The Deed of Trust Subordination Agreement is a specialized legal instrument used in Indian jurisdictions when there is a need to reorganize the priority of different trust interests over the same property or assets. This document becomes necessary when multiple trust arrangements exist and there is a requirement to establish a clear hierarchy of interests, often in response to refinancing, restructuring, or new investment opportunities. The agreement must comply with the Indian Trusts Act, 1882, the Registration Act, 1908, and other relevant Indian legislation. It typically includes detailed information about the existing trust arrangements, specific terms of subordination, representations and warranties from all parties, and comprehensive property descriptions. The document is particularly crucial in real estate and financial transactions where multiple trust interests need to be clearly prioritized to facilitate new arrangements or investments.
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1. Parties: Identification of all parties including the trustee(s), beneficiaries, and other relevant parties to the subordination agreement
2. Background: Recitals explaining the existing trust arrangement, reason for subordination, and current status of trust interests
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Existing Trust Interests: Description of current trust arrangements and priorities
5. Subordination Terms: Specific terms of the subordination, including which interests are being subordinated to others
6. Representations and Warranties: Statements of fact and guarantees by all parties regarding their authority and the trust property
7. Covenants: Ongoing obligations of the parties regarding the subordinated interests
8. Notice Requirements: Procedures for providing notices between parties
9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
10. Execution: Formal execution block complying with Indian legal requirements
1. Security Provisions: Additional security arrangements if required for the subordinated interests
2. Default and Remedies: Specific provisions dealing with default scenarios and available remedies
3. Registration Requirements: Specific registration obligations if the property requires special registration
4. Third Party Rights: Provisions regarding rights of parties not directly involved in the subordination
5. Amendment Procedure: Process for modifying the agreement in the future
6. Costs and Expenses: Allocation of costs related to the subordination arrangement
1. Schedule A - Property Description: Detailed description of the trust property subject to subordination
2. Schedule B - Existing Encumbrances: List of all existing encumbrances, liens, or other interests affecting the trust property
3. Schedule C - Original Trust Deed: Copy or details of the original trust deed being subordinated
4. Schedule D - Priority Structure: Detailed breakdown of the new priority structure after subordination
5. Appendix 1 - Required Notices: Forms of notices required under the agreement
6. Appendix 2 - Registration Requirements: Specific registration forms and requirements under Indian law
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