The Promissory Note With Real Estate Mortgage is commonly used in England and Wales when securing a loan against real property. This document serves a dual purpose: it evidences the debt and creates security over property. It's particularly useful in private lending arrangements, property development financing, and situations where traditional mortgage products may not be suitable. The document must comply with English property law requirements and financial services regulations, particularly when used by regulated lenders. It includes detailed terms about the loan, property description, repayment terms, and enforcement rights.
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1. Parties: Identifies the lender and borrower with full legal names and addresses
2. Background: States the context of the loan and security arrangement
3. Definitions: Defines key terms used throughout the document
4. Promise to Pay: Details of the loan amount, interest rate, and payment terms
5. Security Grant: Creation of the mortgage/charge over the property
6. Property Description: Legal description of the mortgaged property
7. Covenants: Borrower's obligations regarding property maintenance and insurance
8. Default Provisions: Consequences of default and lender's remedies
9. Execution: Signature blocks and attestation requirements
1. Guarantor Provisions: Additional provisions that apply when there is a guarantor for the loan
2. Prepayment Terms: Provisions governing early repayment options and any associated penalties
3. Assignment Rights: Provisions governing the rights to assign or transfer the note or mortgage
1. Property Schedule: Detailed property description including title numbers and plans
2. Payment Schedule: Amortization table showing payment dates and amounts
3. Insurance Requirements: Specific insurance requirements for the property
4. Property Title Documents: Copies of relevant title documents and searches
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