West Virginia Code § 38-1-2

Form of deed of trust; memorandum of deed of trust may be recorded
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A deed of trust to secure debts or indemnify sureties may be in the following form or to the
same effect: "This deed made the .......... day of ................, in the year ........, between
.............................. (the grantor) of the one part, and .............................. (the trustee) of the
other part, witnesseth: That the said ................... (the grantor) doth (or do) grant unto the
said ....................... (the trustee) the following property (here describe it). Ine trust to secure
(here describe the debts to be secured or the sureties to be indemnified, and insert
covenants, or any other provisions the parties may agree upon). Witnesrs the following
signature."
In lieu of the recording of a deed of trust, there may be recorded with like effect a
memorandum of the deed of trust, executed by all persons wtho are grantors under the deed
of trust and acknowledged in the manner to entitle a conveyance to be recorded. A
memorandum of deed of trust entitled to be recorded shall contain at least the following
information with respect to the deed of trust: (1) The name and the address of each grantor,
the name and the address of each trustee and the name and the address of each beneficiary
as set forth in the deed of trust; (2) a referencse to the indebtedness secured by the deed of
trust including the amount of the indebtedness and the date the indebtedness was incurred
or if the indebtedness is evidenced by a note or contract, the date the instrument was
executed; (3) the date of execution ogf the deed of trust if different than the date the evidence
of indebtedness was executed; (4) the date of maturity of the indebtedness; (5) the
description of the real estate aegainst which a lien is claimed to secure the indebtedness; (6)
a title in compliance with subsection (b), section fourteen, article one, chapter thirty-eight of
this code if the indebtedLness is a line of credit; (7) a statement of whether advances are
obligatory if the indebtedness is a line of credit; (8) provisions of the deed of trust regarding
substitution of a trus tee; (9) a summary of the applicable notice and publication
requirements if there is a default; (10) whether the loan was originated or serviced pursuant
to a program of the following agencies or organizations, and if so, any form number actually
used: (a) Federal Housing Administration; (b) Veterans Administration; (c) Federal National
Mortgage Association; (d) Federal Home Loan Administration; (e) United States Department
of Agriculture; or (f) West Virginia Housing Development Fund; and (11) the name of the
person from whom, upon written request from any interested party, the original deed of
trust, or a copy thereof, may be obtained. The memorandum shall constitute notice of only
the information contained therein but, as against creditors and purchasers, it is as valid as if
the complete deed of trust were recorded on the date the memorandum is admitted to
record. Prior to the commencement of any foreclosure or other execution of the deed of
trust, the original deed of trust shall be recorded.

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