Deed of Trust (Indiana Mortgage Form)

INDIANA MORTGAGE

(Cataloged as “Deed of Trust” for URL Continuity)

WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]

Property Address: [PROPERTY ADDRESS, CITY, IN ZIP]
Parcel Number: [PARCEL NUMBER]
Maximum Future-Advance Amount, if any: $[AMOUNT / NONE]

Indiana judicial-sale warning. This instrument creates a mortgage lien directly in favor of Lender. It does not appoint a trustee and does not grant a private power of sale. Indiana Code § 32-29-1-3 requires the sale of mortgaged property to occur through a judicial proceeding.

1. PARTIES AND DEBT

This Mortgage is dated [DATE] and is made by:

MORTGAGOR / BORROWER:
[EXACT LEGAL NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]

in favor of:

MORTGAGEE / LENDER:
[EXACT LEGAL NAME]
[ADDRESS]
[CITY, STATE ZIP]

Borrower owes Lender the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), evidenced by a promissory note dated [DATE] (the “Note”), with a final maturity date of [DATE].

2. GRANT OF MORTGAGE

For value received, Borrower mortgages to Lender, without warranty unless expressly added by Indiana counsel, the real estate in [COUNTY] County, Indiana, legally described in Exhibit A, together with all improvements, fixtures, easements, rights, and appurtenances belonging to it (the “Property”).

This Mortgage secures:

1. payment and performance of the Note;
2. amounts Lender advances as authorized by this Mortgage to protect the Property or lien;
3. Borrower’s obligations under this Mortgage; and
4. renewals, extensions, and modifications of the secured obligations and future obligations or advances, but only to the extent stated here and permitted by Indiana Code § 32-29-1-10. Future advances may not exceed the maximum amount stated above.

3. BORROWER COVENANTS

Until the secured obligations are paid and the Mortgage is released, Borrower shall:

1. pay the Note and other secured amounts when due;
2. pay real-estate taxes, assessments, and charges before delinquency;
3. keep the Property in reasonable repair and avoid waste;
4. maintain property insurance in the coverage and amount agreed in the loan documents, subject to applicable law;
5. promptly notify Lender of material damage, condemnation, or a claim affecting title; and
6. comply with lawful restrictions and governmental requirements materially affecting the Property.

If Borrower fails to pay a charge or maintain required insurance after any notice and cure period in the loan documents, Lender may advance a reasonable amount to protect the Property or lien. An authorized advance, with interest at the rate stated in the Note or other signed loan document, becomes part of the secured obligations.

4. DEFAULT AND ACCELERATION

Subject to every notice, cure, reinstatement, loss-mitigation, consumer-protection, bankruptcy, and other restriction imposed by applicable law or the loan documents, Lender may declare the secured obligations due after:

1. failure to pay an amount when due;
2. a material breach of this Mortgage that remains uncured after any required notice and cure period; or
3. another event expressly identified as a default in the Note or a signed loan document.

This clause does not itself authorize possession, self-help, a trustee’s sale, or a nonjudicial sale.

5. INDIANA JUDICIAL FORECLOSURE

5.1 Court proceeding required. Any sale enforcing this Mortgage must occur through a judicial foreclosure. After judgment, the sheriff sells the mortgaged premises as Indiana law and the court’s decree direct. The sheriff may conduct the public auction electronically or at an authorized physical location. Ind. Code §§ 32-29-1-3; 32-29-7-3(c)-(d).

5.2 Statutory waiting period. Under Indiana Code § 32-29-7-3(a), process ordinarily may not issue to execute a foreclosure judgment or decree of sale until three months after the complaint is filed. The statute specifies six- and twelve-month periods for certain mortgages executed before July 1, 1975. If a court finds abandonment under Indiana Code chapter 32-30-10.6, execution may occur on the date judgment is entered.

5.3 Sale notice. Indiana Code § 32-29-7-3(e) generally requires publication once a week for three successive weeks, with the first publication at least thirty days before sale. Current law allows either three newspaper publications or a first newspaper publication followed by two publications under Indiana Code chapter 5-3-5 and on the relevant county’s official website. When placing the first publication, the sheriff must serve each owner as the Indiana Trial Rules provide.

