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Seller Financed Mortgage Contract
"Need a Seller Financed Mortgage Contract for a commercial property in Vancouver, with a 30% down payment and 10-year term, including quarterly payments and a balloon payment at the end of term in March 2025; must include provisions for tenant assignments and environmental compliance."
1. Parties: Identifies and provides full legal details of the Seller/Lender and Buyer/Borrower
2. Background: Explains the context of the transaction, including the seller's willingness to provide financing and the buyer's desire to purchase with seller financing
3. Definitions: Defines key terms used throughout the agreement including Property, Principal Amount, Interest Rate, and Payment Terms
4. Property Description: Detailed legal description of the property being sold and mortgaged
5. Purchase Price and Financing Terms: Specifies the total purchase price, down payment, and amount being financed by the seller
6. Interest Rate and Payment Terms: Details of the interest rate, payment schedule, payment amounts, and amortization period
7. Security and Registration: Describes the mortgage security and registration requirements on the property
8. Insurance Requirements: Specifies required property insurance and other insurance obligations
9. Property Taxes and Other Charges: Addresses responsibility for property taxes, utilities, and other ongoing charges
10. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and the property
11. Default and Remedies: Defines events of default and the seller's remedies, including foreclosure rights
12. Prepayment Terms: Specifies conditions and any penalties for early payment of the mortgage
13. Transfer and Assignment: Rules regarding the transfer of the property or assignment of the mortgage
14. Notice Requirements: How and where formal notices must be delivered between parties
15. Governing Law: Specifies that Canadian law and the relevant provincial jurisdiction govern the agreement
1. Due on Sale Clause: Optional clause that makes the entire mortgage due if the property is sold - may not be desired if the seller wants to allow assumption of the mortgage
2. Balloon Payment: Include only if the payment structure includes a large final payment
3. Property Management and Maintenance: Additional requirements for property upkeep - particularly relevant for commercial properties
4. Environmental Warranties: Particularly important for commercial properties or properties with known environmental history
5. Secondary Financing: Rules regarding the buyer's ability to obtain additional financing - include if relevant to the transaction
6. Personal Guarantees: Include when additional personal guarantees are required from principals of a corporate buyer
7. Escrow Requirements: Include if tax and insurance payments are to be escrowed rather than paid directly by the buyer
8. Cross-Collateralization: Include if multiple properties are involved or if other assets are securing the loan
1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and easements
2. Schedule B - Payment Schedule: Detailed amortization schedule showing all payments, principal and interest breakdowns
3. Schedule C - Insurance Requirements: Detailed specifications for required insurance coverage
4. Schedule D - Property Condition Report: Documented condition of the property at time of sale
5. Schedule E - Environmental Reports: Any environmental assessments or reports if applicable
6. Appendix 1 - Property Photos: Dated photographs documenting the property condition
7. Appendix 2 - Required Repairs: List of any repairs or improvements required as conditions of the agreement
8. Appendix 3 - Title Documents: Copies of relevant title documents and searches
Authors
Property
Purchase Price
Principal Amount
Down Payment
Interest Rate
Term
Amortization Period
Regular Payment
Payment Date
Closing Date
Seller/Lender
Buyer/Borrower
Security Interest
Permitted Encumbrances
Event of Default
Business Day
Taxes
Insurance Requirements
Improvements
Title Documents
Mortgage
Charge
Registration
Prepayment Privilege
Due Date
Maturity Date
Default Rate
Arrears
Legal Costs
Property Insurance
Transfer
Assignment
Notice
Governing Law
Land Registry Office
Permitted Use
Environmental Laws
Hazardous Substances
Required Repairs
Property Condition
Title Insurance
Representations and Warranties
Security Documents
Balloon Payment
Acceleration
Purchase Terms
Financing Terms
Security Interest
Payment Obligations
Interest Calculation
Insurance Requirements
Property Maintenance
Default and Remedies
Prepayment Rights
Registration and Title
Representations and Warranties
Environmental Compliance
Assignment and Transfer
Notice Requirements
Property Tax Obligations
Insurance Obligations
Default Interest
Acceleration Rights
Enforcement Rights
Quiet Enjoyment
Property Inspection
Further Assurances
Severability
Entire Agreement
Amendment and Modification
Governing Law
Dispute Resolution
Force Majeure
Survival
Indemnification
Registration Rights
Due on Sale
Cross Default
Personal Guarantee
Release Provisions
Real Estate
Financial Services
Property Development
Construction
Commercial Property
Residential Property
Legal Services
Insurance
Property Management
Private Lending
Legal
Real Estate
Finance
Risk Management
Compliance
Property Management
Investment
Operations
Documentation
Due Diligence
Real Estate Lawyer
Property Manager
Real Estate Agent
Mortgage Broker
Financial Advisor
Legal Counsel
Contract Administrator
Risk Manager
Chief Financial Officer
Property Developer
Real Estate Investment Manager
Compliance Officer
Title Examiner
Real Estate Portfolio Manager
Financial Controller
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