n3 Defendant's attorney inquired of Mr. Ross: "[Wouldn't] it have been just as easy to prepare a deed of trust on a form as an assignment of rents?" Mr. Ross answered: "No, it would not have been, simply because of the recording from the Tahoe Valley area into Placerville of the deed of trust with an amendment or new title policy showing our position if there had been a proper first deed of trust of record."

     This answer of Mr. Ross is inconsistent with his assertion that the assignment was intended to be a mortgage on defendant's property. If the bank requires the protection of a title policy before executing a trust deed, and prompt recording of the trust deed, logically the bank should impose the same conditions on execution of an instrument intended to serve the purpose of a trust deed.