James Agbo

BSA 2
Credit Transactions

1. Is a contract by virtue of which the debtor delivers to the creditor or to a third person a
movable, or instrument evidencing incorporeal rights for the purpose of securing the
fulfillment of the principal obligation with the understanding that when the obligation is
fulfilled, the thing delivered shall be returned with all its fruits and accessions.
a. Pledge
b. Mortgage
c. Antichresis
d. Chattel Mortgage

2. The following are essential requisites to the contract of pledge, except.

a. That they be constituted to secure the fulfillment of a principal obligation
b. That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged
c. The pledgor or mortgagor can appropriate the object of pledge or mortgage upon
default.
d. That the persons constituting the pledge or mortgage have the free disposal of their
property and in the absence thereof, that they be legally authorized for the purpose

3. These are characteristics of a contract of pledge, except:

a. Real
b. Accessory
c. Unilateral
d. Consensual
4. A kind of pledge wherein it is created by operation of law.
a. Voluntary
b. Legal
c. Judicial
d. Temporary

5. A kind of pledge created by agreement of the parties.

a. Voluntary
b. Legal
c. Judicial
d. Temporary

6. Can the creditor appropriate the thing pledge?

a. Yes
b. No

7. The creditor is given the right to retain the property being pledged until the debt is paid.
a. Contract of sale
b. Contract of pledge
c. Contract to sell
d. None of the above

8. For a contract of pledge to be valid, it is necessary that.

a. Constituted to secure fulfillment
b. Pledger be an absolute owner of the thing
c. Pledger has free disposal of the property
 d. All of the above
9. Evidenced by negotiable instruments, bill of lading etc.
a. Corporeal rights
b. Incorporeal rights
c. Real rights
d. Property rights

10. Does pledge must appear in public document?

a. Yes
b. No

11. If it appears in public instrument, what is the effect as to third person?

a. Valid
b. Void
c. Voidable
d. Enforceable

12. Can the thing pledged may be alienated?

a. Yes
b. No
c. Yes, if there is consent
d. No, as a general rule

13. Is there a right of the creditor to retain the possession until the debt is paid?
a. Yes
b. No

14. Can the pledgee deposit the thing as to third person?

a. Yes, of course
b. No, as a general rule
c. Yes, can be if there is a stipulation to do so
d. No, there must be a consent

15. Which of the following is the right of the pledger to ask the thing be deposited
a. If the creditor uses the thing without authority
b. If the creditor misuse the thing in other way.
c. Either a or b
d. Neither a or b

16. Prescriptive period for a written contract to demand the return of the thing
a. 5 years
b. 10 years
c. 15 years
d. 20 years
17. If it is oral?
a. 3 years
b. 4 years
c. 5 years
d. 6 years

18. What is the remedy of the pledger if without fault of the pledgee, there is danger,
destruction, impairment or diminution of the thing pledge?
a. He may demand the return of the thing upon offering another in pledge
b. He may cause the same to be sold at public sale
c. All of the above
d. None of the above

19. What is the remedy of the pledgor if without fault of the pledgee, there is danger,
destruction, impairment or diminution of the thing pledge?
a. He may demand the return of the thing upon offering another in pledge
b. He may cause the same to be sold at public sale
c. All of the above
d. None of the above

20. What if the pledgee is deceived on the quality of the thing pledged, what is his remedy?
a. May claim another thing in his stead
b. Demand immediate payment
c. All of the above
d. None of the above

21. Which of the following statements is true?

a. Any stipulation in a contract of pledge authorizing the pledge to sell the thing pledged if
the pledgor cannot pay is void.
b. In mortgage, the mortgagee is entitled to the entire proceeds of the sale of the thing
mortgaged.
c. In mortgage and in pacto de retro sale, the title to the property which is the subject matter
of the contract is transferred to the other party.
d. Real estate mortgage is an accessory contract.

