Selling Guide

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E-2-05, Revocable Trust Rider (Sample Language) (01/17/2013)

Introduction

This rider may be used for California mortgages. It may need to be modified to reflect the requirements of other specific states.

 

DEFINITIONS USED IN THIS RIDER

(A) “Revocable Trust.” The _______________________________________ [Complete Legal Name of Trust] Trust created under trust instrument dated __________________, ______.

(B) “Revocable Trust Trustees.” __________________________________ trustee(s) of the Revocable Trust.

(C) “Revocable Trust Settlor(s).” _________________________________ settlor(s) of the Revocable Trust signing below.

(D) “Lender.” ______________________________________.

(E) “Security Instrument.” The Deed of Trust and any riders thereto of the same date as this Rider given to secure the Note to the Lender of the same date and covering the Property (as defined below).

(F) “Property.” The property described in the Security Instrument and located at ____________________________________ [Property Address].

THIS REVOCABLE TRUST RIDER is made this _______ day of _______, and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and the Lender further covenant and agree as follows: ADDITIONAL BORROWER(S) The term “Borrower” when used in the Security Instrument shall refer to the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and the Revocable Trust, jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such party is named as “Borrower” on the first page of the Security Instrument, each covenant and agreement and undertaking of the “Borrower” in the Security Instrument shall be such party’s covenant and agreement and undertaking as “Borrower” and shall be enforceable by the Lender as if such party were named as “Borrower” in the Security Instrument. BY SIGNING BELOW, the Revocable Trust Trustee(s) accepts and agrees to the terms and covenants contained in this Revocable Trust Rider. __________________________________, Trustee of the ______________________ _____________________________ [Complete Legal Name of Trust] Trust under trust instrument dated ________, _______. __________________________________, Trustee of the ______________________ _____________________________ [Complete Legal Name of Trust] Trust under trust instrument dated ________, _______. BY SIGNING BELOW, the undersigned Revocable Trust Settlor(s) acknowledges all of the terms and covenants contained in this Revocable Trust Rider and agrees to be bound thereby.

_____________________________________ (Seal) — Revocable Trust Settlor

_____________________________________ (Seal) — Revocable Trust Settlor

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