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DAY OF
200
BETWEEN
(Trustee)
AND
(Beneficiary)
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DEED OF TRUST
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[REF :
]
DEED OF TRUST
day of
200
BETWEN
WHEREAS :
The Trustee is the registered owner of a piece of land held under
In consideration of love and affection, the Trustee hereby declare and shall therefore hold on
trust for the Beneficiary half (1/2) share of the said property together with all the Trustee's rights, title,
interest, benefit, advantage, claim and demand whatsoever at trust for the benefit of the Beneficiary
absolutely.
2.
In the event the Beneficiary predeceased the Trustee, the Trustee will hold the said property
together with all the Trustee's rights, title, interest, benefit, advantage, claim and demand whatsoever
on the said Property absolutely for the benefit of the deceased Beneficiarys estate only.
3.
In the event of the Trustee predeceased the Beneficiary, the parties hereby agree that all
duties and obligations of the deceased Trustee shall transmit to the Beneficiary.
4.
In consideration of the Trustee holding absolutely on trust all his rights, title, interest in and to
the said property pursuant to this trust, the Beneficiary hereby warrant and covenant to observe and
perform all the terms and conditions on the part of the Trustee to be so observed and performed
thereunder and shall keep the Trustee indemnified against all actions, proceedings, claims, demand,
charges, penalties, costs, damages and expenses in relation thereto.
5.
In the event the said property shall be registered in the name of the Trustee, the Trustee
hereby declare that they are the Trustee for the Beneficiary in respect of all records and legal
documents in respect of the said share and upon demand the Trustee shall hand over all record and
legal documents in respect of the said Property to the Beneficiary.
6.
It is hereby agreed that all costs and expenses in and incidental to the preparation of the
transfer, loan agreement, charge, lease, caveat, easement or whatsoever in respect of the said
property shall be borne equally by the Trustee and the Beneficiary as if they are the party to the
transaction until completion of all legal documentation.
7.
The legal costs of and incidental to this Deed of Trust and the stamp duty thereon shall be
This Trust shall be binding on the respective assigns representatives and successors in title of
the parties hereto and herein and where the context so admits:(a)
the expressions of the Trustee and The Beneficiary shall include the respective
successors personal representative and assigns of the Trustee and the Beneficiary
and where two or more persons are included in the said expression, this Trust shall
be binding on such persons jointly and severally;
(b)
words importing the masculine gender include the feminine and neuter genders;
(c)
words importing the singular number include the plural and vice versa; and
(d)
IN WITNESS WHEREOF the parties hereto have hereunder set their hands the day and year first
above written.
AUTHENTICATION CLAUSE
I,
hereby certify that the signature of the Trustee and the Beneficiary abovenamed were written in my
presence on this
day of
2006 and is
according to my own personal knowledge the true signatures of the Trustee and the Beneficiary who
have acknowledged to me that they are of full age and that they have voluntarily executed this
instrument.
Witness my hand
....................................
Advocate & Solicitor