The Texas Comprehensive Commercial Deed of Trust and Security Agreement is a legal document that serves as a means of securing and guaranteeing repayment for a commercial loan. This agreement is commonly used in Texas for commercial real estate transactions and acts as a lien against the property being financed. The main purpose of a Texas Comprehensive Commercial Deed of Trust and Security Agreement is to provide the lender with a legal interest in the property, serving as collateral for the loan. In the event of default or non-payment, the lender has the right to foreclose on the property and sell it to recover their investment. Key provisions typically included in this agreement are the identification of the lender and borrower, the property subject to the deed of trust, the loan amount and terms, the obligations of the borrower, and the rights of the lender in case of default. It also outlines the responsibilities of both parties during the loan term, including the payment and handling of taxes, insurance, and maintenance of the property. There are various types of Texas Comprehensive Commercial Deed of Trust and Security Agreement that may be used depending on the specific circumstances of the transaction. Some common variations include: 1. First Deed of Trust: This is the primary lien against the property and takes priority over any subsequent liens or encumbrances. 2. Second Deed of Trust: In cases where there is primary existing debt, a second deed of trust may be used. It takes a secondary position in terms of priority and is subordinate to the first deed of trust. 3. Wrap-around Deed of Trust: This occurs when a new loan is combined with an existing one, and the borrower makes a single payment to cover both. The new loan "wraps around" the existing loan, creating one comprehensive deed of trust. 4. Assignment of Rents Deed of Trust: This type of agreement gives the lender the right to collect any rent or income generated from the property in case of default. In summary, the Texas Comprehensive Commercial Deed of Trust and Security Agreement is a critical legal document utilized in commercial real estate transactions in Texas. It establishes a lien against the property to secure repayment of the loan and outlines the rights and responsibilities of both the lender and borrower. Various types of deeds of trust exist, including first and second deeds of trust, wrap-around deeds of trust, and assignment of rents deeds of trust, each serving different purposes.