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1. Parties: Identifies all parties to the agreement, including full legal names, addresses, and roles (e.g., Mortgagors, Mortgagee)
2. Background: Sets out the context of the agreement, including the purpose of the loan and the property being mortgaged
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Loan Details: Specifies the loan amount, interest rate, term, and repayment schedule
5. Security: Details of the property being offered as security, including its legal description and title reference
6. Joint and Several Liability: Establishes that all mortgagors are jointly and severally liable for the mortgage obligations
7. Covenants: The promises and obligations of the mortgagors, including property maintenance, insurance, and payment obligations
8. Events of Default: Defines what constitutes a default and the consequences thereof
9. Enforcement Rights: The mortgagee's rights and remedies in case of default
10. Insurance Requirements: Specifies required insurance coverage for the property
11. Costs and Expenses: Allocation of costs related to the mortgage, including establishment fees and ongoing charges
12. Notices: How formal communications between parties should be made and delivered
13. General Provisions: Standard contract clauses including governing law, assignment, and amendments
14. Execution: Formal signing section including witness requirements
1. Guarantor Provisions: Required when there are guarantors for the mortgage
2. Cross-Collateralization: Used when multiple properties are being used as security
3. Contribution Arrangements: Specifies how joint mortgagors will contribute to payments between themselves
4. Property Development Provisions: Required when the property will undergo development or significant modifications
5. Rental Income Provisions: Used when the property will be rented out
6. First Home Buyer Provisions: Special terms applicable to first home buyers
7. Trust Provisions: Required when any party is acting as a trustee
1. Schedule 1 - Property Details: Detailed description of the secured property, including title details and improvements
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment amounts, dates, and frequency
3. Schedule 3 - Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts
4. Schedule 4 - Special Conditions: Any special terms or conditions specific to this mortgage arrangement
5. Appendix A - Property Valuation: Current market valuation of the property
6. Appendix B - Property Inspection Report: Detailed report on the condition of the property
7. Appendix C - Contribution Agreement: Details of how joint mortgagors will share costs and responsibilities
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