The Mortgage and Promissory Note is a crucial document in Hong Kong's property financing landscape, used when a borrower seeks to obtain financing secured against real property. This dual-purpose instrument combines the security aspects of a traditional mortgage with the payment obligations of a promissory note, providing lenders with both a property security interest and a clear documentary evidence of debt. The document is particularly relevant in Hong Kong's dynamic real estate market, where property-backed lending is common. It must comply with Hong Kong's sophisticated legal framework, including the Conveyancing and Property Ordinance, Banking Ordinance, and Land Registration Ordinance. The document is essential for banks, financial institutions, and property owners engaging in secured lending transactions, providing a comprehensive framework for the loan relationship and security arrangements.
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1. Parties: Identification of the mortgagor, mortgagee, and any guarantors
2. Background: Context of the transaction, including property purchase details and loan purpose
3. Definitions: Definitions of key terms used throughout the document
4. Loan Amount and Terms: Principal amount, interest rate, term, and repayment structure
5. Promise to Pay: Promissory note component - unconditional promise to repay the loan
6. Security Grant: Creation of the mortgage security interest over the property
7. Property Details: Legal description and details of the mortgaged property
8. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to grant security, etc.
9. Covenants: Ongoing obligations of the mortgagor regarding property maintenance, insurance, etc.
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Mortgagee's rights and remedies upon default
12. Insurance Requirements: Required property insurance and policy specifications
13. Assignment and Transfer: Rights and restrictions regarding assignment of the mortgage or note
14. Notices: Process for giving formal notices between parties
15. Governing Law: Hong Kong law as governing law and jurisdiction
1. Guarantor Provisions: Required when there are third-party guarantors for the loan
2. Property Management: For properties subject to management agreements or tenant obligations
3. Construction Provisions: For properties under construction or development
4. Multiple Properties: When the mortgage covers more than one property
5. Foreign Currency Provisions: When loan or payments are in foreign currency
6. Pre-existing Tenancies: When the property is subject to existing lease agreements
7. Environmental Matters: For properties with potential environmental concerns
8. Further Advances: When the facility allows for additional borrowing against the security
1. Property Schedule: Detailed legal description of the property including lot number, address, and registered details
2. Payment Schedule: Amortization table showing payment dates, amounts, and interest calculations
3. Standard Form Documents: Forms for notices, transfer documents, and other standard communications
4. Insurance Requirements: Detailed specifications for required insurance coverage
5. Existing Encumbrances: List of any existing charges, easements, or encumbrances on the property
6. Property Title Documents: List of title documents and their location
7. Special Conditions: Any special terms or conditions specific to the property or transaction
8. Fee Schedule: Schedule of fees and charges applicable to the mortgage
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