22. In real estate mortgage, the mortgagor can sell the property mortgaged

A. Only if with the oral consent of the mortgagee

B. Only if with the written consent of the mortgagee
C. If not prohibited to sell
D. Even without the consent of the mortgagee

23. Elements of contracts of pledge and mortgage, except

A. Pledgor or mortgagor must be the absolute owner

B. Pledgor or mortgagor must have the free disposal of the thing pledged.
C. The thing pledged or mortgaged may be appropriated if the debtor cannot pay.
D. Pledge and mortgage are accessory contracts
24. A borrowed P100,000 from B with A’s ring given to B by way of pledge. It was
stipulated that in case of non-payment on due date, the ring would belong to B. This for
feature is

A. Caveat emptor
B. Dacion en pago
C. Pactum comisorio
D. Pacto de retro

25. .A borrowed P100,000 from B, and as a security A pledged his ring to B. After the
obligation falls due, A goes to b relinquishing ownership of the ring in favor of B. This is

A. Caveat emptor
B. Dacion en pago
C. Pactum comisorio
D. Pacto de retro

26. A borrowed P30,000 from B, and as security, he pledged his ring, pair of earrings and
necklace. On due date, A paid P20,000. As a result,

A. A can demand the return of one (1) of the things pledged

B. A can demand the return of any two (2) of the things pledged
C. A can demand the return of the ring
D. A cannot demand the return of any of the things pledged

27. A mortgaged his residential land to B as a guarantee for the payment of P400,000
obligations to B. They agreed that A should not sell the land while the obligation exists.
Before the maturity of the mortgage, C offered to buy the land from A. Which is correct?

A. A cannot sell the land to C because of the agreement not to sell

B. A can sell the land to C only if B consents in writing
C. A can sell the land to C despite the agreement not to sell
D. A cannot sell the land to C unless A pays the obligation

28. S, minor of 16 years old, sold her bracelet to B for P8,000. Later, B, needing money to
pay
her daughter’s tuition fee, borrowed P15,000 from C and as a security, pledged the bracelet
to the latter. B failed to pay C resulting into auction sale of the bracelet in favor of D for
P10,000 only. Which of the following statements is correct?

A. The title of B over the bracelet is not valid, hence the pledge, as well as the sale of said
bracelet is likewise defective. The pledgor must be the owner of the thing pledged.
B. The deficiency of P5,000 may still be recovered by C from B if there is a stipulation to
this effect.
C. C can no longer recover the deficiency of P5,000 from B. The pledge together with
the sale is valid. The voidable title of B is valid because it is not yet annulled.
D. If D was a purchaser in bad faith as he knew of the defective title of B over the bracelet
from S, ownership will not pass to him (D).

29. In the preceding number, assuming what was executed by B in favor of C was valid
chattel
mortgage which was eventually foreclosed and the bracelet was old to D at the public
auction for the same amount, which statement is correct?

A. The title of B over the bracelet is not valid, hence the chattel mortgage, as well as the sale
of said bracelet is likewise defective. The mortgagor must be the owner of the thing
mortgaged.
B. The deficiency of P5,000 may still be recovered by C from B
C. C can no longer recover the deficiency of P5,000 from B as the mortgage, together with
the foreclosure sale, was valid. The title of B was still valid.
D. If D was a purchaser in bad faith as he knew of the defective title of B over the bracelet,
ownership will not pass to him (D).

30. S sold to b a specific car for P200,000 payable in four equal installments. S delivered
the car
to B but required B to mortgage it back to S to answer for the unpaid installments. B paid the
1st and 2nd installments but he failed to pay the balance. S foreclosed the mortgaged property
and sold it at public auction for P80,000. As a result,

A. S can recover from B the balance of P20,000

B. S can recover from B the balance of P20,000 if there is stipulation to that effect.
C. S cannot recover the deficiency any more even if there is stipulation to that effect
D. S cannot recover the deficiency except if there is stipulation.

31. I. The creditor cannot appropriate the things given by way of pledge or mortgage, or
dispose of them, except if there is a stipulation to the contrary.

II. The indivisibility of a pledge or mortgage is affected by the fact that the debtors are
solidarily liable.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

32. I. A pledge or mortgage is indivisible, except if the debt may be divided among the
successors in interest of the debtor or of the creditor.

