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Trust Loan Agreement Template for United States

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Key Requirements PROMPT example:

Trust Loan Agreement

"Need a Trust Loan Agreement for a family trust lending $2 million to a real estate development company, with quarterly interest payments and full principal repayment by December 2025, secured against commercial property in California."

Document background
The Trust Loan Agreement is essential when a trust acts as a lender in the United States. This document is commonly used when trust assets are being deployed for lending purposes, requiring careful consideration of trust powers, fiduciary duties, and regulatory compliance. The agreement must balance the trust's investment objectives with borrower requirements while adhering to both federal and state trust regulations. It includes comprehensive terms covering loan structure, security arrangements, representations and warranties, and default provisions, all while ensuring the trustee's actions align with trust documents and applicable laws.
Suggested Sections

1. Parties: Identifies the lender (trustee) and borrower, including full legal names and addresses

2. Background: Explains the context of the loan and the trust's authority to lend

3. Definitions: Defines key terms used throughout the agreement

4. Loan Terms: Details of the loan amount, interest rate, and repayment terms

5. Security: Description of any collateral or security for the loan

6. Representations and Warranties: Statements of fact by both parties about their capacity and authority

7. Covenants: Ongoing obligations of the borrower during the loan term

8. Events of Default: Circumstances that constitute default and consequences

9. Governing Law: Specifies applicable jurisdiction and law

Optional Sections

1. Insurance Requirements: Details required insurance coverage for secured assets - used when loan is secured by physical assets

2. Guarantees: Terms of any third-party guarantees - used when loan includes guarantors

3. Trust Provisions: Specific provisions relating to trust powers and limitations - used when trust has specific lending restrictions

4. Tax Provisions: Special tax considerations and requirements - used when loan has specific tax implications

Suggested Schedules

1. Schedule A - Loan Payment Schedule: Detailed repayment schedule including dates and amounts

2. Schedule B - Security Details: Detailed description of any collateral or security

3. Schedule C - Trust Documentation: Relevant trust deed excerpts showing lending authority

4. Appendix 1 - Compliance Certificates: Forms for ongoing compliance certification

5. Appendix 2 - Draw Down Notices: Forms for requesting loan disbursements

Authors

Alex Denne

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

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Industries

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about loan terms and costs to promote informed borrowing decisions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Dodd-Frank Act: Comprehensive financial reform legislation that established the Consumer Financial Protection Bureau and implemented new financial regulations

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Uniform Trust Code (UTC): Model law providing states with detailed framework for trust creation, administration, and regulation

Uniform Prudent Investor Act: Law establishing standards for trust investment and management, requiring diversification and risk assessment

Securities Act of 1933: Federal law requiring registration of securities offerings and prohibiting fraud in securities sales

Internal Revenue Code: Federal tax laws governing income, gift, and estate tax implications of trust loans

State Usury Laws: State-specific regulations limiting maximum interest rates that can be charged on loans

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, including secured lending

Statute of Frauds: Legal requirement that certain contracts, including those involving loans and real property, must be in writing to be enforceable

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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