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Land Mortgage Agreement
"I need a Land Mortgage Agreement for a commercial property in Dubai Marina, with a mortgage value of AED 15 million, where the mortgagee is an Islamic bank requiring Sharia-compliant terms and the property is currently under development with completion expected in March 2025."
1. Parties: Identification of the Mortgagor (property owner), Mortgagee (lender), and any other relevant parties with their full legal names and details as required by UAE law
2. Background: Context of the mortgage agreement, including reference to the underlying loan or facility agreement
3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms specific to UAE property and mortgage law
4. Property Details: Comprehensive description of the mortgaged property, including its location, dimensions, and registration details as per UAE land department requirements
5. Mortgage Creation: Express creation of the mortgage, specifying the security interest being granted over the property
6. Secured Obligations: Details of the debt or obligations secured by the mortgage, including principal amount, interest, and other secured amounts
7. Registration and Perfection: Requirements and procedures for registering the mortgage with relevant authorities as per UAE law
8. Representations and Warranties: Standard and property-specific representations and warranties from the Mortgagor
9. Mortgagor's Covenants: Ongoing obligations of the Mortgagor regarding property maintenance, insurance, and compliance with laws
10. Events of Default: Circumstances constituting default and triggering enforcement rights
11. Enforcement Rights: Mortgagee's rights and remedies upon default, compliant with UAE enforcement procedures
12. Powers of Attorney: Irrevocable powers granted to the Mortgagee for mortgage enforcement
13. Costs and Expenses: Allocation of costs related to the mortgage, including registration fees and enforcement expenses
14. Notices: Process for serving notices between parties
15. Governing Law and Jurisdiction: Confirmation of UAE law governance and jurisdiction of UAE courts
1. Islamic Finance Provisions: Required when the mortgage is part of an Islamic financing structure, ensuring Shariah compliance
2. Third Party Rights: Needed when there are existing tenants or other third-party interests in the property
3. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard requirements
4. Property Management: Required for commercial properties or when specific management arrangements are needed
5. Environmental Matters: Necessary for industrial properties or where environmental risks exist
6. Development Obligations: Required when the property is under development or future development is contemplated
7. Multiple Properties: Additional provisions when the mortgage covers multiple properties
1. Property Description Schedule: Detailed technical description of the property including boundaries, plot numbers, and official registration details
2. Title Documents: List and copies of relevant title documents and registration certificates
3. Form of Notices: Standard forms for various notices required under the agreement
4. Existing Encumbrances: Details of any existing charges, easements, or other encumbrances affecting the property
5. Insurance Requirements: Detailed specifications for required insurance coverage
6. Form of Power of Attorney: Template for the irrevocable power of attorney required for registration and enforcement
7. Payment Schedule: Details of payment obligations if not covered in a separate facility agreement
Authors
Banking & Financial Services
Real Estate
Construction & Development
Islamic Finance
Insurance
Legal Services
Property Management
Commercial Real Estate
Residential Real Estate
Infrastructure Development
Legal
Real Estate
Credit Risk
Compliance
Islamic Banking
Property Finance
Documentation
Risk Management
Corporate Banking
Retail Banking
Legal Counsel
Real Estate Manager
Mortgage Officer
Property Finance Manager
Compliance Officer
Risk Manager
Real Estate Director
Banking Relationship Manager
Property Lawyer
Financial Controller
Credit Risk Officer
Islamic Finance Specialist
Property Registration Officer
Real Estate Transaction Manager
Legal Documentation Specialist
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