Deed Of Trust Note Template for Philippines

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Key Requirements PROMPT example:

Deed Of Trust Note

"I need a Deed of Trust Note for a PHP 25 million real estate development loan secured by a commercial property in Makati City, with quarterly payments over 10 years starting March 2025, where ABC Bank will act as trustee."

Document background
The Deed of Trust Note is a crucial document in Philippine property and finance law, commonly used in real estate financing and secured lending transactions. It serves a dual purpose: documenting a loan obligation and creating a security interest in property. When implementing a Deed of Trust Note, parties must ensure compliance with Philippine regulations, including the Civil Code, Trust Code of 2018, and relevant banking regulations. The document typically includes detailed terms about the loan amount, interest rates, payment schedules, property description, trustee powers, and default remedies. It's particularly useful in situations requiring additional security for loans while providing lenders with an efficient foreclosure process outside of court proceedings. The structure must be carefully drafted to ensure enforceability and protect all parties' interests under Philippine jurisdiction.
Suggested Sections

1. Parties: Identifies and defines the Trustor (borrower), Trustee, and Beneficiary (lender), including their complete legal names and addresses

2. Background: Explains the context of the trust deed note, including the loan amount and purpose

3. Definitions: Defines key terms used throughout the document

4. Trust Property: Detailed description of the property or assets being held in trust as security

5. Promise to Pay: Specifies the principal amount, interest rate, and payment terms

6. Security Interest: Establishes the security interest in the trust property

7. Trustee Powers and Duties: Outlines the powers and responsibilities of the trustee

8. Covenants: Details the promises and obligations of the trustor regarding the property and payments

9. Events of Default: Defines what constitutes a default and its consequences

10. Remedies: Specifies the remedies available to the beneficiary in case of default

11. Governing Law: Establishes Philippine law as the governing law

12. Execution: Signature blocks and notarization requirements

Optional Sections

1. Multiple Beneficiaries: Required when there are multiple lenders/beneficiaries, detailing their respective rights and interests

2. Substitution of Trustee: Include when there's a need to establish procedures for replacing the trustee

3. Insurance Requirements: Include when specific insurance coverage is required for the trust property

4. Prepayment Provisions: Include when early payment options are allowed, including any penalties or conditions

5. Assignment Rights: Include when parties need the right to assign their interests

6. Environmental Provisions: Required when the trust property includes land or structures with potential environmental concerns

7. Property Management: Include when specific property management requirements need to be established during the trust period

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the trust property, including certificates of title

2. Schedule B - Payment Schedule: Amortization table showing payment dates, amounts, and allocation between principal and interest

3. Schedule C - Permitted Encumbrances: List of any existing liens or encumbrances allowed on the property

4. Appendix 1 - Property Documents: Copies of relevant property documents, such as tax declarations and surveys

5. Appendix 2 - Insurance Certificates: Copies of required insurance policies and certificates

6. Appendix 3 - Property Valuation: Independent appraisal or valuation report of the trust property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Banking

Real Estate

Financial Services

Property Development

Trust Services

Legal Services

Insurance

Investment Management

Construction

Property Management

Relevant Teams

Legal

Compliance

Risk Management

Real Estate

Finance

Credit

Trust Administration

Property Management

Corporate Secretariat

Documentation

Relevant Roles

Legal Counsel

Trust Officer

Loan Officer

Real Estate Manager

Property Manager

Compliance Officer

Risk Manager

Credit Analyst

Financial Advisor

Bank Manager

Real Estate Attorney

Title Officer

Mortgage Specialist

Corporate Secretary

Chief Financial Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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