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Contract Of Real Estate Mortgage
"I need a Contract of Real Estate Mortgage for a residential property in Hong Kong's New Territories, with a loan amount of HKD 5 million and standard bank mortgage terms, to be executed by March 2025."
1. Parties: Identification of the mortgagor (property owner) and mortgagee (lender), including full legal names, addresses, and registration numbers for corporate entities
2. Background: Context of the mortgage agreement, including reference to the underlying loan agreement and property purchase if applicable
3. Definitions: Definitions of key terms used throughout the document, including 'Property', 'Mortgage', 'Secured Obligations', and 'Events of Default'
4. Property Details: Full legal description of the mortgaged property, including lot number, address, and registration particulars
5. Creation of Security: Legal provisions creating the mortgage and charging the property as security
6. Secured Obligations: Definition and scope of the obligations secured by the mortgage, including principal, interest, and other secured amounts
7. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to mortgage, and absence of encumbrances
8. Covenants: Mortgagor's obligations including property maintenance, insurance, payment of rates and taxes, and restrictions on dealing with the property
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale and appointment of receiver
11. Costs and Expenses: Allocation of costs related to preparation, execution, and enforcement of the mortgage
12. Notices: Requirements for giving valid notices under the mortgage
13. Assignment and Transfer: Provisions regarding the mortgagee's right to assign or transfer the mortgage
14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and submission to Hong Kong courts
1. Multiple Properties: Additional provisions for mortgages covering multiple properties, including cross-collateralization provisions
2. Property Management: Specific provisions for properties subject to management agreements or tenant leases
3. Construction Provisions: Special provisions for properties under construction or development
4. Government Lease Conditions: Special provisions for properties subject to specific government lease conditions
5. Foreign Currency Provisions: Additional provisions for mortgages securing foreign currency loans
6. Guarantor Provisions: Provisions relating to any guarantors of the mortgage obligations
7. Subordination Provisions: Provisions dealing with priority of security interests where multiple mortgages exist
1. Property Schedule: Detailed property description including boundary plans and government lease particulars
2. Secured Obligations Schedule: Details of the loan agreement and other secured obligations
3. Insurance Requirements: Specific requirements for property insurance coverage
4. Form of Notice: Standard forms for various notices required under the mortgage
5. Existing Tenancies: Details of any existing tenancy agreements affecting the property
6. Special Conditions: Any special conditions or restrictions affecting the property
7. Powers of Attorney: Forms of power of attorney granted to the mortgagee
Authors
Banking
Real Estate
Financial Services
Property Development
Construction
Legal Services
Insurance
Property Management
Mortgage Broking
Legal
Credit Risk
Real Estate
Compliance
Property Finance
Mortgage Operations
Documentation
Security
Valuations
Client Relations
Legal Counsel
Property Lawyer
Mortgage Officer
Credit Risk Manager
Real Estate Manager
Compliance Officer
Property Finance Manager
Banking Relationship Manager
Legal Documentation Specialist
Property Valuation Officer
Mortgage Underwriter
Real Estate Transaction Manager
Security Documentation Officer
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