5.4 Waiting-period waiver and deficiency release. An owner may shorten the statutory waiting period only with the judgment holder’s consent endorsed on the judgment or decree and by filing the waiver with the court clerk. The exchange required by Indiana Code § 32-29-7-5 is the judgment holder’s waiver and release of any deficiency judgment against that owner. This Mortgage is not a present waiver of either right.

5.5 Redemption and deficiency. Before the sheriff’s sale, an owner or part owner may redeem by paying the judgment, interest, and costs to the clerk or sheriff at the time specified in Indiana Code § 32-29-7-7. A completed sale under chapter 32-29-7 is generally without a right of redemption. Ind. Code § 32-29-7-9(b). Whether a deficiency is available depends on the debt documents, the judgment, the waiting-period waiver rule above, and other applicable law.

5.6 Limitations. Indiana Code § 34-11-2-11 generally requires an action on a mortgage or deed of trust to be commenced within ten years after the cause of action accrues. Accrual is fact-dependent; this instrument does not state that the period invariably begins with the last scheduled installment.

6. RELEASE AND SATISFACTION

After the secured debt and interest have been fully paid, lawfully tendered, and discharged, the owner, holder, or custodian of this Mortgage must release, discharge, and satisfy it of record as Indiana Code § 32-29-11-1 requires. Indiana Code §§ 32-29-1-6 and -7 address an entry of satisfaction and an acknowledged, recorded certificate of satisfaction. The release should identify the original recording information and be recorded in the office where this Mortgage is recorded.

7. GENERAL TERMS

7.1 Governing law. Indiana law governs this Mortgage.

7.2 Successors and assigns. This Mortgage binds Borrower and benefits Lender and their lawful successors and assigns, subject to applicable law.

7.3 Notices. Notices must be in writing and delivered as the Note, applicable law, or a separately signed notice provision requires.

7.4 Severability. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law.

7.5 No unauthorized remedy. A contractual remedy may be exercised only to the extent permitted by then-current law. No wording in this Mortgage creates a private power of sale.

8. SIGNATURE AND ACKNOWLEDGMENT

Borrower signs and seals this Mortgage on [DATE]. Each signer’s name must appear consistently in the body, signature, printed name, and acknowledgment. See Ind. Code § 36-2-11-16.

BORROWER / MORTGAGOR:

Signature: _______________________________
Printed legal name: [BORROWER NAME]

Signature: _______________________________
Printed legal name: [ADDITIONAL BORROWER NAME]

Indiana Acknowledgment

STATE OF INDIANA
COUNTY OF [COUNTY]

Before me, [NOTARIAL OFFICER NAME], a [NOTARIAL OFFICER TYPE], this _____ day of ______________, 20___, [BORROWER NAME(S)] acknowledged the execution of the foregoing Mortgage.

Signature of notarial officer: _______________________________
Printed name: [NOTARIAL OFFICER NAME]
Commission number (if applicable): [NUMBER]
My commission expires: [DATE]
County of commission/residence (if applicable): [COUNTY]

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

The real estate is situated in [COUNTY] County, Indiana, and legally described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Parcel Number: [NUMBER]

RECORDING STATEMENTS

This instrument was prepared by [PREPARER NAME].

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. [NAME]

Do not place a Social Security number in this mortgage instrument. Before submission, confirm the recorder’s current page-size, paper, ink, type-size, margin, fee, indexing, and e-recording requirements. Indiana Code § 36-2-11-16.5 supplies statewide paper-format criteria, and county workflows may add submission instructions.

Official Sources (verified August 13, 2026)

• Indiana Code 2026, IC 32-29-1 — Mortgage of Real Estate
• Indiana Code 2026, IC 32-29-7 — Foreclosure, Redemption, and Sale
• Indiana Code 2026, IC 32-29-11 — Duty to Satisfy Record
• Indiana Code 2026, IC 34-11-2 — Specific Statutes of Limitation
• Indiana Code 2026, IC 32-21-2 — Recording Process
• Indiana Code 2026, IC 36-2-11 — County Recorder

Have Indiana counsel review the completed instrument, the Note, title, vesting, signatures, legal description, priority, federal and consumer-law overlays, and county recording requirements before signing or recording.