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Deed Of Real Estate Mortgage
"I need a Deed of Real Estate Mortgage for a residential property in Manila, Philippines, where a private individual is mortgaging their condominium unit to secure a 5-year business loan from ABC Bank worth 2 million pesos, with the loan agreement to be executed by March 2025."
1. Parties: Identification of the Mortgagor (property owner) and Mortgagee (lender), including their complete names, civil status, addresses, and tax identification numbers
2. Background: Recitals explaining the context of the mortgage, including references to any loan agreement and the mortgagor's ownership of the property
3. Definitions: Definitions of key terms used throughout the deed, including 'Property', 'Secured Obligations', 'Event of Default', etc.
4. Creation of Mortgage: Express declaration creating the mortgage and charging the property as security
5. Property Details: Comprehensive description of the mortgaged property, including its location, boundaries, and title details
6. Secured Obligations: Description of the debt or obligation secured by the mortgage, including principal amount, interest rate, and payment terms
7. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to mortgage, and absence of encumbrances
8. Covenants: Ongoing obligations of the mortgagor regarding property maintenance, insurance, payment of taxes, and other responsibilities
9. Events of Default: Circumstances that constitute default and trigger the mortgagee's enforcement rights
10. Remedies: Rights and remedies available to the mortgagee upon default, including foreclosure procedures
11. Insurance: Requirements for property insurance and assignment of insurance proceeds
12. Registration and Stamp Duty: Provisions regarding registration of the mortgage and payment of associated fees
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
14. Execution: Formal execution block including notarization requirements
1. Corporate Authority: Required when the mortgagor is a corporation, including board resolutions and secretary's certificates
2. Spousal Consent: Required when the mortgagor is married and the property is conjugal
3. Assignment and Transfer: Provisions regarding the mortgagee's right to assign or transfer the mortgage
4. Property Valuation: Details of property valuation when required by the mortgagee
5. Environmental Compliance: Required for industrial or commercial properties subject to environmental regulations
6. Construction Provisions: Required when the property includes ongoing or planned construction
7. Third-Party Consent: Required when there are existing lessees or other parties with interests in the property
1. Property Description Schedule: Detailed technical description of the property, including lot numbers, boundaries, and technical descriptions from the title
2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and breakdown of principal and interest
3. Title Documents: Copies of the Transfer Certificate of Title or other title documents
4. Insurance Requirements: Detailed specifications of required insurance coverage
5. Property Tax Certificates: Current tax declarations and certificates of payment of real property taxes
6. Corporate Documents: If applicable, board resolutions, secretary's certificates, and other corporate authorizations
7. Property Photographs: Recent photographs of the property showing its current condition
Authors
Banking and Finance
Real Estate
Property Development
Insurance
Legal Services
Construction
Agricultural (for farm lands)
Commercial Real Estate
Residential Real Estate
Industrial Real Estate
Legal
Real Estate
Credit Risk
Compliance
Property Management
Loan Operations
Documentation
Corporate Secretariat
Risk Management
Business Development
Legal Counsel
Real Estate Attorney
Bank Manager
Loan Officer
Property Manager
Real Estate Broker
Mortgage Specialist
Credit Risk Officer
Corporate Secretary
Compliance Officer
Real Estate Developer
Property Appraiser
Bank Branch Manager
Documentation Officer
Legal Manager
Title Examiner
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