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1. Parties: Identification of the seller and purchaser of the mortgage, including their full legal names, registration numbers, and addresses
2. Background: Context of the transaction, including brief description of the existing mortgage and the parties' intention to transfer it
3. Definitions: Key terms used throughout the agreement, including technical banking and real estate terms specific to Austrian law
4. Subject Matter of Purchase: Detailed description of the mortgage being sold, including the underlying property details and current borrower information
5. Purchase Price and Payment: The agreed purchase price for the mortgage, payment terms, and method of payment
6. Transfer of Rights: Legal mechanics of transferring the mortgage rights, including requirements under Austrian law and land registry procedures
7. Seller's Representations and Warranties: Warranties regarding the validity of the mortgage, absence of defaults, and accuracy of provided information
8. Purchaser's Representations and Warranties: Confirmations regarding the purchaser's authority and capability to acquire the mortgage
9. Conditions Precedent: Requirements that must be satisfied before the transfer becomes effective
10. Completion Requirements: Steps required to complete the transfer, including registration requirements and notifications
11. Costs and Taxes: Allocation of transaction costs, stamp duties, and registration fees
12. Notices: Communication procedures between parties and required notifications to third parties
13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements
1. Due Diligence Findings: Used when specific findings from due diligence need to be addressed or when warranties are qualified by due diligence results
2. Borrower Consent: Required when the underlying mortgage agreement or Austrian law requires borrower consent for the transfer
3. Portfolio Sale Provisions: Included when the transaction involves multiple mortgages being sold as a portfolio
4. Regulatory Compliance: Additional provisions when either party is a regulated entity requiring specific compliance measures
5. Post-Completion Servicing: Included when arrangements for ongoing mortgage servicing need to be addressed
6. Foreign Party Provisions: Required when either party is not Austrian, addressing specific foreign investment requirements
7. Default Interest Provisions: Specific provisions for handling any accrued default interest on the mortgage
8. Insurance Assignment: Provisions for transferring related insurance policies when applicable
1. Schedule 1 - Mortgage Details: Detailed description of the mortgage, including loan amount, interest rate, term, and payment schedule
2. Schedule 2 - Property Description: Legal description of the mortgaged property, including land register details
3. Schedule 3 - Outstanding Amount Calculation: Detailed calculation of the current outstanding amount under the mortgage
4. Schedule 4 - Transfer Documents: Forms and documents required for land registry and other administrative transfers
5. Schedule 5 - Due Diligence Documents: List of documents provided during due diligence
6. Appendix A - Completion Checklist: Checklist of actions required to complete the transfer
7. Appendix B - Required Notices: Template notices to be sent to the borrower and other relevant parties
8. Appendix C - Power of Attorney: If required, form of power of attorney for registration purposes
Banking
Financial Services
Real Estate
Investment Management
Legal Services
Insurance
Property Development
Mortgage Lending
Asset Management
Legal
Compliance
Risk Management
Real Estate
Corporate Banking
Investment Banking
Portfolio Management
Asset Management
Credit Risk
Transaction Management
Due Diligence
Corporate Finance
Legal Counsel
Banking Officer
Mortgage Officer
Real Estate Manager
Compliance Officer
Risk Manager
Portfolio Manager
Transaction Manager
Finance Director
Chief Legal Officer
Investment Manager
Asset Manager
Due Diligence Specialist
Credit Risk Officer
Corporate Banker
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