The All Inclusive Trust Deed (AITD) serves as a crucial financing tool in real estate transactions where existing loans need to be maintained while creating new financing. It's particularly useful in seller-financing situations where the property has an existing mortgage that cannot be paid off. The AITD wraps around existing loans, allowing the seller to receive payments from the buyer while continuing to pay the underlying loans. This arrangement is common in U.S. jurisdictions that recognize trust deeds, providing flexibility in real estate financing while maintaining security for all parties involved.
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1. Parties: Identifies trustor, trustee, and beneficiary
2. Background: Explains the context and purpose of the trust deed
3. Definitions: Key terms used throughout the document
4. Property Description: Legal description of the secured property
5. Payment Terms: Details of payment schedule, amounts, and interest rates
6. Security Interest: Declaration of the security interest in the property
7. Default Provisions: Conditions constituting default and remedies
1. Insurance Requirements: Optional section detailing property insurance obligations and requirements
2. Assignment Rights: Optional section specifying rights and conditions for assigning the trust deed
3. Due on Sale Clause: Optional section providing for acceleration of debt upon property sale
1. Schedule A - Property Description: Detailed legal description of the property including metes and bounds or lot description
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment amounts, dates, and interest calculations
3. Schedule C - Underlying Obligations: Details of wrapped underlying loans including terms and conditions
4. Appendix 1 - Required Notices: State-specific required notices and disclosures for trust deed transactions
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