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Assignment of Deed of Trust

This template is used to formally assign a Deed of Trust from one party to another, transferring the beneficial interest and rights associated with the deed. It is typically used in real estate transactions where the original lender or beneficiary wishes to transfer their interest to a new party.

Updated 15d ago
Deed of TrustAssignmentFinancingReal EstateTransferMortgageSouthern Africa

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ASSIGNMENT OF DEED OF TRUST

FOR VALUE RECEIVED, the undersigned, {{current_beneficiary_name}}, located at {{current_beneficiary_address}} (hereinafter “Assignor”), does hereby grant, sell, assign, transfer, and convey unto {{new_beneficiary_name}}, located at {{new_beneficiary_address}} (hereinafter “Assignee”), all beneficial interest under that certain Deed of Trust, Note, or other evidence of indebtedness dated {{original_deed_date}}, executed by {{original_borrower_name}} as Trustor, in favor of {{original_beneficiary_name}} as Beneficiary, and recorded on {{recording_date}} in the office of the {{county_recorder_office}} County Recorder, State of {{state}}, as Instrument No. {{instrument_number}}, Official Records.

Property Description

The Deed of Trust encumbers the following described real property situated in {{county}} County, State of {{state}}: {{property_legal_description}} Commonly known as: {{property_address}}.

Rights and Interests Transferred

TO HAVE AND TO HOLD the same unto the Assignee, its successors and assigns, forever, together with all rights, title, interest, powers, and privileges appertaining thereto. This assignment includes, but is not limited to, the right to collect all sums now due or hereafter to become due under the said Deed of Trust and the promissory note(s) secured thereby, and to exercise all rights, powers, and remedies provided for in the Deed of Trust, including the power of sale.

Representations and Warranties of Assignor

Assignor hereby represents and warrants to Assignee that: a. Assignor is the lawful owner and holder of the beneficial interest under the Deed of Trust and the promissory note(s) secured thereby. b. Assignor has the full right, power, and authority to assign such beneficial interest. c. There are no prior assignments, pledges, or encumbrances of the beneficial interest that would impair the rights granted to Assignee under this Assignment. d. Assignor has not performed any acts that would prevent Assignee from exercising any of its rights under the Deed of Trust or the promissory note(s) secured thereby.

Assumption of Obligations by Assignee

Assignee, by acceptance of this Assignment, agrees to assume and be bound by all the terms, conditions, and obligations of the Beneficiary set forth in the Deed of Trust from and after the effective date of this Assignment.

Indemnification

Assignor agrees to indemnify and hold harmless Assignee from any and all claims, liabilities, costs, and expenses arising out of any actions or omissions of Assignor relating to the Deed of Trust prior to the effective date of this Assignment. Assignee agrees to indemnify and hold harmless Assignor from any and all claims, liabilities, costs, and expenses arising out of any actions or omissions of Assignee relating to the Deed of Trust from and after the effective date of this Assignment.

Governing Law

This Assignment shall be governed by and construed in accordance with the laws of the {{state}}.

Miscellaneous

This Assignment constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. This Assignment may not be amended or modified except by a written instrument executed by both Assignor and Assignee.

Signature Block

IN WITNESS WHEREOF, the parties have executed this Assignment of Deed of Trust on this {{day}} day of {{month}}, {{year}}.

Assignor:

_____________________________

{{current_beneficiary_name}}

Assignee:

_____________________________

{{new_beneficiary_name}}

Witness 1:

_____________________________

{{witness_1_name}}

Witness 2:

_____________________________

{{witness_2_name}}

Notary Public:

Subscribed and sworn to before me this {{notary_day}} day of {{notary_month}}, {{notary_year}}.

_____________________________

Notary Public Signature

My Commission Expires: {{commission_expiry_date}}

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