Smith County Collateral Assignment of Note and Liens (Security Agreement) Form (Texas)

The following Texas and Smith County supplemental forms are included as a courtesy with your order:

When using these Collateral Assignment of Note and Liens (Security Agreement) forms, the subject real estate must be physically located in Smith County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Smith County include:

• Arp
• Bullard
• Flint
• Lindale
• Troup
• Tyler
• Whitehouse
• Winona

1. Borrower/Obligor 2. Debtor/Original Lender 3. Secured Party(SP)/3rd Party/New Lender

This form assigns the current Debtors/lenders security interest in a promissory note backed by a previously recorded Deed of Trust Lien, with all rights, titles, equities and interest securing the same as described in that certain Deed of Trust. This collateral is assigned to a Secured Party to protect a Security Agreement made between the Debtor and Secured Party. A collateral assignment is a pledge that the Debtor will pay the Secured Party as agreed. Debtor authorizes Secured Party, at Secured Party's option, to collect any and all sums becoming due upon the Collateral, such sums to be held by Secured Party without liability for interest thereon and applied toward the payment of the Obligations as and when the same becomes payable, and Secured Party shall have the full control of the Collateral and the Deed of Trust Lien securing the same until the Obligations are fully paid and shall have the further right to release the Deed of Trust Lien securing the Collateral upon the full and final payment to Secured Party.

Typically used by Private Lenders/Debtors to borrow money on a property that they financed by a Deed of Trust Lien and Promissory Note.

Sec. 9.102. DEFINITIONS AND INDEX OF DEFINITIONS. (a) In this chapter:
(12) "Collateral" means the property subject to a security interest or agricultural lien. The term includes:
(A) proceeds to which a security interest attaches;
(B) accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and
(C) goods that are the subject of a consignment.

(28) "Debtor" means:
(A) a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(B) a seller of accounts, chattel paper, payment intangibles, or promissory notes; or
(C) a consignee.

(66) "Promissory note" means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgement by a bank that the bank has received for deposit a sum of money or funds.

(73) "Secured party" means:
(A) a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
(B) a person that holds an agricultural lien;
(C) a consignor;
(D) a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;
(E) a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or
(F) a person that holds a security interest arising under Section 2.401, 2.505, 2.711(c), 2A.508(e), 4.210, or 5.118.

(74) "Security agreement" means an agreement that creates or provides for a security interest.

For use in Texas only.

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