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Mortgage Note And Deed Template for Germany

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Key Requirements PROMPT example:

Mortgage Note And Deed

"I need a Mortgage Note and Deed under German law for a €5 million commercial property in Berlin, with syndicated lending from three banks and cross-collateralization provisions, to be executed by March 2025."

Document background
The Mortgage Note And Deed is a fundamental document in German real estate financing, used whenever a property is offered as security for a loan. This document serves dual purposes: creating the security interest (Grundschuld) and establishing the contractual framework between the parties. It must comply with strict German legal requirements, including notarization and registration in the land register (Grundbuch). The document contains essential information about the property, parties involved, secured amount, interest rates, and enforcement provisions. It's particularly important in both residential and commercial property transactions, providing the lender with security while establishing the borrower's obligations. The document's format and content are heavily regulated by German property law, banking regulations, and notarial requirements.
Suggested Sections

1. Parties: Identification of the lender (mortgagee), borrower (mortgagor), and any guarantors, including full legal names, addresses, and registration details for entities

2. Property Details: Detailed description of the mortgaged property, including land register details (Grundbuch), plot numbers, and exact location

3. Mortgage Amount and Terms: Specification of the mortgage amount, interest rate, and payment terms

4. Creation of Mortgage: Legal declaration creating the mortgage (Grundschuld) and specifying its rank in the land register

5. Security Purpose Declaration: Declaration of the security purpose (Sicherungszweckerklärung) defining the secured claims

6. Immediate Enforceability: Submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung)

7. Assignment and Transfer Rights: Provisions regarding the transfer and assignment of the mortgage

8. Insurance Requirements: Obligations regarding property insurance and assignment of insurance claims

9. Property Maintenance Obligations: Borrower's obligations regarding property maintenance and use

10. Default Provisions: Consequences of default and enforcement rights

Optional Sections

1. Multiple Properties: Additional section when the mortgage covers multiple properties, detailing each property and cross-collateralization

2. Prepayment Terms: Terms and conditions for early repayment, including any prepayment penalties

3. Third-Party Rights: Provisions dealing with existing tenants or other third-party rights affecting the property

4. Construction Provisions: Specific provisions for properties under construction or renovation

5. Foreign Currency Provisions: Special provisions when the mortgage is denominated in a currency other than Euro

6. Environmental Warranties: Additional warranties and obligations regarding environmental conditions of the property

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including plans, boundaries, and building specifications

2. Payment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Land Register Extract: Current extract from the land register (Grundbuchauszug)

4. Insurance Certificates: Copies of required insurance policies and certificates

5. Property Valuation Report: Professional valuation report of the property

6. Prior Rankings Declaration: Documentation of any prior ranking rights or encumbrances on the property

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

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Relevant Industries

Banking & Financial Services

Real Estate

Construction

Legal Services

Insurance

Property Development

Residential Housing

Commercial Property

Agriculture (for agricultural land mortgages)

Hospitality (for hotel properties)

Relevant Teams

Legal

Real Estate

Credit Risk

Mortgage Operations

Property Finance

Compliance

Document Management

Credit Administration

Property Services

Transaction Management

Relevant Roles

Real Estate Lawyer

Banking Lawyer

Mortgage Advisor

Real Estate Manager

Property Finance Manager

Credit Risk Officer

Legal Counsel

Notary

Property Valuer

Mortgage Underwriter

Real Estate Transaction Manager

Banking Compliance Officer

Property Portfolio 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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