The Property Collateral Agreement is a crucial document in secured lending transactions under English and Welsh law. It is typically used when a borrower offers real property as security for a loan or other obligations. The agreement details the specific property being offered as collateral, the secured obligations, enforcement rights, and the parties' respective obligations. This document must comply with strict legal requirements under English property law and usually requires registration at HM Land Registry. The Property Collateral Agreement is particularly important in commercial lending, property development, and investment transactions where significant assets are being used as security.
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1. Parties: Identification of all parties to the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the collateral property
5. Grant of Security: Terms of the security interest being created
6. Secured Obligations: Description of obligations being secured
7. Representations and Warranties: Statements of fact about the property and parties
8. Covenants: Ongoing obligations of the parties
9. Enforcement: Rights and procedures for enforcement
1. Insurance Provisions: Required when specific insurance arrangements need to be documented
2. Environmental Provisions: Environmental obligations and warranties for properties with potential environmental risks
3. Planning Permissions: Details of relevant planning permissions when property development is contemplated
4. Tenant Provisions: Provisions relating to existing tenancies when property is let to tenants
1. Property Schedule: Detailed legal description of the property including title numbers
2. Rights and Easements: Schedule of rights and easements affecting the property
3. Form of Notices: Standard form notices for various purposes
4. Existing Encumbrances: List of existing charges or encumbrances on the property
5. Plans: Property plans and drawings
Relevant legal definitions
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