The Deed of Trust Loan Agreement is a specialized legal instrument used in New Zealand when establishing loan arrangements that incorporate trust structures. This document is particularly useful in situations where loan security, asset protection, or complex financial arrangements require the involvement of trustees. The agreement combines elements of traditional loan documentation with trust provisions, ensuring compliance with New Zealand's trust law, financial regulations, and consumer protection requirements. It is commonly used in private lending, property transactions, family trusts, and business financing arrangements. The document includes comprehensive details about loan terms, trust administration, security arrangements, and the powers and duties of trustees, while incorporating necessary provisions for compliance with the Credit Contracts and Consumer Finance Act 2003 and other relevant legislation.
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1. Parties: Identifies all parties to the agreement including the lender, borrower, and trustee(s)
2. Background: Recitals explaining the context of the loan and trust arrangement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Trust Declaration: Establishes the trust arrangement and defines the trust property
5. Appointment of Trustee: Details the appointment of trustee(s) and their powers
6. Loan Terms: Specifies the loan amount, interest rate, and repayment terms
7. Security Arrangements: Details any security provided for the loan
8. Trustee Powers and Duties: Outlines the specific powers and duties of the trustee(s)
9. Borrower's Covenants: Lists the borrower's obligations and promises
10. Events of Default: Defines circumstances constituting default and consequences
11. Enforcement Rights: Details the rights and remedies in case of default
12. Trust Administration: Covers operational aspects of the trust
13. Expenses and Indemnities: Addresses costs, fees, and indemnification obligations
14. General Provisions: Standard clauses including notices, amendments, governing law
1. Guarantor Provisions: Required when there is a guarantor for the loan
2. Multiple Trustees: Additional provisions when more than one trustee is appointed
3. Trust Income Distribution: Required when specifying how trust income is to be distributed
4. Early Repayment Provisions: Details early repayment options and any associated fees
5. Change of Trustee: Procedures for appointing or removing trustees
6. Trust Termination: Conditions and procedures for terminating the trust
7. Investment Powers: Required when trustees have power to invest trust funds
8. Variation of Trust: Procedures for varying trust terms if permitted
1. Loan Details Schedule: Detailed breakdown of loan amount, interest calculations, and payment schedule
2. Security Details: Description of any assets provided as security
3. Trust Property Schedule: Detailed list and description of trust property
4. Fee Schedule: Breakdown of all fees and charges
5. Trustee Remuneration: Details of trustee compensation and expense reimbursement
6. Execution Requirements: Specific requirements for executing the deed
7. Disclosure Statement: Required disclosures under NZ credit and financial laws
8. Contact Details: Contact information for all parties and authorized representatives
Relevant legal definitions
Accounting Period
Additional Advance
Agreement
Applicable Law
Authorized Representative
Beneficiaries
Borrower
Business Day
Commencement Date
Conditions Precedent
Default Event
Default Interest
Default Rate
Deed
Enforcement Event
Event of Default
Facility
Financial Indebtedness
Financial Year
Governing Law
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Parties
Payment Date
Permitted Purpose
Principal
Repayment Date
Repayment Schedule
Security
Security Interest
Security Provider
Settlement Date
Term
Trust
Trust Assets
Trust Deed
Trust Fund
Trust Income
Trust Liability
Trust Property
Trustee
Trustee Powers
Vesting Date
Additional Advance
Agreement
Applicable Law
Authorized Representative
Beneficiaries
Borrower
Business Day
Commencement Date
Conditions Precedent
Default Event
Default Interest
Default Rate
Deed
Enforcement Event
Event of Default
Facility
Financial Indebtedness
Financial Year
Governing Law
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Parties
Payment Date
Permitted Purpose
Principal
Repayment Date
Repayment Schedule
Security
Security Interest
Security Provider
Settlement Date
Term
Trust
Trust Assets
Trust Deed
Trust Fund
Trust Income
Trust Liability
Trust Property
Trustee
Trustee Powers
Vesting Date
Clauses
Trust Declaration
Loan Terms
Interest
Repayment
Security
Trustee Appointment
Trustee Powers
Trustee Duties
Trust Property
Trust Administration
Beneficiary Rights
Events of Default
Enforcement
Representations and Warranties
Covenants
Payment Obligations
Security Interest
Guarantee
Indemnification
Expenses
Notices
Assignment
Confidentiality
Dispute Resolution
Governing Law
Amendment
Termination
Force Majeure
Severability
Entire Agreement
Execution
Loan Terms
Interest
Repayment
Security
Trustee Appointment
Trustee Powers
Trustee Duties
Trust Property
Trust Administration
Beneficiary Rights
Events of Default
Enforcement
Representations and Warranties
Covenants
Payment Obligations
Security Interest
Guarantee
Indemnification
Expenses
Notices
Assignment
Confidentiality
Dispute Resolution
Governing Law
Amendment
Termination
Force Majeure
Severability
Entire Agreement
Execution
Relevant Industries
Financial Services
Banking
Real Estate
Professional Services
Trust Management
Wealth Management
Private Lending
Property Development
Investment Services
Legal Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Trust Administration
Credit
Wealth Management
Corporate Services
Property Management
Investment Management
Relevant Roles
Legal Counsel
Trust Manager
Loan Officer
Financial Advisor
Compliance Officer
Risk Manager
Trust Administrator
Credit Manager
Property Manager
Investment Manager
Wealth Manager
Corporate Trustee
Financial Controller
Banking Relationship Manager
Trust Account Manager
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