The Future Advance Deed of Trust is commonly used in England and Wales when parties anticipate the need for multiple advances of funds over time, secured against the same property. This document type is particularly valuable for construction projects, property development, or business expansion where funding requirements evolve. It provides a framework for securing future advances without the need for new security documentation, while maintaining priority rights under English law. The deed establishes the maximum secured amount, conditions for future advances, and the trustee's role in protecting both lender and borrower interests.
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1. Parties: Identification of grantor, trustee, and beneficiary
2. Background: Context of the trust creation and purpose
3. Definitions: Key terms used throughout the deed
4. Trust Property: Description of property subject to the trust
5. Future Advance Provisions: Terms governing future advances and their security
6. Trustee Powers: Scope of trustee authority and responsibilities
7. Security Provisions: Terms of security interest and enforcement
8. Execution: Signature blocks and attestation
1. Insurance Requirements: Property insurance obligations - include when property requires specific insurance coverage
2. Co-trustee Provisions: Rules for multiple trustees - include when multiple trustees are appointed
3. Successor Trustee Provisions: Process for trustee replacement - include when succession planning is required
1. Schedule 1 - Property Description: Detailed legal description of trust property
2. Schedule 2 - Secured Obligations: Details of existing and potential future advances
3. Schedule 3 - Permitted Encumbrances: List of allowed liens or encumbrances
4. Appendix A - Form of Advance Notice: Template for requesting future advances
5. Appendix B - Priority Agreement: Terms governing priority of advances
Relevant legal definitions
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