DECLARATION OF TRUST OF REAL ESTATE TO SECURE PERFORMANCE OF A BAIL BOND STATE OF MARYLAND,
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The undersigned [ ] Defendant, [ ] Surety, |
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The undersigned [ ] Defendant, [ ] Surety, |
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of |
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(Name) |
(Address) |
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in order to secure the performance of the bail bond annexed hereto, being first sworn (or, if Surety is a corporation, its undersigned officer being first sworn), acknowledges and declares under oath as follows: |
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That the undersigned is the sole owner of [ ] a fee simple absolute, or [ ] a leasehold subject to an annual ground rent of $………., in certain land and premises situate in ………………………(County) Maryland and described as |
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(County) |
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(lot, block, and subdivision or other legal description) |
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That the undersigned is competent to execute a conveyance of said land and premises; and
That the undersigned hereby holds the same in trust to the use and subject to the demand of the State of Maryland as collateral security for the performance of that bond;
That the property is assessed for $ …… x.8 = $ …… from which the following encumbrances should be deducted:
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Ground rent capitalized at %* |
$ |
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Mortgages/Deeds of Trust totaling |
$ |
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Federal/State Tax Liens |
$ |
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Mechanics Liens |
$ |
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Judgment & Other Liens |
$ |
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Other outstanding Bail Bonds |
$ |
$ |
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Total Encumbrances |
$ |
$ |
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and that the present net equity in the property is |
$ |
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* The capitalization rates for ground leases are: (1) 4% for leases executed from April 9, 1884 to April 5, 1888, inclusive; (2) 12% for leases created after July 1, 1982; and (3) 6% for leases created at any other time. See Code, Real Property Article, ยง 8-110. |
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That, if the undersigned is a body corporate, this Declaration of Trust is its act and deed and that its undersigned officer is fully authorized to execute this Declaration of Trust on its behalf.
And the undersigned further declares, covenants, and undertakes not to sell, transfer, convey, assign, or encumber the land and premises or any interest therein, so long as the bail bond hereby secured remains undischarged and in full force and effect, without the consent of the court in which the bail bond is filed, it being understood that upon discharge of the bail bond the clerk of the court will execute a release in writing endorsed on the foot of this document (or by a separate Deed of Release), which may be recorded in the same manner and with like effect of a release of mortgage if this Declaration of Trust is recorded among the Land Records.
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………………..(Seal) |
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(Defendant) |
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or |
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………………..(Seal) |
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(Surety) |
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by …………….. |
SWORN to, signed, sealed, and acknowledged before me this
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…………………. day of |
, |
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(month) |
(year) |
Commissioner/Clerk/Judge
of the ………. Court
for ………. County/City
HISTORICAL NOTES
2000 Orders
The May 9, 2000, order deleted the prefix “19 in the year.
2001 Orders
The November 1, 2001, order, in the fifth paragraph of the Declaration form, substituted “.8 for “2.
2003 Orders
The November 12, 2003, order amended the form to add the statutory capitalization rates for ground leases; and made a stylistic change.