The Deed Of Trust Loan Agreement is a specialized legal instrument used in South Africa when a trust entity acts as a lender to provide financing to borrowers. This document is particularly relevant when trust funds are being deployed for lending purposes, requiring careful consideration of both trust law obligations and lending regulations. The agreement must comply with the Trust Property Control Act 57 of 1988, the National Credit Act 34 of 2005, and other relevant South African legislation. It typically includes detailed provisions for loan terms, security arrangements, trustee powers and obligations, borrower commitments, and compliance requirements. This type of agreement is commonly used in private wealth management, family trusts, and investment trust scenarios where trust assets are being utilized for lending purposes.
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1. Parties: Identification of the Trust (Lender), Trustees, and Borrower with full legal details
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions and Interpretation: Defined terms, interpretation rules, and applicable law references
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and disbursement conditions
5. Interest and Fees: Interest rate, calculation method, and applicable fees in compliance with NCA
6. Repayment Terms: Repayment schedule, payment methods, and early repayment provisions
7. Security: Details of any security or collateral provided for the loan
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Borrower's Obligations: Specific duties and responsibilities of the borrower
10. Trust and Trustee Provisions: Special provisions relating to trust law compliance and trustee powers
11. Events of Default: Circumstances constituting default and consequences
12. Remedies: Legal remedies available in case of default or breach
13. General Provisions: Standard clauses including notices, amendments, and jurisdiction
14. Signatures: Execution clause and signature blocks for all parties
1. Guarantees: Include when a third-party guarantee is required for the loan
2. Insurance Requirements: Include when specific insurance must be maintained by the borrower
3. Special Drawdown Conditions: Include for loans with multiple tranches or special disbursement conditions
4. Property-Related Provisions: Include when loan is related to property purchase or development
5. Assignment and Transfer: Include when rights/obligations may need to be transferred
6. Co-Borrower Provisions: Include when there are multiple borrowers
7. Trust Beneficiary Acknowledgments: Include when beneficiaries need to acknowledge or consent to the loan
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rates, and payment schedule
2. Schedule 2 - Security Details: Comprehensive description of security or collateral provided
3. Schedule 3 - Trust Details: Trust deed reference, trustee details, and relevant trust provisions
4. Schedule 4 - Drawdown Requirements: Documentation and conditions required for loan disbursement
5. Schedule 5 - Fee Structure: Detailed breakdown of all applicable fees and charges
6. Appendix A - Compliance Checklist: NCA and FICA compliance requirements and documentation
7. Appendix B - Required Forms: Standard forms for drawdown requests, notifications, and certificates
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