II. In case of pledge of animals, their offspring shall pertain to the pledge of the animals.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

33. I. The creditor can use the thing pledged even without the authority of the pledgor.

II. If through the negligence or willful act of the pledge, the thing pledge is in danger of
being lost or impaired, the pledge may cause the same to be sold at a public auction.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

34. I. If the thing pledged is returned by the pledge to the pledgor or owner, the pledged is
extinguished, except if there is stipulation to the contrary.

II. If subsequent to the perfection of the pledge, the thing is in the possession of the pledgor
or owner there is a conclusive presumption that the same has been returned by the pledge.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
 C. Both statements are true.
D. Both statements are false.

35. I. A statement in writing by the pledge that he renounces or abandons the pledge is
sufficient to extinguish the pledge only if accepted by the pledgor or owner and the thing
pledged is returned.

II. At the public auction, the pledge may also bid and his ofer shall be valid even if he is the
only bidder.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

36. I. The sale of the thing pledged shall extinguish the principal obligation provided the
proceeds of the sale are equal to the amount of the principal obligation.

II. If the price of the sale is more than the amount of the obligation, the debtor shall be
entitled to the excess, unless it is otherwise agreed.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

37. I. If the price of the sale is less than the amount of the obligation the creditor shall not be
entitled to recover the deficiency except if there is a stipulation to the contrary.

II. If two or more things are pledged, the pledgor may choose which he will cause to be sold,
unless there is a stipulation to the contrary.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

38. I. A pledge shall not take effect against third person if a description of the thing pledged and
the date of the pledge do not appear in a public instrument.

II. If after the auction sale, the thing pledged is not sold, the pledge can appropriate the thing
pledged.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

39.. I. Z pledged his ring to B for P20,000. Z failed to pay his obligation on time. B sold the
ring
at a public auction for P16,000. B cannot recover P4,000 from Z even if there is
stipulation.

II. Using the same facts, if the proceeds of sale is P24,000, Z can recover the excess of
P4,000 if stipulated.
 A. First statement is true, second statement is false.
B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

40. I. In sale at public auction, the pledgor or owner may be abider and shall have a better right
if he should offer the same terms as the highest bidder.

II. Pledge is a real contract.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

41. I. A stipulation prohibiting the owner from alienating the immovable mortgaged shall be
void.

II. The equity of redemption refers to the right of the mortgagor to redeem the mortgaged
property within a certain period of time after it was sold to third person.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

42. I. The right of redemption refers to the right of the mortgagor to redeem the mortgaged
property after his default in payment but before the sale.

II. The registration in the Registry of Property is necessary for the validity of a contract of
real estate mortgage.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

43. I. Except in case of sale of personal property in installments, if the proceeds of the sale is
less than the principal obligation, the creditor-mortgagee can recover the deficiency.

II. A borrowed P100,000 from B payable in 10 equal monthly installments. To secure

payment of the loan, A executed chattel mortgage on his Mercedes Benz car. If A
violates the condition of the mortgage, and the car was foreclosed and sold at a public
auction but the proceeds is less than the collectible amount, B cannot recover the
deficiency.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

44. I. In real estate mortgage the mortgagor can sell the property mortgage even without the
consent of the mortgagee.

II. In chattel mortgage, the mortgagor cannot sell the thing mortgage even with the written
consent of the mortgagee appearing at the back of the mortgage.
 A. First statement is true, second statement is false.
B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

45.. I. Chattel mortgage like pledge is a real contract.

II. In chattel mortgage like pledge the possession of the thing mortgaged is vested in the
creditor.

A. First statement is true, second statement is false.

B. First statement is false, second statement is true.
C. Both statements are true.
D. Both statements are false.

46. 1. X borrowed money from Y and gave a piece of land as security by way of mortgage. It was
agreed between the parties that upon nonpayment of the loan, the land would already belong to Y.
If X failed to pay the debt, would Y now become the owner of the land?

a. Y would become the owner because it was agreed upon by them based on the principle of
autonomy of contracts.
b. Y would not become the owner because the agreement that he would become the owner
upon default of X is against the law.
c. Y would now become the owner but with right of redemption by X.
d. Y would not become the owner if X annuls the voidable agreement.

47. Not an essential requisite of real estate mortgage:

a. Mortgagee should have free disposal of the property mortgaged, and in the absence
thereof, he should be legally authorized for the purpose.
b. Subject matter of a contract must be immovable property or alienable real rights upon
immovables.
c. Mortgagor is the absolute owner of the property mortgaged.
d. Constituted to secure the performance of the principal obligation.

48. A contract by virtue of which personal property is recorded in the Chattel Mortgage Register
as a security for the performance of an obligation.

a. Pledge
b. Real Mortgage
c. Antichresis
d. Chattel Mortgage

49. Chattel is distinguished from pledge.

a. The excess over the amount due after foreclosure goes to the debtor.
b. The sale of the object in an auction distinguishes the obligation.
c. The delivery of the personal property is necessity.
d. The registration of the property in the Registry of Property is necessary.

50. Which of the following is not correct?

a. If the thing pledged will be returned by the pledgee, the contract of pledge is extinguished.
b. Any stipulation allowing the pledgee or mortgagee to appropriate the thing pledged or
mortgaged is void.
c. In case the creditor foreclosed the chattel mortgage, he cannot recover any deficiency in
case the proceeds of the foreclosure sale are less than the unpaid obligation.
d. A public document containing a clear and complete description of the property mortgaged must
be registered in the Chattel Mortgage Register, otherwise, the mortgage is not void.

51. A stipulation whereby the pledgee or mortgagee automatically becomes the owner of the thing
pledged or mortgaged.

a. Pactum commissorium
b. Consolidation of ownership
c. Conventional redemption
d. Consignation

52. Which of the following statements is true and correct?

a. Pledge and mortgage are accessory contracts because they cannot exist by themselves.
b. In both pledge and mortgage, the creditor is entitled to deficiency judgment.
c. Where an obligation is secured by a pledge or mortgage and it is not paid when due, the pledgee
or mortgagee may dispose of the thing pledged or mortgaged if there is an agreement to that effect
between the parties.
d. Unless otherwise agreed upon by the parties, the sale of the mortgaged property extinguishes in
full the obligation of the mortgagor to the mortgagee.

53. The price stipulated by the parties to a mortgage contract below which the property shall not
be sold at public auction.

a. Market price
b. Current price
c. "Tipo" or Upset price
d. Selling price

54. The written abandonment of the pledge produces which the of the following effects?

a. The principal obligation is extinguished.

b. The pledge remains unless the thing pledged is returned.
c. The pledge remains unless the debtor/pledgor has accepted abandonment in writing.
d. The pledgee becomes a depositary until he gives back the possession of the thing pledged
to the debtor/pledgor.

55. A sworn statement attesting to the fact that the chattel mortgage is made for the purpose of
securing the obligation specified in the conditions thereof, and for no other purpose, and that the
obligation is just and valid, and one not entered into for the purpose of fraud.

a. Affidavit of good moral character

b. Affidavit of merit
c. Affidavit of good faith
d. Affidavit of trust
56. It is a contract whereby the debtor secures to the creditor the fulfillment of a principal
obligation, specially subjecting to such security immovable property or real rights over
immovable property in case the principal obligation is not complied with at the time stipulated.
A. Real mortgage
B. Pledge
C. Chattel mortgage
D. Antichresis

57. The subject matter of a contract of real mortgage

a. Movable
b. Immovable
c. Alienable real rights
d. Immovable and alienable real rights

58. The following are characteristics of a contract of pledge except

a. Real
b. Accessory
c. Unilateral
d. Consensual

59. One which, although it lacks the proper formalities of a mortgage shows the intention of
the parties to make the property as a security for a debt
a. voluntary
b. legal
c. judicial
d. equitable
60. the contract of pledge must be recorded in the registry of property
a. true
b. false

