The Promissory Note Secured By Deed Of Trust is commonly used in Hong Kong for secured lending transactions where parties seek to combine the simplicity of a promissory note with the security of a trust arrangement. This document is particularly useful in situations requiring a straightforward documentation of debt while securing it with property held in trust. It complies with Hong Kong's legal requirements, including the Bills of Exchange Ordinance and property laws, making it suitable for both commercial and private lending arrangements. The document incorporates both the unconditional promise to pay a specified sum and the security arrangement through a trust deed, providing lenders with additional protection compared to an unsecured promissory note.
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1. Parties: Identifies the maker (borrower), payee (lender), and trustee
2. Background: States the context of the loan and security arrangement
3. Definitions: Defines key terms used throughout the document
4. Promise to Pay: States the principal amount, interest rate, and unconditional promise to pay
5. Payment Terms: Details the payment schedule, method, and place of payment
6. Security Interest: Describes the property being held in trust as security
7. Trustee Powers and Duties: Outlines the trustee's responsibilities and authority
8. Events of Default: Lists circumstances constituting default
9. Remedies: Details rights and remedies upon default
10. Representations and Warranties: Standard declarations about legal capacity and authority
11. Governing Law: Specifies Hong Kong law as governing law
12. Execution: Signature blocks and execution requirements
1. Prepayment Provisions: Include when early payment is allowed, specifying any penalties or conditions
2. Security Registration: Include when the security requires registration under Hong Kong law
3. Insurance Requirements: Include when insurance of the secured property is required
4. Transfer and Assignment: Include when transfer rights need to be specifically addressed
5. Tax Provisions: Include when specific tax implications need to be addressed
6. Subordination: Include when there are multiple security interests or lenders
7. Guarantees: Include when there are third-party guarantors
1. Property Description Schedule: Detailed description of the property held in trust
2. Payment Schedule: Detailed amortization schedule if installment payments
3. Form of Notice: Standard forms for various notices under the agreement
4. Insurance Requirements: Detailed insurance requirements for the secured property
5. Required Filings: List of required registrations and filings
6. Existing Encumbrances: List of any existing liens or encumbrances on the property
Relevant legal definitions
Agreement
Business Day
Deed of Trust
Default Interest Rate
Event of Default
Enforcement Action
Encumbrance
Governmental Authority
Hong Kong
Interest Payment Date
Interest Rate
Lender
Maker
Material Adverse Effect
Maturity Date
Note
Outstanding Amount
Payee
Payment Date
Permitted Encumbrance
Principal Amount
Property
Registered Office
Relevant Documents
Repayment Schedule
Secured Obligations
Secured Property
Security
Security Interest
Security Period
Stamp Duty
Transaction Documents
Trust
Trust Property
Trustee
Trustee Appointment
Trust Powers
Working Day
Business Day
Deed of Trust
Default Interest Rate
Event of Default
Enforcement Action
Encumbrance
Governmental Authority
Hong Kong
Interest Payment Date
Interest Rate
Lender
Maker
Material Adverse Effect
Maturity Date
Note
Outstanding Amount
Payee
Payment Date
Permitted Encumbrance
Principal Amount
Property
Registered Office
Relevant Documents
Repayment Schedule
Secured Obligations
Secured Property
Security
Security Interest
Security Period
Stamp Duty
Transaction Documents
Trust
Trust Property
Trustee
Trustee Appointment
Trust Powers
Working Day
Clauses
Promise to Pay
Payment Terms
Interest
Security Interest
Trust Arrangements
Representations and Warranties
Events of Default
Remedies
Assignment and Transfer
Property Description
Trustee Powers
Trustee Duties
Default Interest
Prepayment
Registration
Stamp Duty
Notices
Further Assurance
Costs and Expenses
Indemnification
Amendment and Modification
Severability
Governing Law
Jurisdiction
Enforcement
Insurance
Property Maintenance
Release of Security
Subordination
Counterparts
Payment Terms
Interest
Security Interest
Trust Arrangements
Representations and Warranties
Events of Default
Remedies
Assignment and Transfer
Property Description
Trustee Powers
Trustee Duties
Default Interest
Prepayment
Registration
Stamp Duty
Notices
Further Assurance
Costs and Expenses
Indemnification
Amendment and Modification
Severability
Governing Law
Jurisdiction
Enforcement
Insurance
Property Maintenance
Release of Security
Subordination
Counterparts
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Private Equity
Investment Management
Corporate Finance
Property Development
Small & Medium Enterprises
Professional Services
Asset Management
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Real Estate
Corporate Banking
Securities & Collateral
Trust Administration
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Trust Officer
Loan Officer
Credit Manager
Risk Manager
Commercial Banking Officer
Property Manager
Security Trustee
Compliance Officer
Treasury Manager
Financial Controller
Real Estate Manager
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