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Short Form Deed Of Trust And Assignment Of Rents
"I need a Short Form Deed of Trust and Assignment of Rents for a multi-unit commercial property in Vancouver, BC, to secure a $5.2M loan closing on March 15, 2025, with specific provisions for existing retail tenants and their rental payments."
1. Parties: Identifies the Grantor (borrower/trustor), Trustee, and Beneficiary (lender)
2. Background: Explains the context of the deed, including reference to the underlying loan or obligation
3. Definitions: Defines key terms used throughout the document
4. Grant in Trust: Specifies the property being conveyed in trust and the purpose of the trust
5. Assignment of Rents: Details the assignment of rents, issues, and profits from the property
6. Secured Obligations: Describes the obligations being secured by the trust deed
7. Covenants of the Grantor: Lists the promises and obligations of the Grantor regarding property maintenance, insurance, and taxes
8. Default and Remedies: Specifies what constitutes default and the available remedies
9. Power of Sale: Outlines the Trustee's power to sell the property upon default
10. Execution: Formal signing section with attestation requirements
1. Substitution of Trustee: Include when the parties want to specify the process for changing the trustee
2. Insurance Proceeds: Include when specific provisions for handling insurance proceeds are needed
3. Future Advances: Include when the trust deed will secure future advances or obligations
4. Leasing Provisions: Include when there are specific requirements or restrictions for leasing the property
5. Environmental Warranties: Include when environmental concerns are relevant to the property
6. Due on Sale: Include when the obligation becomes due upon sale of the property
1. Schedule A - Legal Description: Detailed legal description of the property subject to the trust deed
2. Schedule B - Permitted Encumbrances: List of permitted liens and encumbrances on the property
3. Schedule C - Existing Leases: List of existing leases affected by the assignment of rents
4. Schedule D - Rent Roll: Current rent roll showing all tenants and rental amounts
5. Schedule E - Form of Tenant Notice: Template for notifying tenants of the assignment of rents
Authors
Real Estate
Banking and Financial Services
Property Development
Commercial Property Management
Residential Property Management
Trust Services
Legal Services
Construction and Development
Legal
Real Estate
Finance
Risk Management
Property Management
Commercial Lending
Asset Management
Investment
Compliance
Operations
Real Estate Lawyer
Property Manager
Mortgage Broker
Trust Officer
Real Estate Development Manager
Commercial Lending Officer
Real Estate Investment Manager
Property Development Director
Asset Manager
Legal Counsel
Risk Manager
Commercial Property Officer
Finance Director
Real Estate Portfolio Manager
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