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
Agreement
Applicable Law
Borrower
Business Day
Completion Date
Default
Default Interest Rate
Default Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Parties
Payment Date
Permitted Security
Related Rights
Repayment Date
Repayment Schedule
Security
Security Documents
Trust
Trust Assets
Trust Period
Trustees
Trust Property
Trust Powers
Trustee Act
Tax
Working Day
Applicable Law
Borrower
Business Day
Completion Date
Default
Default Interest Rate
Default Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Parties
Payment Date
Permitted Security
Related Rights
Repayment Date
Repayment Schedule
Security
Security Documents
Trust
Trust Assets
Trust Period
Trustees
Trust Property
Trust Powers
Trustee Act
Tax
Working Day
Clauses
Interpretation
Declaration of Trust
Appointment of Trustees
Loan Facility
Purpose
Drawdown
Interest
Repayment
Security
Representations and Warranties
Covenants
Trust Powers
Trustees' Duties
Events of Default
Remedies
Assignment and Transfer
Confidentiality
Notices
Costs and Expenses
Amendments
Indemnities
Tax
Force Majeure
Severability
Entire Agreement
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Termination
Trust Administration
Successor Trustees
Trustee Remuneration
Liability and Indemnification
Declaration of Trust
Appointment of Trustees
Loan Facility
Purpose
Drawdown
Interest
Repayment
Security
Representations and Warranties
Covenants
Trust Powers
Trustees' Duties
Events of Default
Remedies
Assignment and Transfer
Confidentiality
Notices
Costs and Expenses
Amendments
Indemnities
Tax
Force Majeure
Severability
Entire Agreement
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Termination
Trust Administration
Successor Trustees
Trustee Remuneration
Liability and Indemnification
Relevant Industries
Relevant Teams
Relevant Roles
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