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Purchase Money Mortgage Agreement
"I need a Purchase Money Mortgage Agreement for a commercial property in Ontario, where the seller is providing 75% financing over 15 years with quarterly payments starting March 2025, and the property will be used as a manufacturing facility with specific environmental compliance requirements."
1. Parties: Identification of the mortgagor (borrower) and mortgagee (lender), including full legal names and addresses
2. Background: Context of the transaction, including the purchase of the property and the agreement to provide purchase money financing
3. Definitions: Key terms used throughout the agreement, including Property, Principal Amount, Interest Rate, and Payment Terms
4. The Loan: Details of the loan amount, purpose, and disbursement conditions
5. Interest Rate and Payment Terms: Specification of interest rate, calculation method, payment amounts, frequency, and due dates
6. Security: Description of the property being mortgaged and confirmation of the security interest
7. Property Details: Legal description of the property and any included fixtures or improvements
8. Borrower's Covenants: Promises and obligations of the borrower, including property maintenance, insurance, and tax payments
9. Representations and Warranties: Statements of fact by the borrower regarding their ability to enter into the agreement and the status of the property
10. Default and Remedies: Events constituting default and the lender's rights and remedies upon default
11. Insurance Requirements: Specific insurance obligations and requirements for the property
12. Property Taxes: Obligations regarding payment of property taxes and any tax escrow requirements
13. Assignment and Transfer: Terms governing the transfer or assignment of the mortgage by either party
14. Notice Requirements: How and where formal notices must be given between parties
15. General Provisions: Standard contract clauses including governing law, severability, and entire agreement
1. Guarantor Provisions: Required when there are third-party guarantors for the mortgage obligation
2. Prepayment Privileges: Details of any special prepayment rights or programs offered to the borrower
3. Property Management: Required for commercial properties or when specific management obligations are imposed
4. Environmental Matters: Required for commercial properties or when environmental concerns exist
5. Construction Provisions: Required when the property is under construction or significant renovations are planned
6. Rental Provisions: Required when the property includes rental units or will be used as a rental property
7. Condominium Provisions: Required when the mortgaged property is a condominium unit
8. Future Advances: Required when the mortgage may secure future loans or advances
9. Cross-Collateralization: Required when multiple properties secure the loan or multiple loans are secured by the property
1. Schedule A - Legal Description: Detailed legal description of the mortgaged property
2. Schedule B - Payment Schedule: Amortization schedule showing payment amounts, dates, and allocation between principal and interest
3. Schedule C - Permitted Encumbrances: List of approved existing liens, easements, or other encumbrances on the property
4. Schedule D - Insurance Requirements: Detailed specifications for required insurance coverage
5. Schedule E - Standard Charge Terms: Standard mortgage terms and conditions as required by provincial legislation
6. Appendix 1 - Property Condition Report: Detailed description of the property's condition at the time of mortgage
7. Appendix 2 - Cost of Borrowing Disclosure: Federally required disclosure of all borrowing costs and APR calculations
Authors
Real Estate
Banking & Financial Services
Insurance
Legal Services
Property Development
Mortgage Lending
Construction
Property Management
Real Estate Investment
Legal
Real Estate
Mortgage Operations
Risk Management
Compliance
Credit Analysis
Property Management
Investment
Document Management
Real Estate Operations
Real Estate Lawyer
Mortgage Specialist
Property Manager
Real Estate Agent
Financial Advisor
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Real Estate Developer
Investment Manager
Property Developer
Title Officer
Mortgage Underwriter
Real Estate Investment Manager
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