The Mortgage Contract Agreement is a fundamental document in Swiss real estate financing, used when a party seeks to obtain financing secured against real property in Switzerland. This agreement is essential for both residential and commercial property transactions and must comply with strict Swiss banking regulations and property laws. The document outlines the complete mortgage arrangement, including loan terms, security provisions, and party obligations, while incorporating requirements from the Swiss Civil Code and Code of Obligations. It's typically used by banks and financial institutions when providing mortgage financing and requires notarization under Swiss law. The agreement includes specific provisions for property valuation, insurance requirements, and regulatory compliance, making it suitable for various types of property transactions while ensuring adherence to both federal and cantonal requirements.
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1. Parties: Identification of the lender (typically a bank or financial institution) and the borrower(s), including full legal names, addresses, and any registration numbers
2. Background: Context of the mortgage agreement, including the purpose of the loan and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the mortgaged property, including address, land registry details, and property specifications
5. Loan Amount and Purpose: Specification of the mortgage amount, purpose of the loan, and any conditions precedent
6. Interest Rate and Payments: Details of interest rate (fixed or variable), payment schedule, and calculation methods
7. Term and Repayment: Duration of the mortgage, repayment schedule, and early repayment provisions
8. Security: Details of the mortgage security, including property lien and any additional collateral
9. Borrower's Representations and Warranties: Statements and guarantees made by the borrower regarding their financial status and the property
10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and payment of taxes
11. Events of Default: Circumstances constituting default and the lender's rights in such cases
12. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
13. Insurance Requirements: Mandatory insurance coverage for the property and requirements for policy maintenance
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
15. Notices: Process and requirements for formal communications between parties
16. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Co-Borrower Provisions: Additional terms when multiple borrowers are involved, defining joint and several liability
2. Guarantor Provisions: Terms applicable when a third party provides a guarantee for the mortgage
3. Construction Financing: Special provisions for properties under construction or renovation
4. Foreign Currency Provisions: Additional terms for mortgages denominated in foreign currencies
5. Property Usage Restrictions: Special conditions regarding property use (e.g., commercial, rental restrictions)
6. Prepayment Provisions: Detailed terms for early repayment options and associated penalties
7. Environmental Provisions: Special terms regarding environmental risks and obligations
8. Subordination Provisions: Terms regarding the priority of the mortgage in relation to other liens
1. Property Description Schedule: Detailed legal description of the property, including land registry extracts
2. Payment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations
3. Insurance Requirements Schedule: Detailed list of required insurance coverage and minimum amounts
4. Property Valuation Report: Official valuation report of the property
5. Due Diligence Documents: List of completed due diligence checks and verifications
6. Fee Schedule: Detailed breakdown of all fees, charges, and costs associated with the mortgage
7. Required Permits and Certificates: Copies of necessary permits, certificates, and regulatory approvals
8. Property Inspection Report: Technical assessment of the property's condition
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