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Short Form Deed Of Trust And Assignment Of Rents Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Short Form Deed of Trust and Assignment of Rents is commonly used in Canadian real estate financing transactions where lenders require security over both the property and its income stream. This document type emerged as a more streamlined alternative to lengthy traditional trust deeds, particularly suitable for straightforward property transactions. It combines the security features of a mortgage with the flexibility of a trust arrangement and includes provisions for rent assignment, making it particularly valuable for income-producing properties. The document typically outlines the trust relationship, secured obligations, property description, assignment of rents provisions, default remedies, and power of sale rights, all while complying with provincial property laws and federal lending regulations. It's especially useful in commercial and multi-unit residential property financing where rental income is a significant consideration for the lender's security.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions

























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Relevant Industries

Real Estate

Banking and Financial Services

Property Development

Commercial Property Management

Residential Property Management

Trust Services

Legal Services

Construction and Development

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Property Management

Commercial Lending

Asset Management

Investment

Compliance

Operations

Relevant Roles

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

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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