A Promissory Note Secured By Deed Of Trust is commonly used in secured lending transactions under English and Welsh law where parties seek to combine the simplicity of a promissory note with the security of a trust arrangement. This structure is particularly useful when the debt may need to be transferred or when multiple lenders are involved. The document typically includes the principal amount, interest rate, payment terms, security details, and trust arrangements. It provides lenders with enhanced protection through the trust structure while maintaining the negotiability features of a promissory note.
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1. Parties: Identifies the lender, borrower, and trustee with full legal names and addresses
2. Background: Explains the context of the loan and security arrangement
3. Definitions: Defines key terms used throughout the document
4. Promise to Pay: States principal amount, interest rate, and payment terms
5. Security: Details of the property or assets serving as security
6. Trust Arrangements: Specifies trustee powers, duties, and security holding arrangements
1. Prepayment Provisions: Optional section detailing terms for early repayment if permitted
2. Default Interest: Optional section specifying additional interest rate applicable on default
3. Insurance Requirements: Optional section detailing requirements for insuring secured property when security includes physical assets
1. Property Schedule: Detailed description of secured property
2. Payment Schedule: Amortization table or payment details
3. Form of Transfer: Template for transferring the note to another holder
4. Security Documents: Copies of related security documentation
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