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The Deed of Trust is used in Missouri.  Its purpose is to convey to the trustee the right to sell the subject property as a means to repay the amount owed by the borrower (grantor) to the lender (grantee) in the event that the grantor is in default as described in the note, loan, or deed of trust.  The trustee is appointed by the lender to act as a mediator in the event of a foreclosure sale.

The Assignment of Deed of Trust is used to grant, sell, assign, transfer, set over and convey the specified deed of trust along with the note, notes, debt, lien and all claims secured by said deed of trust and the covenants contained therein.  It is also a promise made by the (grantor) to the (grantee) that grantor is in fact the legal owner of the deed of trust and that it has not been adversely altered.

The Notice of Intended Sale (NOIS) is used in Missouri (it is not used in Kansas).  It was made law in MO in 2010.  Anyone who purchases residential real estate and intends to repair and resell, must record a signed and notarized NOIS with the county recorder at least 45 days before the resale.  It protects contractors from predatory developers who would sell the property before paying their bills.

The Mortgage is used in Kansas.  The primary difference between it and a deed of trust is the lack of a trustee.  The mortgage conveys along with all other rights, the right to sell the subject property in the event of a default by the borrower (mortgagor) as described in the note, loan or mortgage.  In the event of default, a foreclosure suit will be filed and heard in court.

The Assignment of Mortgage sells, assigns, transfers, sets over, and conveys the specified mortgage along with the note, debt and claim secured by said mortgage and the covenants contained Therein.

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