The Agreement For Mortgage Of Property is essential in U.S. real estate financing transactions where property serves as collateral for a loan. This document is used when a borrower seeks financing for property purchase or refinancing, establishing the lender's security interest in the property. The agreement must comply with both federal regulations (such as TILA and RESPA) and state-specific requirements. It typically includes detailed terms about loan repayment, property maintenance obligations, insurance requirements, and the lender's rights in case of default.
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1. Parties: Identifies the lender and borrower with full legal names and addresses
2. Background: Explains the context of the mortgage agreement and property details
3. Definitions: Defines key terms used throughout the agreement
4. Property Description: Detailed legal description of the mortgaged property
5. Loan Terms: Principal amount, interest rate, payment terms, and duration
6. Security Interest: Creates and describes the mortgage lien on the property
7. Borrower's Covenants: Borrower's obligations regarding property maintenance, insurance, and taxes
8. Default and Remedies: Defines events of default and lender's remedies
9. Representations and Warranties: Borrower's statements of fact and assurances about their situation and the property
10. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Environmental Provisions: Required for commercial properties or properties with potential environmental issues
2. Secondary Financing: Provisions regarding additional financing and restrictions
3. Prepayment Provisions: Terms and conditions for early loan payoff including any penalties
4. Escrow Requirements: Terms for escrow account management for taxes and insurance
5. Construction Provisions: Required when property is under construction or significant renovations are planned
1. Schedule A - Property Description: Detailed legal description of the property including boundaries and easements
2. Schedule B - Payment Schedule: Amortization table showing payment breakdown over the loan term
3. Schedule C - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
4. Schedule D - Required Permits and Certificates: List of required governmental permits and certificates
5. Schedule E - Permitted Encumbrances: List of allowed liens, easements, and other encumbrances on the property
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