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Contract Of Real Estate Mortgage
"I need a Contract Of Real Estate Mortgage for a commercial property in Zurich, Switzerland, where the borrower is a Swiss GmbH and the lender is a major Swiss bank, with a loan value of 5 million CHF and a 15-year term starting March 2025."
1. Parties: Identification of the lender (mortgagee) and borrower (mortgagor), including full legal names, addresses, and registration details if applicable
2. Background: Context of the mortgage agreement, including property details and purpose of the loan
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Property Description: Detailed legal description of the mortgaged property, including land register details and property boundaries
5. Loan Amount and Terms: Principal amount, interest rate, payment schedule, and loan duration
6. Security Interest: Creation and scope of the mortgage security interest, including ranking of the mortgage
7. Borrower's Obligations: Maintenance of property, insurance requirements, payment obligations, and other ongoing duties
8. Events of Default: Circumstances constituting default and consequences thereof
9. Enforcement Rights: Lender's rights and remedies in case of default, including foreclosure procedures
10. Representations and Warranties: Statements of fact and guarantees by the borrower regarding property ownership, condition, and authority to enter agreement
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Insurance Requirements: Detailed section on insurance requirements when the lender has specific insurance demands beyond standard requirements
2. Environmental Matters: Section dealing with environmental liabilities when property has potential environmental risks
3. Property Use Restrictions: Specific restrictions on property use when required by lender or local regulations
4. Cross-Collateralization: Used when the mortgage is secured by multiple properties or linked to other credit facilities
5. Prepayment Provisions: Details of early repayment options and penalties when early repayment is permitted
6. Third Party Rights: Section addressing rights of tenants or other third parties when applicable
1. Property Details Schedule: Detailed technical description of property, including plans and boundaries
2. Payment Schedule: Amortization table showing payment dates, amounts, and interest calculations
3. Insurance Schedule: Details of required insurance coverage and terms
4. Land Register Extract: Current extract from the land register showing ownership and encumbrances
5. Property Valuation Report: Professional valuation report of the mortgaged property
6. Building Permits and Certificates: Copies of relevant building permits and certificates where applicable
Authors
Banking & Financial Services
Real Estate
Legal Services
Insurance
Construction & Development
Property Management
Mortgage Brokerage
Notarial Services
Property Valuation
Legal
Real Estate
Credit Risk
Compliance
Mortgage Operations
Property Services
Document Management
Client Relations
Loan Administration
Risk Assessment
Mortgage Officer
Real Estate Lawyer
Property Manager
Loan Officer
Compliance Officer
Risk Manager
Legal Counsel
Notary Public
Real Estate Agent
Credit Analyst
Banking Relationship Manager
Property Valuation Specialist
Mortgage Underwriter
Real Estate Portfolio Manager
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