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Land Mortgage Agreement
"I need a Land Mortgage Agreement for a commercial property in Kuala Lumpur, Malaysia, to be used as security for a RM 5 million business loan that will be disbursed in March 2025; the agreement should include specific provisions for the property's ongoing commercial use as a retail space."
1. Parties: Identification of the Chargor (borrower/property owner) and Chargee (bank/financial institution)
2. Background: Context of the mortgage arrangement, including reference to the facility agreement and purpose of the charge
3. Definitions: Definitions of key terms used throughout the agreement, including statutory terms from the National Land Code
4. Creation of Charge: Express provision creating the legal charge over the property in accordance with the National Land Code
5. Security: Description of the secured property and the obligations being secured
6. Representations and Warranties: Chargor's declarations regarding ownership, authority, and property status
7. Chargor's Covenants: Obligations of the Chargor including property maintenance, insurance, and payment obligations
8. Events of Default: Circumstances constituting default and triggering enforcement rights
9. Chargee's Rights and Remedies: Rights of the Chargee upon default, including power of sale and appointment of receivers
10. Continuing Security: Provisions ensuring the charge remains effective until all secured obligations are fulfilled
11. Notices: Requirements for valid service of notices between parties
12. Governing Law and Jurisdiction: Confirmation of Malaysian law application and jurisdiction
1. Assignment and Transfer: Required if the Chargee wishes to reserve the right to assign or transfer its rights under the mortgage
2. Islamic Banking Provisions: Required if the mortgage is structured as an Islamic banking facility
3. Strata Title Provisions: Required if the charged property is under strata title
4. Multiple Chargors: Required if there are multiple property owners creating the charge
5. Construction Provisions: Required if the property is under construction or development
6. Foreign Investment Provisions: Required if the Chargor is a foreign entity or person
1. Property Schedule: Detailed description of the charged property including title particulars as per the land title
2. Facility Terms Schedule: Details of the facility agreement including amount, interest rate, and payment terms
3. Insurance Schedule: Requirements for property insurance including minimum coverage
4. Form 16A: Statutory form for registration of charge under the National Land Code
5. Powers of Attorney: Standard powers of attorney granted to the Chargee for enforcement purposes
6. Special Conditions: Any special conditions or requirements specific to the property or facility
Authors
Banking & Finance
Real Estate
Property Development
Islamic Banking
Legal Services
Construction
Housing Development
Legal
Credit Risk
Compliance
Real Estate
Islamic Banking
Document Processing
Property Valuation
Credit Administration
Relationship Management
Title Registration
Legal Counsel
Banking Officer
Mortgage Officer
Property Lawyer
Real Estate Manager
Credit Risk Officer
Compliance Officer
Property Valuer
Islamic Banking Officer
Land Administrator
Title Search Officer
Document Executive
Relationship Manager
Credit Analysis Manager
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