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Promissory Note Secured By Real Property for Nigeria

Promissory Note Secured By Real Property Template for Nigeria

A legal document governed by Nigerian law that combines a promissory note with real property security, creating a binding obligation for the repayment of a specified sum while using real property as collateral. The document complies with both Nigerian negotiable instruments law and property law, incorporating elements of the Bills of Exchange Act and Land Use Act. It establishes payment terms, interest calculations, and enforcement mechanisms while properly documenting the security interest in the real property, making it a robust instrument for secured lending transactions in Nigeria.

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Promissory Note Secured By Real Property

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What is a Promissory Note Secured By Real Property?

The Promissory Note Secured By Real Property is a specialized financial instrument used in Nigerian lending transactions where real property serves as collateral for a debt obligation. This document is particularly useful in situations requiring a formal debt instrument with strong security backing, commonly used in both commercial and private lending scenarios. It must comply with Nigerian federal and state laws, including the Bills of Exchange Act, Land Use Act, and relevant property registration requirements. The document includes detailed payment obligations, property descriptions, security creation, and enforcement mechanisms. It's typically used in mortgage lending, commercial property financing, and other secured lending transactions where the lender requires both a negotiable debt instrument and a security interest in real property. The document provides protection for lenders while giving borrowers access to financing using their property assets as security.

What sections should be included in a Promissory Note Secured By Real Property?

1. Parties: Identification of the Maker (borrower/property owner) and Payee (lender), including full legal names and addresses

2. Background: Brief context of the loan arrangement and security agreement

3. Definitions: Key terms used throughout the document, including 'Property', 'Security Interest', 'Event of Default', etc.

4. Promise to Pay: Unconditional promise to pay a specific sum, with interest rate and payment schedule

5. Interest Rate and Calculations: Detailed specification of interest rate, calculation method, and compound periods

6. Payment Terms: Schedule of payments, payment methods, and allocation of payments between principal and interest

7. Security Interest: Creation and terms of the security interest in the real property

8. Property Description: Legal description of the real property serving as security

9. Representations and Warranties: Maker's declarations regarding property ownership, authority to pledge, and absence of other encumbrances

10. Events of Default: Circumstances constituting default and triggering enforcement rights

11. Remedies: Payee's rights and remedies upon default, including property enforcement

12. Notice Requirements: Process and requirements for serving notices between parties

13. Governing Law: Specification of Nigerian law as governing law and jurisdiction

What sections are optional to include in a Promissory Note Secured By Real Property?

1. Prepayment Terms: Include when early payment is allowed, specifying any penalties or conditions

2. Insurance Requirements: Include when specific insurance coverage for the property is required

3. Property Maintenance Obligations: Include when specific requirements for maintaining the property value are needed

4. Assignment and Transfer: Include when the note is intended to be negotiable or transferable

5. Late Payment Penalties: Include when specific penalties for late payments are to be imposed

6. Tax Provisions: Include when specific arrangements regarding property taxes are required

7. Cross-Default Provisions: Include when the note is part of a larger financing arrangement

8. Force Majeure: Include when specific circumstances excusing performance need to be addressed

What schedules should be included in a Promissory Note Secured By Real Property?

1. Schedule A - Property Details: Detailed legal description of the property, including survey details and title information

2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment dates and breakdowns

3. Schedule C - Insurance Requirements: Specific insurance requirements and minimum coverage amounts

4. Appendix 1 - Property Title Documents: Copies of relevant property title documents and certificates

5. Appendix 2 - Property Valuation Report: Recent professional valuation report of the security property

6. Appendix 3 - Property Photos and Plans: Current photographs and architectural plans of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses


























Relevant Industries

Banking

Real Estate

Financial Services

Construction

Property Development

Agriculture

Industrial

Commercial Property

Residential Property

Mortgage Services

Relevant Teams

Legal

Finance

Risk Management

Real Estate

Compliance

Credit Administration

Property Management

Corporate Banking

Mortgage Services

Document Management

Relevant Roles

Legal Counsel

Property Lawyer

Finance Manager

Credit Risk Officer

Real Estate Manager

Mortgage Officer

Loan Officer

Compliance Officer

Property Rights Manager

Security Documentation Specialist

Corporate Lawyer

Banking Executive

Real Estate Developer

Property Investment 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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