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Trust Deed Sale
"I need a Trust Deed Sale document for the transfer of a commercial property held in the Family Investment Trust to a corporate buyer, with settlement scheduled for March 2025 and including specific provisions for existing tenant arrangements."
1. Parties: Identifies and defines all parties including the Trustee(s) as seller, the Purchaser, and any other relevant parties
2. Background: Outlines the existence of the trust, trustee's authority to sell, and context of the sale
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the deed
4. Trust Property Details: Specific description and details of the trust property being sold
5. Sale and Purchase: Core terms of the sale including price, payment terms, and completion requirements
6. Trustee's Warranties: Warranties given by the trustee regarding authority, title, and capacity to sell
7. Completion Requirements: Details of what must occur at settlement, including documents to be delivered and actions to be taken
8. Purchase Price and Payment: Detailed breakdown of the purchase price, payment schedule, and payment methods
9. Title and Risk: Provisions regarding transfer of title and risk in the trust property
10. Default and Termination: Consequences of default and circumstances allowing termination
11. Notices: How formal notices under the deed must be given
12. General Provisions: Standard boilerplate provisions including governing law, severability, and entire agreement
1. GST Provisions: Required when the sale is subject to GST, detailing GST treatment and obligations
2. Purchaser's Due Diligence: Include when the purchaser has conducted or will conduct due diligence investigations
3. Environmental Matters: Required when the trust property includes land with potential environmental issues
4. Lease Provisions: Include when the trust property is subject to existing leases
5. Development Conditions: Required when the property has ongoing development applications or conditions
6. Third Party Consents: Include when the sale requires consents from third parties or regulatory bodies
7. Intellectual Property: Required when the trust property includes intellectual property assets
8. Employee Matters: Include when the sale involves business assets with employee considerations
1. Property Description Schedule: Detailed description of the trust property including title particulars, boundaries, and improvements
2. Purchase Price Breakdown: Itemized breakdown of the purchase price including any adjustments and apportionments
3. Completion Checklist: List of documents and actions required for completion
4. Encumbrances Schedule: Details of any encumbrances affecting the trust property
5. Due Diligence Results: Summary of due diligence findings and any required remedial actions
6. Warranties Schedule: Detailed list of warranties given by the trustee
7. Trust Deed Extract: Relevant excerpts from the trust deed showing trustee's power of sale
8. Required Consents: Copies or details of third-party or regulatory consents required
Authors
Real Estate
Financial Services
Investment Management
Professional Services
Agriculture
Commercial Property
Retail
Industrial
Mining
Healthcare
Education
Hospitality
Legal
Compliance
Property Management
Trust Administration
Risk Management
Corporate Services
Investment Management
Asset Management
Financial Control
Company Secretariat
Business Development
Operations
Trust Manager
Property Manager
Legal Counsel
Corporate Lawyer
Trust Administrator
Estate Planning Lawyer
Property Lawyer
Commercial Lawyer
Compliance Officer
Risk Manager
Investment Manager
Asset Manager
Trustee Director
Property Development Manager
Financial Controller
Company Secretary
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