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Holding Mortgage Agreement Template for Canada

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Key Requirements PROMPT example:

Holding Mortgage Agreement

"I need a Holding Mortgage Agreement for a commercial property development in Ontario, where ABC Bank will hold a $5 million mortgage as security for future construction advances to XYZ Developments Ltd., with the first advance expected in March 2025."

Document background
The Holding Mortgage Agreement is a crucial document in Canadian real estate financing, used when parties need to secure future obligations or potential advancements against real property. This agreement type is particularly valuable in development projects, refinancing arrangements, or complex commercial transactions where the full extent of the financing may not be immediately determined. The document must comply with both federal banking regulations and provincial property laws, as real estate matters in Canada are primarily governed by provincial legislation. A Holding Mortgage Agreement typically includes comprehensive details about the property, security arrangements, future obligations, release conditions, and enforcement mechanisms. It serves as a flexible security instrument that protects the lender's interests while providing structure for future financial arrangements with the borrower.
Suggested Sections

1. Parties: Identification of the Lender, Borrower, and any other relevant parties

2. Background: Context of the agreement, including purpose of the holding mortgage

3. Definitions: Key terms used throughout the agreement

4. Property Details: Legal description and details of the mortgaged property

5. Mortgage Terms: Principal amount, interest rate, and term of the mortgage

6. Security Interest: Nature and extent of the security interest being created

7. Holding Provisions: Specific terms and conditions of the holding arrangement

8. Covenants: Borrower's promises and obligations under the mortgage

9. Representations and Warranties: Statements of fact and assurances by the borrower

10. Events of Default: Circumstances constituting default and consequences

11. Remedies: Lender's rights and remedies upon default

12. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Guarantor Provisions: Required when there are third-party guarantors for the mortgage

2. Multiple Properties: Required when the mortgage covers more than one property

3. Insurance Requirements: Detailed insurance obligations beyond standard requirements

4. Environmental Matters: Required for commercial properties or when environmental concerns exist

5. Assignment and Transfer: Required when assignment rights need specific regulation

6. Priority Arrangements: Required when there are multiple charges or lenders

7. Special Purpose Entity Provisions: Required when the borrower is a special purpose vehicle

8. Cross-Default Provisions: Required when linking defaults with other agreements

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the mortgaged property

2. Schedule B - Payment Terms: Detailed payment schedule and interest calculations

3. Schedule C - Permitted Encumbrances: List of approved existing charges or encumbrances

4. Schedule D - Additional Security: Details of any additional security or collateral

5. Schedule E - Special Conditions: Any special terms or conditions of the holding arrangement

6. Schedule F - Insurance Requirements: Detailed insurance requirements and minimum coverage

7. Appendix 1 - Standard Charge Terms: Standard mortgage terms as required by provincial legislation

8. Appendix 2 - Supporting Documents: List of required supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses








































Relevant Industries

Banking & Financial Services

Real Estate

Commercial Property Development

Construction

Property Investment

Mortgage Lending

Legal Services

Property Management

Relevant Teams

Legal

Commercial Lending

Real Estate Finance

Credit Risk

Compliance

Property Services

Transaction Management

Document Management

Mortgage Administration

Investment Analysis

Relevant Roles

Mortgage Officer

Real Estate Lawyer

Commercial Banking Manager

Property Development Manager

Credit Risk Manager

Legal Counsel

Mortgage Underwriter

Commercial Lending Officer

Real Estate Investment Manager

Compliance Officer

Property Finance Manager

Transaction Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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