¶¶Òõ¶ÌÊÓƵ

A Trust Deed And Mortgage is primarily used in German property financing transactions where multiple lenders or bondholders require security over real estate assets. This document type is particularly relevant in syndicated lending, structured finance, and large-scale property development projects. It must comply with German property law requirements, including mandatory notarization and registration in the land register (Grundbuch). The document establishes both the security interest over the property and the trust structure, detailing the trustee's powers and duties, the secured obligations, enforcement mechanisms, and the rights of all parties. Given the formal requirements of German law, particular attention must be paid to proper execution and registration procedures to ensure validity and enforceability.

1. Parties: Identification of all parties including the mortgagor, mortgagee, trustee, and any other relevant parties with their full legal details

2. Background: Context of the agreement, including the underlying loan or obligation being secured

3. Definitions: Definitions of key terms used throughout the document, including property-specific and financial terms

4. Property Details: Detailed description of the mortgaged property including land register (Grundbuch) details

5. Creation of Security: Provisions establishing the mortgage and security interest over the property

6. Trust Arrangements: Details of the trust structure, duties and powers of the trustee

7. Secured Obligations: Description of the obligations secured by the mortgage

8. Representations and Warranties: Statements and guarantees made by the mortgagor regarding the property and their capacity

9. Covenants: Ongoing obligations of the mortgagor regarding property maintenance, insurance, and other matters

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement: Rights and procedures for enforcing the security in case of default

12. Costs and Expenses: Allocation of costs related to the creation and maintenance of the security

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction