In Arizona, a Deed of Trust is the most commonly used instrument to secure a loan. Foreclosure can be done non-judicially, saving time and expense. This process is called a Trustee Sale.
There are three parties in this Deed of Trust:
1- The Trustor (Borrower)
2- Beneficiary (Lender) and a
3- Trustee (Neutral Third Party)
Basic Concept. The Trustor (Borrower) conveys property title to a Trustee (Neutral Party). A Trustee or beneficiary can take an action against any person for damages such as but not limited to:
(1. Physical abuse to or destruction of the trust property, or any portion thereof.)
(2. Waste.)
(3. Impairment of the security provided by the trust deed.) 33-806

This Deed of Trust states:
Trustor (Borrower) shall take reasonable care of the Subject Real Property and the buildings thereon and shall maintain them in good repair and condition as at the original date of this Deed of Trust, ordinary depreciation excepted.

Right to Inspect Subject Real Property. At all convenient and reasonable times, upon prior notice to Trustor, Beneficiary or Trustee shall have the right and license to go on and into the Subject Real Property to inspect it in order to determine whether the provisions of the Deed of Trust are being kept and performed.

Event of Default. Each of the following shall be considered an event of default of this Deed of Trust:
a. The failure of Trustor to make any payment due hereunder or under the Note on or before the due date thereof;
b. The failure of Trustor to perform any duty required by this Deed of Trust or the Note.
c. The sale or attempted sale of the Subject Real Property by Trustor without the prior written consent of Beneficiary;
d. Encumbrance of the Subject Real Property whether voluntary or involuntary by any lien or deed of trust without the prior written consent of Beneficiary;
e. Unless approved by Trustee in writing any Lease or attempted lease or rental of the Subject Real Property that is inconsistent with Trustor's use and occupancy of the Subject Real Property as Trustor's principal residence. (Add 1-4 Rider for Rental Property)
f. The removal or attempted removal by Trustor of any property included in the Subject Real Property without the consent of Beneficiary;
g Abandonment of the Subject Real Property by Trustor;
h. The filing, execution or occurrence of:
1- A petition in bankruptcy by or against Trustor;
2- Adjunction of Trustor as a bankrupt or insolvent, or insolvency in the bankruptcy equity sense.

This Deed of Trust has stringent default terms and conditions, mostly used by investors or parties selling and financing a real property. Can be used for Condominiums and Rental property.

(Arizona Deed of Trust Package includes form, guidelines, completed example, promissory note form, guide, completed example, subordination clause forms, and annual accounting statement form)

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