The Mortgage and Security Agreement is a fundamental document in Singapore's property financing landscape, used when a borrower seeks financing secured against real property. This agreement is essential for both residential and commercial property transactions, combining the loan facility terms with security arrangements in a single document. It must comply with Singapore's strict regulatory framework, including the Land Titles Act, Banking Act, and where applicable, HDB and CPF requirements. The document typically includes detailed provisions on the loan facility, security creation, covenants, representations and warranties, and enforcement rights, making it a comprehensive security instrument for property financing.
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Key Requirements PROMPT example:
Mortgage And Security Agreement
"Need a Mortgage and Security Agreement for a commercial property purchase in Singapore, where the borrower is a private limited company taking a S$5 million facility from a syndicate of three banks, with completion scheduled for March 2025."
1. Parties: Identification of mortgagor and mortgagee with full details
2. Background: Context of the mortgage arrangement and property details
3. Definitions: Key terms used throughout the agreement
4. The Facility: Details of the loan amount, interest rate, and repayment terms
5. Security: Description of the mortgaged property and nature of security
6. Representations and Warranties: Statements of fact by the mortgagor
7. Covenants: Ongoing obligations of the mortgagor
8. Events of Default: Circumstances constituting default and consequences
9. Enforcement Rights: Mortgagee's rights upon default
10. Governing Law and Jurisdiction: Applicable law and dispute resolution
1. Insurance: Insurance requirements for the property - used when specific insurance requirements need to be detailed
2. CPF Provisions: Specific provisions related to CPF usage - included when CPF funds are used for the property
3. HDB Requirements: Special conditions for HDB properties - required when the property is HDB
4. Assignment: Rights to assign the mortgage - included when assignment rights are relevant to the transaction
1. Property Description Schedule: Detailed description of the mortgaged property
2. Payment Schedule: Detailed repayment terms and schedule
3. Insurance Schedule: Details of required insurance coverage
4. Form of Transfer: Standard form for property transfer
5. Special Conditions: Any special or additional conditions applicable to the mortgage
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