The Real Estate Loan Agreement is essential for any property-backed lending transaction in England and Wales. It is commonly used for both commercial and residential property financing, incorporating specific requirements under English property law and financial regulations. The agreement typically includes detailed provisions on loan terms, security arrangements, borrower covenants, and enforcement mechanisms. It's particularly relevant for property purchases, refinancing, or development projects, and must comply with FCA regulations where applicable. The document serves as the cornerstone of property-secured lending transactions, protecting both lender and borrower interests.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the loan and property transaction
3. Definitions: Key terms used throughout the agreement including defined terms from relevant legislation
4. Facility: Loan amount, purpose, and availability conditions
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, mechanisms, and prepayment provisions
7. Security: Details of property and other security arrangements including registration requirements
8. Representations and Warranties: Borrower's confirmations about their status and the property
9. Covenants: Ongoing obligations of the borrower including property maintenance and regulatory compliance
10. Events of Default: Circumstances constituting default and consequences
1. Guarantees: Terms of any guarantee arrangements, including guarantor obligations and enforcement rights
2. Insurance Requirements: Specific insurance obligations beyond standard building insurance
3. Property Management: Requirements for property maintenance, letting, and management for investment properties
4. Change of Control: Provisions dealing with changes in ownership or control of the borrower
1. Property Schedule: Detailed description of the mortgaged property including title information
2. Repayment Schedule: Detailed payment dates and amounts including amortization table
3. Conditions Precedent: List of documents and conditions required before drawdown
4. Form of Drawdown Request: Template for requesting loan disbursement
5. Security Documents: Forms of security documents including the mortgage deed and supporting security
6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
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