DEED OF TRUST

(Mortgage Equivalent - Louisiana)

State of Louisiana

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

Date: [DATE]
Instrument Number: _________________ (Clerk of Court's Use)
Property Address: [PROPERTY ADDRESS, CITY, LA ZIP]
Parcel ID: [PARCEL ID]

IMPORTANT NOTICE - EXECUTORY PROCESS STATE

LOUISIANA DOES NOT PERMIT NON-JUDICIAL FORECLOSURE. However, Louisiana has executory process, an accelerated judicial procedure that allows foreclosure without a full trial when certain requirements are met. For loans that do not qualify for executory process, ordinary process (full judicial foreclosure) is required. Mortgages are the standard security instrument.

DEED OF TRUST (MORTGAGE)

THIS DEED OF TRUST is made this [DAY] day of [MONTH], [YEAR], by and among:

GRANTOR/MORTGAGOR (Borrower):
[GRANTOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]

TRUSTEE:
[TRUSTEE NAME]
[ADDRESS]
[CITY, STATE ZIP]

BENEFICIARY/MORTGAGEE (Lender):
[BENEFICIARY/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RECITALS AND GRANT

WHEREAS, Grantor is indebted to Beneficiary in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note of even date herewith (the "Note");

NOW, THEREFORE, Grantor does hereby grant, bargain, sell, and convey unto Trustee, in trust, the following described real property situated in [PARISH] Parish, Louisiana:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

Property Address: [PROPERTY ADDRESS], [CITY], Louisiana [ZIP CODE]

TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights, appurtenances, rents, royalties, and profits.

CONFESSION OF JUDGMENT

IMPORTANT FOR EXECUTORY PROCESS: Grantor hereby confesses judgment for the full amount of the indebtedness secured hereby, and acknowledges that this instrument and the Note secured hereby are in authentic form and contain a confession of judgment, authorizing seizure and sale of the mortgaged property by executory process in accordance with Louisiana law.

ARTICLE I - OBLIGATIONS SECURED

This Deed of Trust secures to Beneficiary:
(a) The repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and modifications;
(b) The payment of all other sums, with interest, advanced under this Deed of Trust;
(c) The performance of Grantor's covenants and agreements under this Deed of Trust and the Note.

ARTICLE II - COVENANTS OF GRANTOR

Grantor covenants and agrees as follows:

2.1 Payment. Grantor shall pay when due the principal and interest on the debt evidenced by the Note and all other sums secured hereby.

2.2 Insurance. Grantor shall keep the improvements insured against loss by fire and other hazards, with Beneficiary named as loss payee.

2.3 Taxes and Assessments. Grantor shall pay before delinquency all taxes, assessments, and charges against the Trust Property.

2.4 Maintenance. Grantor shall maintain the Trust Property in good condition and repair and shall not commit or permit waste.

2.5 Defense of Title. Grantor shall defend title against all claims.

2.6 Compliance with Laws. Grantor shall comply with all laws, ordinances, and regulations affecting the Trust Property.

ARTICLE III - DEFAULT AND FORECLOSURE

3.1 Events of Default. The following shall constitute Events of Default:
(a) Failure to make any payment when due under the Note or this Deed of Trust;
(b) Breach of any covenant or agreement herein;
(c) Material misrepresentation by Grantor;
(d) Transfer of the Trust Property without Beneficiary's prior written consent;
(e) Bankruptcy or insolvency of Grantor.

EXECUTORY PROCESS (La. C.C.P. Art. 2631 et seq.)

3.2 Executory Process Requirements. To use executory process, Beneficiary must possess:
(a) A mortgage in authentic form (executed before a notary and two witnesses);
(b) A confession of judgment of the indebtedness in the mortgage;
(c) The original promissory note or other evidence of debt (with certain exceptions under La. R.S. 9:5555).

3.3 Executory Process Procedure (La. C.C.P. Arts. 2634, 2638). Upon filing the petition:
(a) Grantor is served with a demand for the default amount;
(b) If not paid within three (3) days, the court orders a writ of seizure and sale;
(c) The Sheriff serves the writ and publishes notice of sale.

3.4 Appraisal. The property must be appraised, and generally cannot be sold for less than two-thirds (2/3) of the appraised value at the first offering.

ORDINARY PROCESS

3.5 Ordinary Process (Judicial Foreclosure). If executory process requirements cannot be met (e.g., no original note, no confession of judgment, or mortgage not in authentic form), Beneficiary must foreclose through ordinary process, which proceeds as a normal civil lawsuit.

3.6 Deficiency Judgment. Beneficiary may obtain a deficiency judgment by:
(a) Filing a separate lawsuit after executory proceedings; or
(b) Converting an executory foreclosure to a regular judicial foreclosure.

ARTICLE IV - RELEASE

4.1 Cancellation. Upon payment of all sums secured hereby, Beneficiary shall execute a Cancellation of Mortgage suitable for recording.

4.2 Recording. The cancellation shall be recorded with the Clerk of Court in the parish where the Trust Property is located.

ARTICLE V - RECORDING REQUIREMENTS

5.1 Recording. This Deed of Trust shall be recorded with the Clerk of Court of [PARISH] Parish, Louisiana, in the Mortgage Records.

5.2 Mortgage Certificate. A mortgage certificate shall be obtained as required by Louisiana law.

ARTICLE VI - MISCELLANEOUS PROVISIONS

6.1 Governing Law. This Deed of Trust shall be governed by Louisiana law.

6.2 Successors and Assigns. This Deed of Trust binds and benefits the heirs, executors, administrators, successors, and assigns of the parties.

6.3 Severability. If any provision is held invalid, all other provisions remain in full force.

6.4 Notices. All notices shall be in writing and sent to the addresses set forth above.

6.5 Entire Agreement. This Deed of Trust and the Note constitute the entire agreement of the parties.

ARTICLE VII - RIDERS AND ADDENDA

The following riders are attached hereto and incorporated herein:

☐ Adjustable Rate Rider
☐ Condominium Rider
☐ Planned Unit Development Rider
☐ Second Home Rider
☐ 1-4 Family Rider
☐ Other: [SPECIFY]

SIGNATURE PAGE

IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first written above.

GRANTOR(S):

_______________________________
[GRANTOR NAME]
Date: _________________________

_______________________________
[GRANTOR NAME]
Date: _________________________

ACKNOWLEDGMENT (AUTHENTIC ACT)

STATE OF LOUISIANA
PARISH OF [PARISH]

BE IT KNOWN, that on this _____ day of ______________, 20___, before me, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, and in the presence of the undersigned competent witnesses, personally came and appeared:

[GRANTOR NAME(S)]

who declared that he/she/they executed the foregoing instrument and acknowledged the same to be his/her/their free act and deed for the purposes therein expressed.

WITNESSES:

_______________________________
Printed Name: __________________

_______________________________
Printed Name: __________________

_______________________________
Notary Public
Printed Name: __________________
Notary ID/Bar Roll Number: _______
My Commission Expires: ___________

[NOTARY SEAL]

EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein is situated in [PARISH] Parish, State of Louisiana, and is described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Parcel ID: [NUMBER]

This document prepared by:
[PREPARER NAME]
[ADDRESS]
[PHONE]
[EMAIL]