Which states are mortgage states and which are deed of trust states including a table showing this information for each state. In Nebraska, a Deed of Trust is the most commonly used instrument to secure a loan.Foreclosure can be done non-judicially, saving time and expense. When a document is recorded, conveying real property into a trust, legal title is conveyed to the trustee(s) to be held in trust. A deed of trust is the customary form of security instrument. Mortgages are permitted but are uncommon. To execute a Deed of Trust properly, the parties need to sign in the presence of a notary public. Essentially, both state that the borrower will repay the loan. Essentially, both state that the borrower will repay the loan. Print or download in minutes.