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Second Mortgage Agreement
"I need a Second Mortgage Agreement for a residential property in California, with a loan amount of $150,000 and a 15-year term, including specific cross-default provisions with the existing first mortgage held by Wells Fargo."
1. Parties: Identification of lender and borrower
2. Background: Context of the second mortgage and reference to first mortgage
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms
5. Security Interest: Description of property serving as collateral
6. Priority of Liens: Acknowledgment of first mortgage priority
7. Borrower's Covenants: Borrower's obligations and promises
8. Default Provisions: Events of default and remedies
9. Governing Law: Applicable jurisdiction and law
1. Insurance Requirements: Additional insurance requirements beyond first mortgage, used when additional coverage is required
2. Cross-Default Provisions: Relationship with first mortgage defaults, used when coordination with first mortgage is critical
3. Prepayment Terms: Terms for early repayment, used when prepayment penalties or terms differ from standard
1. Property Description: Legal description of mortgaged property
2. Payment Schedule: Detailed repayment schedule including dates and amounts
3. First Mortgage Details: Summary of first mortgage terms and lender information
4. Required Insurance: Detailed insurance requirements and minimum coverage amounts
Authors
Borrower
Business Day
Collateral
Default
Default Rate
Event of Default
First Mortgage
First Mortgage Holder
First Mortgage Loan
Interest Rate
Lender
Loan
Loan Amount
Loan Documents
Maturity Date
Mortgage
Mortgaged Property
Note
Obligations
Payment Date
Permitted Encumbrances
Principal Balance
Property
Repayment Schedule
Second Mortgage
Security Interest
Subordinate Lien
Term
Title
Title Insurance Policy
Interest Rate and Payment
Security Interest
Priority and Subordination
Property Description
Representations and Warranties
Borrower Covenants
Lender Rights
Default and Remedies
Insurance Requirements
Property Maintenance
Taxes and Assessments
Assignment and Transfer
Foreclosure Rights
Cross-Default
Notice Requirements
Amendment and Modification
Governing Law
Jurisdiction and Venue
Recording and Registration
Due on Sale
Acceleration
Prepayment
Escrow Requirements
Title Warranties
Severability
Successors and Assigns
Further Assurances
Survival
Entire Agreement
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