The Real Estate Mortgage Agreement is a crucial document in Qatar's property financing landscape, used when a property owner seeks to secure financing using their real estate as collateral. This agreement must comply with Qatar's Civil Code (Law No. 27 of 2006) and Real Estate Registration Law (Law No. 14 of 1964), while also adhering to Islamic finance principles where applicable. The document captures essential details including property description, secured obligations, enforcement mechanisms, and registration requirements. It's particularly important in Qatar's growing real estate market, where property financing must navigate both conventional and Islamic banking requirements. The agreement serves as a fundamental security document for banks and financial institutions, providing them with enforceable rights over the mortgaged property while protecting the interests of all parties involved.
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1. Parties: Identification of the Mortgagor (property owner) and Mortgagee (bank/financial institution), including full legal names and addresses
2. Background: Context of the mortgage agreement, including reference to the underlying facility or loan agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Creation of Mortgage: Express provisions creating the mortgage and security interest over the property
5. Property Details: Detailed description of the mortgaged property including title details and registration information
6. Secured Obligations: Description of the debts and obligations secured by the mortgage
7. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority to mortgage, and absence of encumbrances
8. Covenants: Mortgagor's ongoing obligations regarding property maintenance, insurance, and payment of taxes
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale
11. Registration and Notices: Requirements for registration of the mortgage and service of notices
12. Costs and Expenses: Allocation of costs related to the mortgage creation and enforcement
13. Governing Law and Jurisdiction: Confirmation of Qatar law as governing law and jurisdiction of Qatar courts
14. Execution: Signature blocks and execution formalities
1. Third Party Rights: Required when there are guarantors or other third parties with rights in the property
2. Islamic Finance Provisions: Required when the mortgage is structured to comply with Islamic finance principles
3. Multiple Properties: Required when the mortgage covers more than one property
4. Insurance Requirements: Detailed insurance obligations when specific insurance requirements exceed standard provisions
5. Property Management: Required for commercial properties or properties requiring specific management arrangements
6. Environmental Matters: Required for industrial properties or properties with potential environmental risks
7. Development Provisions: Required when the property is under development or construction
1. Property Description Schedule: Detailed legal description of the property, including plot numbers, boundaries, and area
2. Title Documents: Copies of relevant title documents and registration certificates
3. Facility Agreement Details: Summary of the key terms of the underlying facility agreement
4. Insurance Requirements: Detailed specifications for required insurance coverage
5. Form of Notices: Template forms for various notices required under the agreement
6. Powers of Attorney: Forms of power of attorney required for mortgage enforcement
7. Property Photographs: Recent photographs of the property for identification purposes
8. Property Plans: Architectural plans or property layouts where relevant
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