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Loan Agreement And Mortgage
"I need a standard Loan Agreement and Mortgage for a residential property purchase in Auckland, with a loan amount of NZD 800,000 from ABC Bank Limited to be drawn down on March 15, 2025, including standard residential property covenants and first-ranking security."
1. Parties: Identifies and defines the Lender, Borrower, and any Guarantors with their full legal names and addresses
2. Background: Sets out the context of the loan and mortgage, including the purpose of the loan and the property being offered as security
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Loan Details: Specifies the loan amount, interest rate, term, and purpose of the loan
5. Drawdown: Conditions precedent and process for drawing down the loan
6. Interest: Details of interest calculation, payment periods, and default interest provisions
7. Repayment: Terms for repayment including payment schedule, prepayment rights, and fees
8. Security: Details of the mortgage security, including property description and charging provisions
9. Borrower's Covenants: Obligations of the borrower regarding property maintenance, insurance, rates payment, and other ongoing commitments
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Events of Default: Circumstances constituting default and consequences thereof
12. Lender's Rights and Remedies: Powers and rights of the lender upon default, including power of sale
13. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Guarantees: Required when there are guarantors securing the loan obligations
2. Insurance Requirements: Detailed insurance obligations when specific insurance types are required beyond standard property insurance
3. Construction Covenants: Required for construction loans or when property improvements are part of the loan purpose
4. Multiple Securities: Required when multiple properties or other assets are provided as security
5. Cross-Collateralization: Used when the mortgage secures other obligations beyond this specific loan
6. Specific Purpose Covenants: Required for loans with specific purposes (e.g., business, development)
7. Property Lease Provisions: Required when the secured property is or may be leased
8. Priority Arrangements: Required when there are multiple security holders or ranking arrangements
1. Schedule 1 - Property Description: Legal description of the mortgaged property including title references
2. Schedule 2 - Payment Schedule: Detailed repayment schedule including payment dates and amounts
3. Schedule 3 - Loan Terms Summary: Summary of key financial terms as required by CCCFA disclosure requirements
4. Schedule 4 - Special Conditions: Any special or non-standard conditions applying to the loan
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
6. Schedule 6 - Fees and Charges: Complete schedule of all applicable fees and charges
7. Appendix A - Form of Drawdown Notice: Template for requesting loan drawdowns
8. Appendix B - Direct Debit Authority: Form for setting up automatic payment arrangements
Authors
Advance
Agreement
Annual Interest Rate
Approved Purpose
Authorised Person
Available Facility
Balance Outstanding
Bank Account
Borrower
Business Day
Commitment
Conditions Precedent
Default
Default Interest
Default Interest Rate
Default Notice
Drawdown
Drawdown Date
Drawdown Notice
Due Date
Encumbrance
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Statements
Government Agency
Guarantee
Guarantor
Improvements
Independent Legal Advice
Insolvency Event
Insurance Policy
Interest Payment Date
Interest Period
Interest Rate
Land
Legal Rights
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Mortgage
Mortgaged Property
Payment Date
Permitted Security Interest
Personal Property Securities Register
Principal
Property
Rate
Receiver
Related Company
Relevant Documents
Repayment Date
Repayment Schedule
Security
Security Interest
Security Provider
Term
Title Documents
Transaction Documents
Unpaid Amount
Interest and Payments
Security Creation
Property Obligations
Drawdown Conditions
Representations and Warranties
Borrower Covenants
Financial Covenants
Insurance
Events of Default
Enforcement Rights
Power of Attorney
Assignment and Transfer
Guarantee
Property Maintenance
Rates and Outgoings
Default Interest
Prepayment
Fees and Costs
Further Assurance
Notice Requirements
Information Undertakings
Cross Default
Priority and Ranking
Acceleration
Set-off Rights
Amendment and Waiver
Severability
Counterparts
Governing Law
Dispute Resolution
Confidentiality
Force Majeure
Anti-Money Laundering
Privacy and Data Protection
Banking
Financial Services
Real Estate
Property Development
Construction
Commercial Property
Residential Property
Legal Services
Mortgage Broking
Investment
Legal
Credit
Risk Management
Compliance
Loan Operations
Property Finance
Commercial Banking
Retail Banking
Real Estate Finance
Documentation
Mortgage Operations
Security Administration
Loan Officer
Credit Manager
Mortgage Specialist
Legal Counsel
Compliance Officer
Risk Manager
Property Manager
Commercial Banker
Retail Banking Manager
Credit Analyst
Underwriter
Relationship Manager
Banking Executive
Finance Manager
Real Estate Manager
Property Developer
Chief Risk Officer
Chief Legal Officer
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