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The Real Estate Mortgage Agreement is a fundamental document in German property financing transactions, used to secure loans with real estate collateral. It must comply with strict formal requirements under German law, including mandatory notarization and registration in the land register (Grundbuch). The document is typically used when individuals or businesses seek financing for property purchases, refinancing existing loans, or using real estate as security for business loans. It contains detailed provisions about the secured property, the extent of the security, interest arrangements, and enforcement procedures. The agreement must conform to German Civil Code (BGB) requirements and often includes consumer protection provisions when the borrower is an individual. This document is essential for both residential and commercial property financing in Germany and forms part of the standard security package required by German financial institutions.

1. Parties: Identification of the lender (typically a bank), the borrower(s), and any other relevant parties such as guarantors

2. Background: Context of the mortgage agreement, including reference to any underlying loan agreement and purpose

3. Definitions: Key terms used throughout the agreement, including property definition, security amount, and interest terms

4. Property Details: Detailed description of the mortgaged property, including land registry details (Grundbuch information)

5. Creation of Mortgage: Core provisions establishing the mortgage (Grundschuld), including the principal amount and interest rate

6. Security Purpose Agreement: Terms defining the scope of obligations secured by the mortgage (Sicherungszweckvereinbarung)

7. Interest and Costs: Provisions regarding interest calculation, default interest, and costs secured by the mortgage

8. Representations and Warranties: Borrower's confirmations regarding property ownership, absence of encumbrances, and authority to grant security

9. Registration Authorization: Authorization for land registry registration and related procedural matters

10. Payment and Discharge: Terms for repayment and eventual release of the mortgage

11. Enforcement Provisions: Terms regarding enforcement of the mortgage, including immediate enforceability clause (Unterwerfung unter die sofortige Zwangsvollstreckung)

12. Notices: Communication requirements and contact details for all parties

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction of German courts