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Loan And Mortgage Agreement
"I need a Loan and Mortgage Agreement for a commercial property purchase of NZD 2.5 million, with the loan to be disbursed by March 2025, including specific provisions for property development and staged drawdown conditions."
1. Parties: Identifies the lender, borrower, and any guarantors with their full legal names and addresses
2. Background: Sets out the context of the loan and security arrangement, including the purpose of the loan and the property being mortgaged
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Details: Specifies the loan amount, interest rate, term, and repayment schedule
5. Security Arrangements: Details of the mortgage security, including property description and nature of the security interest
6. Borrower's Covenants: The borrower's obligations including payment, property maintenance, insurance, and compliance with laws
7. Representations and Warranties: Statements of fact and assurances given by the borrower regarding their situation and the security property
8. Events of Default: Circumstances that constitute default and trigger enforcement rights
9. Lender's Rights and Remedies: Actions the lender can take in case of default, including power of sale
10. Costs and Expenses: Allocation of costs related to the loan and mortgage, including setup fees and enforcement costs
11. General Provisions: Standard clauses covering assignments, notices, amendments, governing law, and dispute resolution
1. Guarantor Provisions: Required when there are guarantors, setting out their obligations and the extent of their liability
2. Construction Provisions: Used when the loan is for property construction, including drawdown conditions and construction requirements
3. Multiple Securities: Required when multiple properties are offered as security for the loan
4. Interest Rate Switch Options: Included when the agreement allows for switching between fixed and floating rates
5. Prepayment Provisions: Detailed terms for early repayment, including any penalties or break fees
6. Cross-Collateralization: Used when the mortgage secures other facilities or obligations beyond this specific loan
7. Property Development Conditions: Required for loans funding property development, including specific conditions and reporting requirements
1. Schedule 1 - Property Details: Detailed legal description of the mortgaged property, including title references
2. Schedule 2 - Payment Schedule: Detailed repayment schedule including payment dates, amounts, and amortization table
3. Schedule 3 - Fees and Charges: Comprehensive list of all applicable fees and charges
4. Schedule 4 - Insurance Requirements: Specific insurance requirements for the secured property
5. Schedule 5 - Special Conditions: Any special conditions or variations to standard terms
6. Appendix A - Property Valuation: Current valuation report for the security property
7. Appendix B - Required Insurances: Copies of insurance certificates and policies
8. Appendix C - Guarantor Documents: Additional documents related to guarantors if applicable
Authors
Agreement
Applicable Law
Approved Purpose
Borrower
Business Day
Conditions Precedent
Default Interest Rate
Default Event
Drawdown Date
Encumbrance
Facility
Final Repayment Date
Financial Indebtedness
Fixed Interest Rate
Floating Interest Rate
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Land
Legal Rights
Lender
Loan
Loan Amount
Material Adverse Effect
Mortgage
Mortgaged Property
Outstanding Amount
Payment Date
Permitted Security Interest
Principal
Property
Rate Reset Date
Related Documents
Repayment Schedule
Security
Security Interest
Settlement Date
Secured Money
Secured Obligations
Term
Title Documents
Total Amount Owing
Valuation
Variable Rate
Interest and Interest Rates
Repayment Terms
Security Creation
Property Charges
Insurance Requirements
Representations and Warranties
Borrower Covenants
Lender Covenants
Default Events
Enforcement Rights
Assignment and Transfer
Costs and Expenses
Payments and Calculations
Property Maintenance
Notices
Confidentiality
Data Protection
Force Majeure
Governing Law
Dispute Resolution
Amendment and Variation
Severability
Entire Agreement
Further Assurance
Electronic Execution
Set-off Rights
Cross-Default
Acceleration
Indemnification
Guarantees
Due Diligence
Property Valuation
Compliance with Laws
Financial Reporting
Registration and Priority
Banking
Financial Services
Real Estate
Property Development
Construction
Legal Services
Insurance
Mortgage Broking
Property Investment
Legal
Credit
Compliance
Risk Management
Mortgage Operations
Commercial Banking
Retail Banking
Document Processing
Property Finance
Customer Relations
Loan Administration
Security Processing
Credit Manager
Loan Officer
Mortgage Specialist
Legal Counsel
Compliance Officer
Risk Manager
Property Valuer
Financial Advisor
Lending Manager
Credit Analyst
Commercial Banking Manager
Retail Banking Manager
Legal Document Specialist
Property Finance Manager
Mortgage Broker
Banking Relationship Manager
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