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Performance Deed Of Trust
"I need a Performance Deed of Trust to secure the completion of a residential development project in Manila, where ABC Construction Corp (as Settlor) will guarantee completion of Phase 1 by March 2025, with XYZ Bank acting as Trustee for the benefit of the property buyers."
1. Parties: Identifies and defines the Settlor (performance guarantor), Trustee, and Beneficiary with their complete details
2. Background: Explains the context and purpose of the trust deed, including the underlying transaction or relationship being secured
3. Definitions: Defines key terms used throughout the document for clarity and consistency
4. Declaration of Trust: Formal establishment of the trust relationship and transfer of trust property
5. Performance Obligations: Detailed description of the performance obligations being secured by the trust
6. Trust Property: Description and details of the property being held in trust
7. Trustee Powers and Duties: Comprehensive list of trustee's authorities, responsibilities, and limitations
8. Rights and Obligations of the Settlor: Specific duties and continuing obligations of the settlor
9. Rights of Beneficiary: Outlines the beneficiary's entitlements and enforcement rights
10. Events of Default: Defines circumstances constituting default and triggering enforcement
11. Enforcement and Remedies: Procedures and rights for enforcing the trust upon default
12. Term and Termination: Duration of the trust and circumstances for termination
13. Costs and Expenses: Allocation of costs related to the trust's establishment and maintenance
14. Governing Law and Jurisdiction: Specifies Philippine law as governing law and relevant jurisdiction
15. Execution: Formal execution requirements and signature blocks
1. Security Provisions: Additional security arrangements if trust property includes specific assets requiring special treatment
2. Insurance Requirements: Specific insurance obligations for trust property, if applicable
3. Succession of Trustees: Procedures for appointing replacement trustees, used in long-term trust arrangements
4. Tax Provisions: Specific tax considerations and obligations, if significant tax implications exist
5. Confidentiality: Confidentiality obligations if sensitive information is involved
6. Anti-Money Laundering Compliance: Additional compliance requirements if large financial transactions are involved
7. Force Majeure: Provisions for unforeseen circumstances affecting performance obligations
8. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the deed
1. Schedule 1 - Trust Property Details: Detailed description and/or inventory of trust property
2. Schedule 2 - Performance Metrics: Specific performance indicators and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed breakdown of trustee fees and other costs
4. Schedule 4 - Required Forms: Templates for notices, certificates, or other required documentation
5. Schedule 5 - Security Documents: List and copies of related security documents
6. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals and resolutions
7. Appendix B - Property Documents: Copies of property titles or other relevant property documentation
8. Appendix C - Compliance Documents: Relevant regulatory compliance certificates or permits
Authors
Construction
Real Estate Development
Infrastructure
Banking and Finance
Manufacturing
Energy
Mining
Telecommunications
Government Contracts
Public-Private Partnerships
Legal
Compliance
Risk Management
Finance
Treasury
Project Management
Corporate Secretariat
Trust Administration
Property Management
Construction Management
Investment
Corporate Affairs
Legal Counsel
Corporate Secretary
Trust Officer
Project Manager
Contract Administrator
Risk Manager
Compliance Officer
Chief Financial Officer
Chief Legal Officer
Property Manager
Development Director
Construction Manager
Investment Manager
Security Trustee
Treasury Manager
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