61. a mortgagee has a right to rely to rely on good faith on the certificate of title of the
mortgagor. He has no obligation to undertake further investigation
a. doctrine of mortgagee in good faith
b. doctrine of mortgagor in good faith
c. doctrine of good faith
d. pacto possesorium

62. is mortgage credit may be alienated or assigned to a third person with the formalities
required by law?
a. Yes
b. No

63. Which of the following is one of the effects of mortgage.

a. Creates a personal right
b. Creates encumbrances
c. Appropriation of the thing
d. None of the above

64. The following are the extent of mortgage, except.

a. Natural accessions
b. Accessories
c. Growing fruits
 d. Principal object

65. I. The mortgage on the land includes present and future houses thereon, unless the houses
are exempted by express stipulation.
II. The ownership of such accessions and improvements belongs to the mortgagor who is
the owner of the principal.
a. Statement I is correct
b. Statement II is correct
c. Both statements are correct
d. Both statements are wrong.

66. Can the creditor claim form a third person in possession of the mortgaged property the
payment of the credit secured by the property?
a. Yes
b. No

67. A stipulation forbidding the owner from alienating immovable property shall be?
a. Valid
b. Void
c. Voidable
d. Enforceable

68. It is a remedy available for mortgagee by which he subjects the property to the
satisfaction of thee obligation.
a. Payment
b. Foreclosure
c. Bankruptcy
d. None of the above

69. When to foreclose?

a. When principal obligation is not paid
b. When there is no violation of the debtor as to the terms and conditions
c. When the creditor sold the property
d. All of the above

70. Who can foreclose?

a. mortgagor
b. mortgagee
c. Third person
d. Anyone

71. A foreclosure in which is based on personal claim against specific property of the
mortgagor.
a. Judicial
b. Extrajudicial
c. Parliamentary
d. None of the above

72. A foreclosure in which mortgagee is given special power of attorney to sell the property.
 a. Judicial
b. Extrajudicial
c. Parliamentary
d. None of the above

73. When there is right to redeem, inadequacy of price is?

a. Material
b. Immaterial
c. Unenforceable
d. Valid

74. the following rule is an exception to doctrine of motgagee in good faith

a. purchaser or mortgagee has knowledge of a defect or lack of title
b. mortgagee does not directly deal with the registered owner of the property
c. mortagee bank
d. all of the above

75. effect of mortgage

a. it creates a real right right
b. creates merely an encumbrance
c. both
d. none

76. the contract of mortgage extends to all its accessions, improvements, growing fruits and
rents or income
a. true
b. false
c. somewhat true
d. somewhat false

77. the mortgage credit cannot be alienated or assigned to a third person.

a. True
b. False
c. Somewhat true
d. Somewhat false

78. The creditor may claim from a third person payment of the part of the credit secured by the
property which said third person possesses
a. True
b. False
c. Somewhat true
d. Somewhat false

79. A stipulation forbidding the owner from alienating the immovable mortages is
a. Valid
b. Rescissible
c. Void
d. Unenforceable

80. It is the remedy available to the mortgagee by which he subjects the mortgaged property to
the satisfaction of the obligation.
 a. Foreclosure
b. Reformation
c. Redemption
d. Restitution

81. Type of foreclosure wherein the action is to be brought in the court

a. Judicial
b. Extrajudicial
c. Both
d. None

82. A contract where the creditor acquires the right to receive the fruits of an immovable of his
debtor.
a. Antichresis
b. Real mortgage
c. Chattel mortgage
d. Pledge
83. Characteristics are listed below except
a. Accessory
b. Formal
c. Real
d. None

84. Not an essential requisite of real estate mortgage:

a. Mortgagee should have free disposal of the property mortgaged, and in the absence
thereof, he should be legally authorized for the purpose.
b. Subject matter of a contract must be immovable property or alienable real rights upon
immovables.
c. Mortgagor is the absolute owner of the property mortgaged.
d. Constituted to secure the performance of the principal obligation.

