The West Virginia Comprehensive Commercial Deed of Trust and Security Agreement is a legally binding document that serves as a collateral agreement in a commercial real estate transaction. It provides security to lenders by creating a lien against the property as collateral for a loan. This agreement is commonly used in West Virginia for commercial property financing. Key elements of the West Virginia Comprehensive Commercial Deed of Trust and Security Agreement include: 1. Parties Involved: The agreement will outline the names and roles of the parties involved, including the borrower, lender, and trustee. 2. Property Description: Detailed information about the commercial property being financed, such as its legal description, address, and any relevant encumbrances or easements, will be included. 3. Loan Terms: The agreement will specify the terms and conditions of the loan, including the principal amount, interest rate, repayment schedule, and any other obligations or restrictions on the borrower. 4. Deed of Trust: The deed of trust provisions will outline how the property will be held by the trustee for the lender's benefit until the loan is fully repaid. It will include provisions related to foreclosure and the trustee's powers and duties. 5. Security Interest: The agreement establishes a security interest in the property, allowing the lender to seize and sell the property in the event of default. This provides protection for the lender and ensures repayment in case of borrower's default. Different types of West Virginia Comprehensive Commercial Deed of Trust and Security Agreements may include: 1. Standard Commercial Deed of Trust: This is the most common and basic type of deed of trust used for commercial property financing in West Virginia. 2. Junior Lien Commercial Deed of Trust: In cases where there is an existing mortgage or lien on the property, this type of agreement will be used to secure a secondary loan. The lender's lien would have a lower priority compared to the existing lien. 3. Assignment of Rents Deed of Trust: This agreement allows the lender to collect rents from tenants of the commercial property in case of default, providing an additional source of repayment. In summary, the West Virginia Comprehensive Commercial Deed of Trust and Security Agreement is a vital legal document in commercial real estate financing. It ensures that lenders have a secured interest in the property and protection for their investments. By utilizing this agreement, borrowers can gain access to the necessary funds for their commercial property projects, while lenders can mitigate risk and ensure repayment.