The Promissory Note Secured By Deed Of Trust is commonly used in Australian financing transactions where lenders require both a clear acknowledgment of debt and robust security arrangements. This document structure is particularly useful in situations requiring a trustee to hold security on behalf of the lender, offering additional protection and flexibility in enforcement. It combines the simplicity of a promissory note with the security benefits of a trust deed, making it suitable for both commercial and private lending arrangements. The document must comply with various Australian federal and state legislation, including the Bills of Exchange Act 1909, Personal Property Securities Act 2009, and state-specific trust and property laws. It's particularly valuable in scenarios involving multiple lenders, complex security arrangements, or when a trust structure offers tax or asset protection advantages.
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1. Parties: Identification of the maker (borrower), payee (lender), and trustee
2. Background: Context of the loan arrangement and security structure
3. Definitions: Key terms used throughout the document
4. Promise to Pay: Core promise to pay, including principal amount, interest rate, and payment terms
5. Security Interest: Creation and terms of the security interest, including property description
6. Trust Arrangements: Establishment of trust, trustee powers and duties
7. Interest Provisions: Detailed interest calculation methods, payment dates, and default interest
8. Payment Terms: Schedule of payments, payment methods, and prepayment provisions
9. Representations and Warranties: Statements of fact and promises by the maker regarding their capacity and the security property
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Rights and remedies of the payee and trustee upon default
12. Costs and Expenses: Allocation of costs, including enforcement expenses
13. General Provisions: Standard clauses including notices, amendments, and governing law
1. Guarantor Provisions: Include when there is a personal or corporate guarantor for the loan
2. Insurance Requirements: Include when specific insurance must be maintained on the security property
3. Cross-Collateralization: Include when the security property secures other obligations
4. Special Purpose Entity Provisions: Include when the maker is a special purpose entity
5. Secondary Security Arrangements: Include when there are multiple security interests or properties
6. PPSA Provisions: Include detailed PPSA provisions when security includes personal property
7. Consumer Credit Provisions: Include when the National Consumer Credit Protection Act applies
1. Payment Schedule: Detailed amortization schedule showing payment dates and amounts
2. Property Description: Legal description of the security property
3. Security Property Details: Specific details about the secured property including title references
4. Trustee Powers: Comprehensive list of trustee powers and authorities
5. Form of Notice: Templates for various notices required under the agreement
6. Insurance Requirements: Detailed specifications for required insurance coverage
7. Guarantor Documents: Forms and documents related to any guarantees
8. Registration Requirements: Details of security registration requirements and forms
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