A Deed of Trust Covering Fixtures

Since fixtures are treated almost as if they are part of the real estate, a deed of trust, if properly worded, may also serve as a financing statement covering goods which are fixtures.  A deed of trust covering fixtures is effective from the date of filing if:

    The goods are described in the deed of trust by item or type;

    The goods which are or are to become fixtures are related to the real estate described in the deed of trust;

    The deed of trust complies with the requirements for a financing statement, however the deed of trust need not recite that it is to be filed in the Real Property Records; and

    The deed of trust is properly filed.

Any deed of trust which is effective as a financing statement remains effective until the deed of trust is released or otherwise terminated.

CAUTION: A deed of trust will not perfect the Bank’s security interest in goods which are not fixtures.  If the deed of trust covers collateral consisting of goods which are not fixtures, the Bank must file a Form UCC-1 Financing Statement with the Secretary of State on such collateral.