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Assignment of Deed of Trust

This template is used to formally assign the beneficial interest in a Deed of Trust from one party (the Assignor) to another (the Assignee). It is typically used in property transactions involving financed assets.

Updated 16d ago
assignmentdeed of trustreal estateloanpropertyfinancingsouthern africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Assignment of Deed of Trust

Assignment of Deed of Trust

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ASSIGNMENT OF DEED OF TRUST

FOR VALUE RECEIVED, the undersigned, {{assignor_name}} (hereinafter “Assignor”), whose address is {{assignor_address}}, does hereby grant, sell, assign, transfer, and set over unto {{assignee_name}} (hereinafter “Assignee”), whose address is {{assignee_address}}, all beneficial interest of the Assignor in that certain Deed of Trust dated {{deed_of_trust_date}}, executed by {{trustor_name}} as Trustor, in favor of {{beneficiary_name}} as Beneficiary, and recorded on {{recording_date}} in the Office of the Registrar of Deeds for {{jurisdiction}}, under Instrument No. {{instrument_number}}, encumbering the real property legally described as follows:

{{property_legal_description}}

Grant of Interest

Together with the promissory note(s) or other obligation(s) therein described, and all sums of money due or to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust. Assignor warrants that it is the lawful owner and holder of the aforesaid Deed of Trust and the promissory note secured thereby, and has good right to assign the same.

Representations and Warranties of Assignor

The Assignor hereby represents and warrants to the Assignee that:

a) The Deed of Trust is valid, subsisting, and in full force and effect.

b) The Assignor is the sole legal and beneficial owner of the Deed of Trust and the obligations secured thereby, free and clear of all liens, encumbrances, and adverse claims.

c) There are no defaults under the Deed of Trust or the obligations secured thereby, and no event has occurred that, with the passage of time or the giving of notice, would constitute a default.

Indemnification

The Assignor agrees to indemnify and hold harmless the Assignee from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach of the Assignor's representations or warranties contained herein, or any actions taken by the Assignor prior to the effective date of this Assignment.

Acceptance by Assignee

The Assignee acknowledges and accepts this Assignment and agrees to be bound by all the terms and conditions of the Deed of Trust and the obligations secured thereby, to the extent applicable to the Beneficiary thereunder. The Assignee assumes all rights and obligations as the new Beneficiary under the Deed of Trust.

Governing Law

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

General Provisions

This Assignment shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Assignment constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. No amendment, modification, or waiver of any provision of this Assignment shall be effective unless in writing and signed by both parties.

IN WITNESS WHEREOF

The Assignor has executed this Assignment on this {{day}} day of {{month}}, {{year}}.

Signatures

ASSIGNOR:

_____________________________

{{assignor_name}}

ASSIGNEE:

_____________________________

{{assignee_name}}

Witnesses:

1. __________________________

Name: {{witness1_name}}

Address: {{witness1_address}}

2. __________________________

Name: {{witness2_name}}

Address: {{witness2_address}}

Acknowledgement

STATE/PROVINCE OF {{state_province}}

CITY/DISTRICT OF {{city_district}}

On this {{day}} day of {{month}}, {{year}}, before me, a Notary Public in and for said State/Province, personally appeared {{assignor_name}}, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

_____________________________

Notary Public

My Commission Expires: {{commission_expiry_date}}

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