A Deed of Trust Loan Agreement is commonly used when parties wish to combine lending arrangements with trust structures under English and Welsh law. This arrangement is particularly useful in situations requiring additional security or complex asset management structures. The document typically includes detailed provisions about loan terms, trust arrangements, security measures, and the powers and duties of trustees. It's especially relevant in private wealth management, family lending arrangements, and structured finance transactions where trust arrangements provide additional security or tax efficiency. The agreement must comply with both trust law principles and lending regulations in England and Wales.
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1. Parties: Identification of the lender, borrower, and trustees
2. Background: Context of the loan and trust arrangement
3. Definitions: Key terms used throughout the agreement
4. Trust Declaration: Formal declaration of trust and its purpose
5. Loan Terms: Amount, interest rate, repayment terms
6. Trustees' Powers and Duties: Scope of trustees' authority and responsibilities
7. Security: Details of any security provided for the loan
8. Default Provisions: Consequences of default and remedies
9. Execution: Signature blocks and attestation
1. Additional Borrower Covenants: Extra promises by borrower - used for complex commercial arrangements
2. Guarantee Provisions: Terms of any guarantee - used when loan is guaranteed by third party
3. Tax Provisions: Treatment of tax implications - used for larger commercial loans
4. Assignment Provisions: Rules for transferring rights - used when transfer rights are important
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule
2. Schedule 2 - Security Details: Description of any assets provided as security
3. Schedule 3 - Trust Property: Details of property held in trust
4. Appendix A - Form of Notice: Standard form notices for various situations
5. Appendix B - Payment Mechanics: Detailed payment procedures and bank details
Relevant legal definitions
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