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A trust instrument (including a deed of variation) will generally be executed in the form of a deed. Historically, a deed could only be amended by deed, however the power of amendment in a trust deed now is more commonly drafted broadly so that a written or oral amendment may be effective.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure. Late payments should be avoided to prevent escalation and property loss.
Amendment to Deed of Trust means that certain Amendment to the Deed of Trust and Security Agreement and Amendment to Assignment of Leases and Rents, dated as of the Amendment Date, executed by Borrower and Lender.
A trust modification or reformation lawsuit aims to change a trust in a way that best reflects the settlors intent.
Deed of Trust Modification means, with respect to any Deed of Trust, a modification agreement entered into between the Borrower or the Project Owner, as applicable, and the Lender, modifying the terms and conditions of the Deed of Trust in order to (i) add to the lien of the Deed of Trust Additional Lots, or (ii) make