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Mortgage And Security Agreement
1. Parties: Identification of the mortgagor, mortgagee, and any guarantors
2. Background: Context of the mortgage agreement, including the underlying loan or credit facility
3. Definitions: Key terms used throughout the agreement, including property description, secured obligations, and technical terms
4. The Loan: Details of the loan amount, interest rate, repayment terms, and payment schedule
5. Grant of Security: Creation and scope of the security interest over the property
6. Property Description: Detailed legal description of the mortgaged property including cadastral details
7. Secured Obligations: Definition and scope of the obligations secured by the mortgage
8. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority, and absence of encumbrances
9. Mortgagor's Covenants: Ongoing obligations regarding property maintenance, insurance, and compliance with laws
10. Insurance Requirements: Mandatory insurance coverage and requirements for the mortgaged property
11. Events of Default: Circumstances constituting default and triggering enforcement rights
12. Enforcement Rights: Mortgagee's rights and remedies upon default, including foreclosure procedures
13. Costs and Expenses: Allocation of costs related to the mortgage, registration, and enforcement
14. Notices: Communication requirements and contact details for formal notices
15. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
16. Execution: Signature blocks and execution requirements
1. Guarantees: Required when third-party guarantees secure the mortgage obligations
2. Priority Agreement: Needed when there are multiple mortgages or security interests requiring priority arrangements
3. Property Management: Required for commercial properties with specific management requirements
4. Environmental Provisions: Necessary for properties with environmental risks or obligations
5. Tenant Provisions: Required when the property is or may be leased
6. Construction Provisions: Needed for properties under construction or planned renovation
7. Assignment and Transfer: Required when transfer rights need specific regulation
8. Currency Provisions: Necessary for mortgages involving multiple currencies
1. Property Details: Detailed property description, including maps and cadastral information
2. Payment Schedule: Detailed amortization schedule and payment terms
3. Insurance Requirements: Specific insurance requirements and minimum coverage amounts
4. Form of Notice: Template forms for various notices under the agreement
5. Existing Encumbrances: List of existing mortgages, easements, or other encumbrances
6. Property Valuation: Professional valuation report and methodology
7. Due Diligence Reports: Technical and legal due diligence findings
8. Power of Attorney: Form of power of attorney for enforcement purposes
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