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Trust Deed And Mortgage

Trust Deed And Mortgage Template for New Zealand

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Key Requirements PROMPT example:

Trust Deed And Mortgage

"Need a Trust Deed and Mortgage document for a family trust purchasing a residential property in Auckland, with ABC Bank as mortgagee providing $800,000 financing, to be settled by March 2025, with specific provisions for three adult children as beneficiaries."

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Document background
The Trust Deed And Mortgage is a specialized legal instrument used in New Zealand when property financing is required within a trust structure. This document is particularly relevant when trustees need to secure funding for property acquisition or development while maintaining the asset within the trust framework. It must comply with New Zealand's trust and property laws, including the Trusts Act 2019 and Property Law Act 2007. The document serves dual purposes: establishing or continuing the trust arrangement with all necessary powers and obligations, while simultaneously creating a valid mortgage security interest for the lender. It's commonly used in family trusts, property investment trusts, and estate planning situations where secured financing is required.
Suggested Sections

1. Parties: Identifies all parties including the Trustee(s), Settlor, Beneficiaries, and Mortgagee

2. Background: Sets out the context of the trust creation and mortgage arrangement, including details of the property and purpose of the trust

3. Definitions and Interpretation: Defines key terms used throughout the document and establishes interpretation rules

4. Trust Establishment: Formally establishes the trust, including declaration of trust and settlement details

5. Trust Objects and Purposes: Specifies the purposes of the trust and intended beneficiaries

6. Trustee Powers and Duties: Comprehensive list of trustee powers and duties in accordance with the Trusts Act 2019

7. Mortgage Terms: Details of the mortgage including principal sum, interest rate, and payment terms

8. Security Provisions: Specifies the property provided as security and related covenants

9. Default and Enforcement: Outlines events of default and mortgagee's enforcement rights

10. Trust Administration: Procedures for trust management, meetings, and decision-making

11. Variation and Termination: Provisions for varying trust terms and circumstances for trust termination

12. Execution: Formal execution clauses and attestation requirements

Optional Sections

1. Investment Powers: Detailed investment provisions if the trust will have significant investment activities

2. Trustee Remuneration: Include when trustees are to be professionally remunerated

3. Appointor Provisions: Include when there is to be an appointor with power to appoint/remove trustees

4. Perpetuity Period: Include for trusts that may continue for extended periods

5. Foreign Trust Provisions: Include if the trust has international elements or beneficiaries

6. GST Provisions: Include if the trust will be GST registered or involved in commercial activities

7. Delegation Powers: Include if trustees need specific delegation authority beyond statutory powers

8. Alternative Dispute Resolution: Include when parties want specific dispute resolution procedures

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the mortgaged property

2. Schedule 2 - Beneficiaries: List of named beneficiaries and their entitlements

3. Schedule 3 - Mortgage Terms: Detailed mortgage terms including payment schedule and interest calculations

4. Schedule 4 - Trustee Powers: Comprehensive list of specific trustee powers

5. Schedule 5 - Initial Trust Assets: Schedule of assets initially settled on the trust

6. Appendix A - Memorandum of Terms: Standard mortgage terms and conditions as required by Land Transfer Act

7. Appendix B - Property Title: Copy of the property title and any relevant easements or covenants

8. Appendix C - Trustee Consents: Required trustee consents and certificates

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































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Relevant Industries

Banking & Financial Services

Real Estate & Property

Legal Services

Estate Planning

Wealth Management

Private Banking

Insurance

Property Development

Family Office Services

Relevant Teams

Legal

Property

Wealth Management

Trust Administration

Mortgage Services

Risk & Compliance

Estate Planning

Financial Advisory

Private Banking

Real Estate

Relevant Roles

Trust Lawyer

Property Lawyer

Banking Lawyer

Trust Manager

Mortgage Advisor

Property Manager

Financial Advisor

Estate Planning Advisor

Trust Administrator

Compliance Officer

Risk Manager

Private Wealth Manager

Banking Relationship Manager

Property Investment Manager

Trust Account Manager

Industries








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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