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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."
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
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
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
Banking & Financial Services
Real Estate
Commercial Property Development
Construction
Property Investment
Mortgage Lending
Legal Services
Property Management
Legal
Commercial Lending
Real Estate Finance
Credit Risk
Compliance
Property Services
Transaction Management
Document Management
Mortgage Administration
Investment Analysis
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
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