The All Inclusive Trust Deed serves as a sophisticated security instrument in Canadian financial and real estate transactions where multiple obligations need to be secured under a single arrangement. This document type is particularly useful in scenarios involving refinancing, property development, or complex commercial transactions where various debts or obligations need to be consolidated. It creates a trust relationship that holds property as security while incorporating existing obligations, new financing, and future advances under one comprehensive structure. The document must comply with federal legislation such as the Trust and Loan Companies Act, as well as provincial trust and property laws. It typically includes detailed provisions for property management, payment terms, default remedies, and trustee powers, making it essential for transactions requiring consolidated security arrangements in Canadian jurisdictions.
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1. Parties: Identification of all parties: Trustee, Beneficiary (Lender), Trustor (Borrower), and any other relevant parties
2. Background: Context of the trust deed, including reference to the underlying obligations and property
3. Definitions: Definitions of key terms used throughout the document
4. Trust Declaration: Formal declaration of trust and specification of trust property
5. Secured Obligations: Detailed description of all obligations secured by the trust deed
6. Grant and Conveyance: Legal language conveying the property into trust
7. Property Description: Detailed legal description of the trust property
8. Payment Terms: Terms and conditions for payment of the secured obligations
9. Trustee Powers and Duties: Enumeration of trustee's powers, responsibilities, and limitations
10. Trustor Covenants: Obligations and promises of the trustor regarding the property and secured obligations
11. Default Provisions: Definition of default events and consequences
12. Remedies: Available remedies in case of default
13. General Provisions: Standard provisions including governing law, notices, amendments, etc.
1. Insurance Requirements: Detailed insurance requirements when the trust property requires specific insurance coverage
2. Property Management: Provisions for property management when the trust property requires active management
3. Environmental Provisions: Environmental warranties and indemnities when environmental risks are present
4. Secondary Financing: Provisions regarding additional financing when permitted
5. Assignment and Succession: Detailed provisions for assignment rights when transfers are anticipated
6. Co-Trustee Provisions: Provisions governing multiple trustees when applicable
7. Special Purpose Entity Provisions: Additional provisions when the trustor is a special purpose entity
1. Schedule A - Property Description: Detailed legal description of the trust property including surveys and plans
2. Schedule B - Secured Obligations: Itemized list of all obligations secured by the trust deed
3. Schedule C - Permitted Encumbrances: List of permitted liens and encumbrances on the trust property
4. Schedule D - Form of Notice: Prescribed form for various notices under the trust deed
5. Schedule E - Payment Schedule: Detailed payment terms and amortization schedule
6. Appendix 1 - Operating Requirements: Specific requirements for operation and maintenance of the trust property
7. Appendix 2 - Insurance Requirements: Detailed insurance specifications and requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Financial Services
Commercial Property
Residential Property
Construction
Property Development
Investment Management
Trust Services
Legal Services
Insurance
Relevant Teams
Legal
Real Estate
Finance
Risk Management
Compliance
Property Management
Commercial Lending
Investment
Trust Administration
Title Services
Relevant Roles
Real Estate Lawyer
Trust Officer
Property Manager
Mortgage Broker
Financial Manager
Legal Counsel
Risk Manager
Commercial Lending Officer
Real Estate Developer
Property Administrator
Compliance Officer
Title Officer
Banking Executive
Real Estate Investment Manager
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