The Property Loan Agreement serves as the primary legal instrument for securing financing against real estate in the United States. This document is essential when parties seek to establish a formal lending arrangement secured by property, whether for residential, commercial, or investment purposes. The agreement must comply with federal regulations including TILA, RESPA, and state-specific lending laws, while clearly defining the rights and obligations of all parties involved. It typically includes detailed provisions about the loan terms, security interests, default scenarios, and remedies available to the lender.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and purpose of the loan
3. Definitions: Key terms used throughout the agreement including defined terms from applicable regulations
4. Loan Amount and Terms: Principal amount, interest rate, term length, and payment schedule
5. Security Interest: Description of property serving as collateral and related rights
6. Representations and Warranties: Statements of fact by borrower regarding their ability to enter into agreement and property condition
7. Covenants: Ongoing obligations of the borrower including maintenance, insurance, and compliance with laws
8. Events of Default: Circumstances constituting default and consequences
9. Remedies: Lender's rights and remedies upon default
10. Governing Law: Jurisdiction governing the agreement and dispute resolution provisions
1. Insurance Requirements: Detailed property insurance obligations and requirements when property serves as collateral
2. Prepayment Provisions: Terms and conditions for early loan repayment including any penalties or fees
3. Assignment and Transfer: Terms for transferring rights under the agreement by either party
4. Property Maintenance Requirements: Specific obligations regarding property upkeep and maintenance standards
5. Environmental Provisions: Environmental compliance requirements and representations when property has environmental concerns
1. Schedule A - Property Description: Detailed legal description of property serving as collateral
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment breakdown over loan term
3. Schedule C - Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts
4. Schedule D - Required Documents: List of supporting documents required for loan completion including title documents and surveys
5. Schedule E - Compliance Certificate: Form of compliance certificate to be provided periodically by borrower
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