The Promissory Note And Deed Of Trust is commonly used in England and Wales where parties seek to document a loan arrangement with additional security protection. This hybrid instrument combines the straightforward debt acknowledgment of a promissory note with the security benefits of a trust structure. It's particularly useful in situations requiring both clear evidence of debt and a mechanism to hold collateral or security. The document typically includes payment terms, interest calculations, enforcement provisions, and detailed trust arrangements for managing any security provided.
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1. Parties: Identification of lender, borrower, and trustee(s)
2. Background: Context of the loan and trust arrangement
3. Definitions: Key terms used throughout the document
4. Promise to Pay: Core promissory note provisions including amount, interest, and payment terms
5. Declaration of Trust: Establishment of trust and trustee obligations
6. Security: Details of any security provided for the loan
7. Enforcement: Rights and remedies in case of default
1. Early Repayment Provisions: Terms for early loan repayment - include when early repayment is permitted
2. Assignment: Rights to assign the note or trust interests - include when assignment rights are desired
3. Guarantee Provisions: Terms of any guarantee - include when a guarantor is involved
1. Payment Schedule: Detailed breakdown of payment dates and amounts
2. Security Details: Description of any assets held as security
3. Trust Property Schedule: Details of property held in trust
4. Trustee Powers: Detailed list of trustee powers beyond statutory powers
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