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Junior Deed Of Trust

Junior Deed Of Trust Template for India

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Key Requirements PROMPT example:

Junior Deed Of Trust

"I need a Junior Deed of Trust for a commercial property in Mumbai valued at ₹5 crore, where the junior lender is a private investment firm and there's an existing senior trust deed with HDFC Bank; the agreement should include specific provisions for property maintenance and environmental compliance."

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Document background
A Junior Deed of Trust is utilized in Indian real estate financing when a property owner seeks additional financing while maintaining an existing senior trust deed. This document creates a secondary security interest in the property, explicitly acknowledging its subordinate position to the senior trust deed. The document details the trust property, parties' rights and obligations, default provisions, and remedies available under Indian law. It's particularly relevant in scenarios involving multiple financing arrangements or refinancing of properties. The Junior Deed of Trust must comply with various Indian legislations including the Indian Trusts Act, 1882, Registration Act, 1908, and Transfer of Property Act, 1882, as well as applicable state-specific property laws. This instrument balances the interests of the junior lender while respecting the priority rights of the senior trust deed holder.
Suggested Sections

1. Parties: Identifies all parties involved: Trustor (borrower), Trustee, and Beneficiary (lender)

2. Background: Explains the context of the trust deed, including reference to the senior trust deed and the subordinate nature of this agreement

3. Definitions: Defines key terms used throughout the document

4. Trust Property Description: Detailed description of the property being placed in trust

5. Subordination Terms: Specifies the relationship with the senior trust deed and priority of claims

6. Security Interest: Details of the security interest being created and its terms

7. Covenants: Promises and obligations of the Trustor regarding property maintenance, insurance, taxes, etc.

8. Rights and Powers of Trustee: Outlines the authority and responsibilities of the Trustee

9. Default Provisions: Circumstances constituting default and consequent remedies

10. Notice Requirements: Procedures for giving notice between parties

11. Governing Law: Specifies Indian law as governing law and relevant jurisdiction

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when specific types of insurance are required

2. Environmental Provisions: Environmental warranties and obligations when property has potential environmental concerns

3. Assignment and Transfer: Terms for transferring beneficial interests when such transfers are anticipated

4. Property Management: Specific requirements for property management when property requires active management

5. Modification Provisions: Terms for modifying the trust deed when flexibility may be needed

6. Co-Trustee Provisions: Rules for multiple trustees when more than one trustee is appointed

7. Special Use Provisions: Specific terms related to special property uses or restrictions

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the trust property including boundaries and registration details

2. Schedule B - Senior Trust Deed Details: Details of the senior trust deed including principal amount, interest rate, and key terms

3. Schedule C - Permitted Encumbrances: List of approved existing liens or encumbrances on the property

4. Schedule D - Insurance Requirements: Specific insurance requirements including types, coverage amounts, and insurers

5. Appendix 1 - Property Documents: Copies of property titles, tax records, and other relevant property documents

6. Appendix 2 - Party Resolutions: Corporate or other entity resolutions authorizing the trust deed

7. Appendix 3 - Compliance Certificates: Necessary regulatory or compliance certificates related to the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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









































Clauses






























Relevant Industries

Real Estate

Banking

Financial Services

Property Development

Construction

Infrastructure

Housing Finance

Commercial Property

Industrial Property

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Compliance

Finance

Mortgage Operations

Title Services

Document Management

Property Registration

Relevant Roles

Real Estate Lawyer

Property Manager

Loan Officer

Mortgage Specialist

Legal Counsel

Trust Administrator

Property Rights Registrar

Real Estate Manager

Risk Assessment Officer

Compliance Officer

Property Valuation Expert

Title Insurance Officer

Real Estate Finance 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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