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1. Parties: Identification of the lender (credit institution) and borrower(s), including full legal names, addresses, and registration details
2. Background: Context of the loan, purpose (property purchase/refinancing), and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement, including technical banking and real estate terminology
4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose of the loan
5. Interest Rate and Calculations: Detailed terms of interest rate (fixed/variable), calculation method, and effective annual rate (APR)
6. Term and Repayment: Loan duration, repayment schedule, installment amounts, and early repayment provisions
7. Security and Mortgage: Details of the property mortgage, ranking, and additional security requirements
8. Disbursement Conditions: Prerequisites for loan disbursement, including required documentation and conditions precedent
9. Borrower Representations: Borrower's confirmations regarding financial status, property ownership, and accuracy of provided information
10. Borrower Covenants: Ongoing obligations including property maintenance, insurance, and financial reporting requirements
11. Events of Default: Circumstances constituting default and consequences thereof
12. Bank's Rights and Remedies: Lender's rights in case of default, including enforcement and acceleration provisions
13. Costs and Fees: All costs associated with the loan, including processing fees, notary costs, and enforcement expenses
14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Construction Provisions: Required when the loan is for property construction or renovation, including drawdown schedules and construction milestones
2. Co-Borrower Provisions: Needed when there are multiple borrowers, defining joint and several liability
3. Guarantor Provisions: Including when third-party guarantees are part of the security package
4. Interest Rate Hedging: Required for variable rate loans with hedging requirements
5. Subsidy Provisions: Needed when government subsidies or promotional loans are involved
6. Property Management: Required for commercial real estate loans with specific management requirements
7. Pre-payment Protection: Details of prepayment penalties and break costs, if applicable
1. Property Description: Detailed description of the property including land register details (Grundbuch)
2. Repayment Schedule: Amortization table showing all payments throughout the loan term
3. Interest Rate Terms: Detailed interest calculations and adjustment mechanisms for variable rates
4. Fee Schedule: Comprehensive list of all applicable fees and charges
5. Required Insurance: Specifications for property insurance and any other required insurance
6. Form of Drawdown Notice: Template for requesting loan disbursements
7. Security Documents: Forms of mortgage and other security documents
8. SCHUFA Declaration: Credit check authorization and information
9. Right of Withdrawal Notice: Mandatory consumer protection withdrawal form (Widerrufsbelehrung)
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Public Housing
Investment & Asset Management
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Real Estate Finance
Compliance
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