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Mortgage And Security Agreement Template for Nigeria

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Key Requirements PROMPT example:

Mortgage And Security Agreement

"I need a Mortgage and Security Agreement for a commercial property in Lagos, Nigeria, involving a syndicate of three banks as lenders with a total facility of NGN 500 million, with the agreement to become effective from March 1, 2025."

Document background
The Mortgage and Security Agreement is a crucial document in Nigerian real estate financing, used when a borrower seeks to obtain financing secured against real property. This document is essential in both commercial and residential property transactions where financing is required. It must comply with Nigerian legal requirements, including the Land Use Act 1978, state property laws, and banking regulations. The agreement typically includes detailed provisions about the property, loan terms, security arrangements, covenants, and enforcement rights. It requires careful consideration of local requirements such as governor's consent for property transactions and registration with relevant land registries. The document serves multiple purposes: creating a legally enforceable security interest, protecting the lender's rights, establishing clear obligations for the borrower, and ensuring compliance with regulatory requirements.
Suggested Sections

1. Parties: Identification of the Mortgagor (borrower) and Mortgagee (lender) with full legal names and addresses

2. Background: Context of the mortgage arrangement, including reference to the loan agreement and purpose

3. Definitions: Definitions of key terms used throughout the agreement

4. The Loan: Details of the loan amount, interest rate, and repayment terms

5. Grant of Mortgage: Legal creation of the mortgage over the property

6. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority to mortgage, and absence of encumbrances

7. Covenants: Mortgagor's ongoing obligations regarding property maintenance, insurance, and payment

8. Security Provisions: Details of the security interest being created and what it covers

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale

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

Optional Sections

1. Guarantor Provisions: Required when there is a guarantor securing the mortgage obligations

2. Insurance Requirements: Detailed section needed when specific insurance arrangements are required beyond standard provisions

3. Assignment and Transfer: Include when the mortgage may be securitized or transferred to other lenders

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

5. Environmental Matters: Include for commercial properties or where environmental risks are significant

6. Construction Provisions: Required for properties under construction or renovation

7. Islamic Banking Provisions: Include when the mortgage needs to comply with Islamic banking principles

Suggested Schedules

1. Property Description: Detailed legal description of the mortgaged property including title details and registration particulars

2. Payment Schedule: Detailed breakdown of loan repayment schedule including principal and interest payments

3. Permitted Security Interests: List of any pre-existing or permitted encumbrances on the property

4. Form of Notice: Standard forms for various notices required under the agreement

5. Insurance Requirements: Detailed specifications for required insurance coverage

6. Required Consents: List of necessary governmental and regulatory approvals, including Governor's Consent requirements

7. Property Documents: List of title documents, surveys, and other property-related 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

Real Estate

Financial Services

Construction

Housing Development

Commercial Property

Residential Property

Insurance

Legal Services

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Property Finance

Securities Documentation

Mortgage Operations

Property Management

Title Registration

Loan Administration

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Mortgage Officer

Credit Risk Manager

Banking Executive

Property Developer

Compliance Officer

Real Estate Finance Manager

Title Registration Officer

Security Documentation Specialist

Property Finance Manager

Loan Officer

Real Estate Investment 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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