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Promissory Note Secured By Deed Of Trust

Promissory Note Secured By Deed Of Trust Template for New Zealand

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Key Requirements PROMPT example:

Promissory Note Secured By Deed Of Trust

"I need a Promissory Note Secured By Deed Of Trust for a $500,000 business loan to be repaid over 3 years, secured against commercial property in Auckland, with the borrower having early repayment rights subject to a 2% penalty."

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Document background
The Promissory Note Secured By Deed Of Trust is a specialized financial instrument used in New Zealand when a lender requires both a formal promise of repayment and security over specific assets. This document type is particularly useful in private lending arrangements, property transactions, and business financing where traditional bank lending may not be suitable or available. It combines the straightforward nature of a promissory note with the security benefits of a trust deed, making it suitable for both commercial and private lending scenarios. The document must comply with New Zealand's Property Law Act 2007, Contract and Commercial Law Act 2017, and relevant securities legislation. It typically includes detailed terms regarding the payment obligation, interest calculations, security arrangements, trustee powers, and enforcement mechanisms.
Suggested Sections

1. Parties: Identifies the maker (borrower), payee (lender), and trustee

2. Background: Explains the context of the loan and security arrangement

3. Definitions: Defines key terms used throughout the document

4. Promise to Pay: Core promise to pay the principal sum with specific amount and payment date(s)

5. Interest: Interest rate, calculation method, and payment schedule

6. Security: Description of the security arrangement and trust deed provisions

7. Payment Terms: Details of how and when payments must be made

8. Events of Default: Circumstances constituting default under the note

9. Enforcement Rights: Rights and remedies of the payee upon default

10. Representations and Warranties: Key statements of fact and promises by the maker

11. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Prepayment Provisions: Include when early repayment is permitted, specifying any penalties or conditions

2. Guarantees: Include when there are personal or corporate guarantees for the note

3. Insurance Requirements: Include when specific insurance must be maintained on secured assets

4. Assignment and Transfer: Include when the note is intended to be negotiable or transferable

5. Tax Provisions: Include when there are specific tax considerations or withholding requirements

6. Subordination: Include when the note needs to be subordinated to other debt

7. Security Release: Include when there are specific conditions for releasing the security

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment dates and amounts

2. Property Description: Legal description of any real property serving as security

3. Security Details: Detailed description of all assets serving as security

4. Trustee Powers: Specific powers and duties of the trustee

5. Guarantee Terms: If applicable, detailed terms of any guarantees

6. Form of Transfer: Standard form for transferring the note if negotiable

7. Insurance Requirements: Detailed insurance requirements for secured assets

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

Banking & Financial Services

Real Estate

Commercial Property

Agriculture

Manufacturing

Retail

Professional Services

Construction

Small Business

Private Lending

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Commercial Lending

Property Management

Trust Administration

Corporate Services

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Corporate Lawyer

Trust Manager

Credit Manager

Risk Officer

Loan Officer

Commercial Property Manager

Business Development Manager

Private Banker

Mortgage Broker

Finance Director

Compliance Officer

Treasury 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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