85. . A contract by virtue of which personal property is recorded in the Chattel Mortgage
Register as a security for the performance of an obligation.

a. Pledge
b. Real Mortgage
c. Antichresis
d. Chattel Mortgage

86. . Chattel is distinguished from pledge.

a. The excess over the amount due after foreclosure goes to the debtor.
b. The sale of the object in an auction distinguishes the obligation.
c. The delivery of the personal property is necessity.
d. The registration of the property in the Registry of Property is necessary.

87. laws governing chattel mortgage

a. chattel mortgage law
b. civil code
c. revised penal code
d. all of the above
88. When the condition of a chattel mortage is broken, who can redeem?

a. Mortgagor
b. Person holding a subsequent mortgage
c. Subsequent attaching creditor
d. All of the above

89. if the chattel mortgage is constituted for the purchase of personal property payable In
installments, no deficiency judgement can be asked and any agreement to the contrary shall be
void

a. True
b. False
c. Somewhat true
d. Somewhat false

90. subject matter of a chattel mortgage

a. Personal
b. Immovable
c. None
d. All

91. it is a contract by virtue of which personal property is recorded in the chattel mortgage register
as a security for the performance of an obligation.

a. Pledge
b. Antichresis
c. Real mortgage
d. Chattel mortgage

92. The creditor acquires right to receive the fruits of an immovable of his debtor, with
obligation to apply them to the payment of interest.
a. Pledge
b. Mortgage
c. Antichresis
d. Chattel mortgage

93. . A contract by virtue of which personal property is recorded in the Chattel Mortgage
Register as a security for the performance of an obligation.

a. Pledge
b. Real Mortgage
c. Antichresis
d. Chattel Mortgage

94. Chattel is distinguished from pledge.

a. The excess over the amount due after foreclosure goes to the debtor.
b. The sale of the object in an auction distinguishes the obligation.
c. The delivery of the personal property is necessity.
d. The registration of the property in the Registry of Property is necessary.
95. Which of the following is not correct?

a. If the thing pledged will be returned by the pledgee, the contract of pledge is extinguished.
b. Any stipulation allowing the pledgee or mortgagee to appropriate the thing pledged or
mortgaged is void.
c. In case the creditor foreclosed the chattel mortgage, he cannot recover any deficiency in
case the proceeds of the foreclosure sale are less than the unpaid obligation.
d. A public document containing a clear and complete description of the property mortgaged must
be registered in the Chattel Mortgage Register, otherwise, the mortgage is not void.

96. A stipulation whereby the pledgee or mortgagee automatically becomes the owner of the thing
pledged or mortgaged.

a. Pactum commissorium
b. Consolidation of ownership
c. Conventional redemption
d. Consignation

97. Which of the following statements is true and correct?

a. Pledge and mortgage are accessory contracts because they cannot exist by themselves.
b. In both pledge and mortgage, the creditor is entitled to deficiency judgment.
c. Where an obligation is secured by a pledge or mortgage and it is not paid when due, the pledgee
or mortgagee may dispose of the thing pledged or mortgaged if there is an agreement to that effect
between the parties.
d. Unless otherwise agreed upon by the parties, the sale of the mortgaged property extinguishes in
full the obligation of the mortgagor to the mortgagee.

98. The price stipulated by the parties to a mortgage contract below which the property shall not
be sold at public auction.

a. Market price
b. Current price
c. "Tipo" or Upset price
d. Selling price

99. The written abandonment of the pledge produces which the of the following effects?

a. The principal obligation is extinguished.

b. The pledge remains unless the thing pledged is returned.
c. The pledge remains unless the debtor/pledgor has accepted abandonment in writing.
d. The pledgee becomes a depositary until he gives back the possession of the thing pledged
to the debtor/pledgor.

100. A sworn statement attesting to the fact that the chattel mortgage is made for the purpose of
securing the obligation specified in the conditions thereof, and for no other purpose, and that the
obligation is just and valid, and one not entered into for the purpose of fraud.

a. Affidavit of good moral character

b. Affidavit of merit
c. Affidavit of good faith
d. Affidavit of trust