor:

Repeat as necessary.

Include the following terms as applicable.

Note

Date:

Original principal amount:

Borrower:

Lender:

Deed of Trust

Date:

Grantor:

Beneficiary:

Recording information:

Property:

Buyer:

Continue with the following.

Terms of Certification

1.Trustee is a currently acting trustee of the Trust under an instrument executed on [date], and the Trust exists.

Select one of the following.

2.The Trust powers include at least all those trust powers granted a trustee by sub­chapter A, chapter 113, of the Texas Property Code.

Or

2.The Trust powers include the power to, and the Trustee is authorized to

Select as applicable.

borrow money in the amount of $[amount] from Lender to [purchase the Prop­erty/[state other purpose or use of loan proceeds]] and to enter into the Note, payable to the order of Lender [;/.]

And/Or

grant security interests in or liens on all or certain assets of the Trust, including entering into the Deed of Trust covering the Property and any necessary modifications, extensions, increases, and renewals of the Deed of Trust [;/.]

And/Or

enter into any assignments, pledges, mortgages, deeds of trust, security agree­ments, and other documents and instruments concerning the Property, or any real or personal property, or any interest therein, owned by the Trust that may be necessary or appropriate or required by Lender to evidence and secure the payment of the Note [;/.]

And/Or

contract for the issuance by Lender of letters of credit, to discount with Lender notes, acceptances, and evidences of indebtedness payable to or due the Trust, to endorse the same and execute any contracts and instruments for repayment thereof to Lender as Lender may require, to enter into foreign exchange transactions with or through Lender, and to enter into interest-rate hedging transactions with Lender in con­nection with the Note [;/.]

And/Or

execute deeds or other instruments of conveyance [;/.]

And/Or

enter into a guaranty guaranteeing [a portion of] the obligations of Borrower to Lender [;/.]

And/Or

[state other purpose of certification].

Select one of the following.

3.The Trust is irrevocable.

Or

3.The Trust is revocable, and the power to revoke the Trust is held by [name].

Continue with the following.

4.Under the terms of the Trust, [all/[number]] of the currently acting trustees are required to sign documents in order to exercise the powers of the trustees.

5.Title to the Trust property should be taken in the following manner: [describe].

6.The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect.

Include one of the following if applicable.

7.The Settlor is the primary beneficiary of the Trust.

Or

7.The Settlor is not the primary beneficiary of the Trust.

Trustee:

   
[Name of trustee]

Repeat signature lines as necessary.