A Tennessee Complex Deed of Trust and Security Agreement is a legal document that establishes a lien on a property to secure a loan or debt. This agreement is commonly used in Tennessee for real estate transactions, where a borrower pledges their property as collateral to a lender to obtain a loan or financing. The Tennessee Complex Deed of Trust and Security Agreement serves as evidence of the borrower's intention to repay the loan or debt and provides the lender with the right to sell the property through a foreclosure process in case of default. There are generally two types of Tennessee Complex Deed of Trust and Security Agreement: 1. Primary Deed of Trust: This type of agreement is the main lien on the property and takes priority over any other liens or claims. It ensures the lender has the first right to proceeds from the sale of the property. 2. Subordinate Deed of Trust: This agreement comes into play when there is more than one loan against a property. It is a secondary lien, subordinated to the primary deed of trust, and has a lower priority in terms of repayment. If the property is sold, the proceeds first go to satisfy the primary lien, and any remaining amount is used to pay off the subordinate lien. The Tennessee Complex Deed of Trust and Security Agreement includes various essential components, such as: 1. Parties: Identifies the borrower (also called the trust or granter), the lender (also known as the beneficiary), and a trustee who holds legal title to the property until the loan is fully repaid. 2. Property Description: Provides a detailed description of the property being used as collateral, including its boundaries, address, and legal description. 3. Loan Amount and Terms: Specifies the amount of the loan, interest rate, repayment terms, and any penalties or fees associated with default or late payments. 4. Escrow Account: Establishes an escrow account for the payment of property-related expenses like taxes and insurance, which are often managed by the lender. 5. Insurance and Maintenance: Requires the borrower to maintain adequate property insurance and keep the property in good condition throughout the loan term. 6. Default and Foreclosure: Outlines the conditions under which the borrower would be considered in default, including non-payment or violation of other terms. It also details the process of foreclosure and how the property can be sold to repay the outstanding loan. Signing a Tennessee Complex Deed of Trust and Security Agreement is an important step in securing funding for real estate transactions in Tennessee. It provides legal protection for both the borrower and the lender and ensures transparency and clarity in the arrangement.