16d • General discussion
A Land Lien
Submitted by:
A Utah-domiciled Private Express Trust (Unincorporated; Non-Statutory)
Settled under: Utah Constitution Art. I §1, U.S. Constitution Art. IV §4, and maxims of equity.
Lender / Recipient:
(“Uphold Bank,” Private Lender, or Trust-Compatible Financial Institution)
Purpose:
To secure long-term capital for restoration, conservation, and productive development of Utah ancestral lands, held in private trust for beneficiaries and future generations.
1. Trust Overview
Trust Name: Native Utahn Land Trust
Date of Settlement: ___________________
Trust Domicile: Utah Territory, private common law jurisdiction
Trust EIN: ___________________
Type: Private Express Trust (Non-Grantor / Irrevocable unless otherwise stated)
Corpus (Initial Trust Assets):
- Utah real property parcels (Schedule A)
- Water, mineral, and grazing rights, appraised (Schedule B)
- Cultural / conservation easements
- Trust ledger assets (crypto, specie, or lawful money)
Governing Principles:
- “Equity will not suffer a wrong without a remedy.”
- “A trust shall not fail for want of a trustee.”
- Trustees act solely for the benefit of beneficiaries.
- Trust operates in a private ecclesiastical/equitable forum.
2. Loan Summary
Requested Loan Amount: $_________________
Term: Fifty (50) years
Payment Schedule: Interest-only beginning Year 3, full amortization Years 3–50
Initial Payment Delay (Moratorium): 24 months (see Rider)
Collateral: Trust real property, revenue rights, and mortgage bond issued under trust seal
Security Instrument: 50-Year Trump Mortgage™ (Private Trust Mortgage Bond)
Guarantees: Limited to the corpus of the trust; beneficiaries not personally liable
Use of Funds:
- Conservation improvements
- Irrigation and water security
- Land acquisition
- Trust development projects (Schedule C)
3. Acknowledgment & Consent
The undersigned Trustee(s) affirm the information is true, complete, and made in good faith pursuant to the trust indenture.
__________________________________
Trustee Signature
__________________________________
Co-Trustee (if any)
Date: ____________________
II. 50-YEAR “TRUMP MORTGAGE™” — PRIVATE TRUST MORTGAGE BOND
(This is the key integration. It is drafted as a hybrid of a mortgage, a trust bond, and a private credit instrument.)
Instrument Title:
TRUMP-MORTGAGE TRUST BOND™ – Series UT-50
Issuing Entity: Native Utahn Land Trust
Bond Number: __________________
Issue Date: __________________
Maturity Date: 50 years from Issue Date
Face Value: $__________________
Consideration: Trust receives principal sum from lender; lender receives secured, assignable bond.
1. Grant and Mortgage
For value received, the Trust hereby mortgages, assigns, pledges, and hypothecates the trust’s real property described in Schedule A to secure repayment of the Bond.
This instrument is executed consistent with:
- UCC Article 9 (secured transactions)
- Utah Code Title 57 (property)
- Common-law mortgage principles
- Trust indemnity powers
2. Interest & Payments
- Years 1–2: No payments due (per 2-Year Moratorium Rider).
- Years 3–50: Interest-only or amortized payments as agreed.
- Interest Rate: __________________ (fixed or adjustable)
3. Default & Cure
- Lender must provide written Notice of Default and allow 90 days to cure.
- Trust reserves right to cure via tender, lawful offset, or refinancing.
4. Non-Recourse Status
The Trust corpus is the sole collateral. Beneficiaries incur no personal liability.
5. Recording
This mortgage may be recorded publicly or held privately in lender’s vault.
Executed under Seal:
Trustee
Co-Trustee
III. 2-YEAR PAYMENT MORATORIUM RIDER
Rider No. 1 to the Trump-Mortgage Trust Bond™
This rider modifies the Bond as follows:
- No payments due for the first 24 months after the Issue Date.
- No interest accrues during the moratorium unless explicitly stated.
- Moratorium is binding on any transferee of the bond.
This rider is incorporated into the Bond and supersedes any conflicting clauses.
Trustee
Date: __________
IV. AFFIDAVIT OF TRUSTEE AUTHORITY
State of Utah )
County of __________ )
I, ______________________, Trustee of the Native Utahn Land Trust, hereby declare:
- I am duly appointed and acting Trustee.
- I possess full authority under the Trust Indenture to borrow, mortgage trust property, issue trust bonds, and enter into long-term financing agreements.
- All actions herein are taken in good faith for the benefit of the beneficiaries.
Subscribed and sworn before me this _____ day of ______, 20.
Notary Public
V. EXHIBITS & SCHEDULES
- Schedule A — Property & Parcels
- Schedule B — Appraisals, water/mineral rights
- Schedule C — Use-of-Funds Plan
- Schedule D — Trustee Certification & Minutes
- Schedule E — Insurance Coverage
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A Land Lien
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