Butte County Deed of Trust Form

Butte County Deed of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Butte County Deed of Trust Guidelines
Line by line guide explaining every blank on the form.

Butte County Completed Example of the Deed of Trust Form
Example of a properly completed form for reference.

Butte County Promissory Note Form
Note that is secured by the Deed of Trust document.

Butte County Promissory Note Guidelines
Line by line guide explaining every blank on the form.

Butte County Completed Example of the Promissory Note Document
Example of a properly completed form for reference.

Butte County Annual Accounting Statement Form
Issue to borrower(s) for fiscal year reporting.
All 7 documents above included • One-time purchase • No recurring fees
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Additional Idaho and Butte County documents included at no extra charge:
Where to Record Your Documents
Butte County Clerk
Arco, Idaho 83213-0737
Hours: 9:00 to 12:00 & 1:00 to 5:00 M-F
Phone: (208) 527-3021
Recording Tips for Butte County:
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Butte County
Properties in any of these areas use Butte County forms:
- Arco
- Howe
- Moore
Hours, fees, requirements, and more for Butte County
How do I get my forms?
Forms are available for immediate download after payment. The Butte County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Butte County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Butte County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Butte County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Butte County?
Recording fees in Butte County vary. Contact the recorder's office at (208) 527-3021 for current fees.
Questions answered? Let's get started!
A Deed of Trust is the most common instrument used to finance real property in Idaho. A Deed of Trust with a power of sale allows for a non-judicial foreclosure, saving time and expense for the lender. A Deed of Trust/Promissory Note that include stringent default terms can be beneficial to the lender. Use these forms for financing real property: vacant land, residential property, rental units, condominiums, small commercial and planned unit developments.
The promissory note is held by the lender and used for reconveyance once the deed of trust has been satisfied, it is considered to be severable and addresses past due dates, late charges, fees for additional days late, maturity dates, traditional finance and balloon payments, default rates, default terms and conditions, etc.
45-1502. DEFINITIONS --- TRUSTEE'S CHARGE. As used in this act:
(1) "Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or his successor in interest, and who shall not be the trustee.
(2) "Grantor" means the person conveying real property by a trust deed as security for the performance of an obligation.
(3) "Trust deed" means a deed executed in conformity with this act and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the deed to a beneficiary.
(4) "Trustee" means a person to whom title to real property is conveyed by trust deed, or his successor in interest for the limited purpose of the power of sale contained in this chapter upon the occurrence of certain contingencies set forth in such trust deed, and the obligation to reconvey the deed of trust pursuant to section 45-1514, Idaho Code. All other incidents of ownership of such real property shall remain with the grantor. For the purpose of section 45-1506(2)(c), Idaho Code, a trustee is not a party requiring notice of sale.
(5) "Real property" means any right, title, interest and claim in and to real property owned by the grantor at the date of execution of the deed of trust or acquired thereafter by said grantor or his successors in interest. Provided, nevertheless, real property as so defined which may be transferred in trust under this act shall be limited to: (a) any real property located within an incorporated city or village at the time of the transfer; (b) any real property not exceeding eighty (80) acres, regardless of its location, provided that such real property is not principally used for the agricultural production of crops, livestock, dairy or aquatic goods; or (c) any real property not exceeding forty (40) acres regardless of its use or location.
(6) The trustee shall be entitled to a reasonable charge for duties or services performed pursuant to the trust deed and this chapter, including compensation for reconveyance services notwithstanding any provision of a deed of trust prohibiting payment of a reconveyance fee by the grantor or beneficiary, or any provision of a deed of trust which limits or otherwise restricts the amount of a reconveyance fee to be charged and collected by the trustee. A trustee shall be entitled to refuse to reconvey a deed of trust until the trustee's reconveyance fees and recording costs for recording the reconveyance instruments are paid in full. The trustee shall not be entitled to a foreclosure fee in the event of judicial foreclosure or work done prior to the recording of a notice of default. If the default is cured prior to the time of the last newspaper publication of the notice of sale, the trustee shall be paid a reasonable fee.
45-1504. TRUSTEE OF TRUST DEED --- WHO MAY SERVE --- SUCCESSORS.
(1) The trustee of a trust deed under this act shall be:
(a) Any member of the Idaho state bar;
(b) Any bank or savings and loan association authorized to do business under the laws of Idaho or the United States;
(c) An authorized trust institution having a charter under chapter 32, title 26, Idaho Code, or any corporation authorized to conduct a trust business under the laws of the United States; or
(d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho.
(2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.
Idaho Code 45-1003 -- Acknowledgment and Recordation Mortgages, and deeds of trust or transfers in trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect as grants and conveyances thereof.
For use in Idaho only.
Important: Your property must be located in Butte County to use these forms. Documents should be recorded at the office below.
This Deed of Trust meets all recording requirements specific to Butte County.
Our Promise
The documents you receive here will meet, or exceed, the Butte County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Butte County Deed of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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