DEED OF TRUST

State of Missouri

PREPARED BY AND RETURN TO:
[PREPARER NAME]
[ADDRESS]
[CITY, STATE ZIP]

Date: [DATE]
Document Number: _________________ (Recorder's Use)
Property Address: [PROPERTY ADDRESS, CITY, MO ZIP]
Locator Number: [LOCATOR NUMBER]

DEED OF TRUST

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

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

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

BENEFICIARY (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 to Trustee, in trust, with POWER OF SALE, the following described real property situated in [COUNTY] County, Missouri:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

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

TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights, appurtenances, rents, royalties, and profits; and all fixtures now or hereafter attached to the property (collectively, the "Trust Property").

TO HAVE AND TO HOLD the same unto Trustee, upon the trusts and for the purposes hereinafter set forth.

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 - TRUSTEE PROVISIONS

2.1 Power of Sale. Pursuant to RSMo § 443.410, deeds of trust in the nature of mortgages may be foreclosed by trustee's sale at the option of the holder of the debt.

2.2 Successor Trustee. Beneficiary may appoint a successor Trustee at any time by recording the appointment of successor trustee. The successor Trustee shall succeed to all powers and duties of the original Trustee.

2.3 Trustee's Duties. Trustee shall exercise the powers granted herein in accordance with Missouri law and this Deed of Trust.

ARTICLE III - COVENANTS OF GRANTOR

Grantor covenants and agrees as follows:

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

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

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

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

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

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

ARTICLE IV - ASSIGNMENT OF RENTS

4.1 Assignment. Grantor hereby assigns to Beneficiary all rents, issues, and profits of the Trust Property as additional security.

4.2 License to Collect. Grantor shall have a license to collect and retain such rents prior to default. Upon default, this license shall terminate.

ARTICLE V - DEFAULT AND FORECLOSURE

5.1 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.

5.2 Foreclosure Options. Upon default, Beneficiary may elect to foreclose:
(a) By trustee's sale (non-judicial foreclosure) as provided in RSMo Chapter 443; or
(b) By judicial foreclosure as provided by law.

5.3 Notice of Sale.

(a) Mailing to Borrower. Not less than twenty (20) days prior to the scheduled date of sale, Trustee shall cause to be deposited in the United States mail a notice by certified or registered mail, postage prepaid, containing the information required in the published notice of sale, addressed to Grantor at the last known address.

(b) Publication. Notice of sale shall be published at the county courthouse and in a local newspaper:
- Once a week for three (3) consecutive weeks;
- In a newspaper of general circulation in the county where the Trust Property is located.

(c) Posting. Notice of sale shall be posted at the county courthouse.

5.4 Contents of Notice. The notice of sale shall include:
(a) The names of the parties;
(b) A description of the Trust Property;
(c) The date, time, and place of the sale;
(d) The terms of sale;
(e) Such other information as required by law or this Deed of Trust.

5.5 Time of Sale. Trustee may choose a sale time that is reasonable for business purposes. Generally, a sale time between 9:00 a.m. and 5:00 p.m. is considered reasonable, unless this Deed of Trust specifies a particular time.

5.6 Place of Sale. The sale shall be conducted at the courthouse in the county where the Trust Property is located.

5.7 Conduct of Sale. The sale shall be:
(a) At public auction to the highest bidder;
(b) For cash, unless other terms are specified.

5.8 Trustee's Deed. Upon completion of the sale, Trustee shall execute and deliver a Trustee's Deed to the purchaser. The Trustee's Deed shall:
(a) Reference the Deed of Trust being foreclosed;
(b) Include the Grantor's (borrower's) name;
(c) Be signed by Trustee in the presence of a notary public.

NOTE: For releases of Missouri deeds of trust recorded prior to January 1, 1986, the original principal note (promissory note secured by the deed of trust) is required to accompany the Trustee's Deed under foreclosure per RSMo § 443.390.

5.9 Application of Proceeds. Trustee shall apply the proceeds of sale:
(a) First, to costs and expenses of the sale, including Trustee's fees;
(b) Second, to all sums secured by this Deed of Trust;
(c) Third, to junior liens in order of priority;
(d) Fourth, the surplus to Grantor or persons legally entitled thereto.

5.10 Redemption Rights. Missouri law provides that property sold through a non-judicial foreclosure sale can be redeemed by the original owner or their heirs within one (1) year from the date of the sale, pursuant to RSMo § 443.410.

5.11 Deficiency. Missouri permits deficiency judgments. If sale proceeds are insufficient, Beneficiary may pursue a deficiency judgment against Grantor.

ARTICLE VI - RECONVEYANCE

6.1 Release. Upon payment of all sums secured hereby, Beneficiary shall execute a release of this Deed of Trust, which shall be recorded.

6.2 Recording. The release shall be recorded in the county where the Trust Property is located.

ARTICLE VII - RECORDING REQUIREMENTS

7.1 Recording. This Deed of Trust shall be recorded with the Recorder of Deeds of [COUNTY] County, Missouri.

7.2 First Page Requirements. Pursuant to RSMo § 59.310, the first page must contain required information including Grantor's and Beneficiary's names and addresses, and a legal description or reference thereto.

7.3 City of St. Louis Special Requirement. In the City of St. Louis, the Grantee's notarized signature may also be required.

ARTICLE VIII - MISCELLANEOUS PROVISIONS

8.1 Governing Law. This Deed of Trust shall be governed by Missouri law.

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

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

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

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

ARTICLE IX - 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

STATE OF MISSOURI
COUNTY OF [COUNTY]

On this _____ day of ______________, 20___, before me, the undersigned Notary Public, personally appeared [GRANTOR NAME(S)], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

_______________________________
Notary Public
My Commission Expires: ___________

[NOTARY SEAL]

EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein is situated in the County of [COUNTY], State of Missouri, and is described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Locator Number: [NUMBER]

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