The Property Collateral Agreement is a fundamental document in secured lending transactions under Philippine law, used when a party wishes to secure an obligation by granting security interests over real property. This agreement is essential in various commercial and financial transactions, particularly in lending arrangements where the lender requires security for their exposure. The document must comply with Philippine property laws, including the Civil Code and Property Registration Decree, and requires proper execution and registration to be enforceable. It contains detailed provisions about the property, the secured obligations, parties' rights and responsibilities, and enforcement mechanisms. The agreement is particularly important in the Philippine context where real property is a common form of collateral in both commercial and personal lending arrangements.
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1. Parties: Identification of the parties: the Collateral Provider/Grantor and the Secured Party/Creditor, including their complete legal names and addresses
2. Background: Context of the agreement, including reference to the primary obligation being secured and the reason for the collateral arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including specific Philippine legal terminology
4. Property Details: Detailed description of the property being offered as collateral, including its location, boundaries, and title information
5. Grant of Security Interest: Express provision creating the security interest over the property in favor of the secured party
6. Representations and Warranties: Grantor's declarations regarding ownership, authority to grant security, and status of the property
7. Covenants: Ongoing obligations of the grantor regarding maintenance, insurance, and preservation of the property
8. Events of Default: Circumstances that constitute default and trigger enforcement rights
9. Enforcement Rights: Secured party's rights and remedies upon default, compliant with Philippine law
10. Registration and Perfection: Requirements and procedures for registering the security interest
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
12. Execution: Formal execution block meeting Philippine notarial requirements
1. Third Party Rights: Used when there are existing tenants or other third-party interests in the property
2. Multiple Properties: Additional provisions when multiple properties are being used as collateral
3. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
4. Property Maintenance Standards: Specific maintenance requirements for high-value or specialized properties
5. Cross-Default Provisions: Used when the collateral secures multiple obligations
6. Subordination Provisions: Required when there are multiple security interests or existing encumbrances
7. Environmental Compliance: For properties with potential environmental concerns or obligations
1. Property Description Schedule: Detailed technical description of the property, including lot numbers, boundaries, and technical descriptions
2. Title Documents: Copies of property titles, tax declarations, and other ownership documents
3. Property Valuation Report: Professional appraisal or valuation report of the collateral property
4. Existing Encumbrances: List of any existing liens, mortgages, or other encumbrances on the property
5. Insurance Certificates: Copies of required insurance policies covering the property
6. Corporate Authorizations: If grantor is a corporation, board resolutions and corporate authorizations
7. Property Photographs: Recent photographs of the property for identification and condition documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Construction
Manufacturing
Agriculture
Commercial Lending
Property Development
Asset Management
Infrastructure
Industrial
Relevant Teams
Legal
Finance
Risk Management
Compliance
Real Estate
Credit Administration
Property Management
Security Operations
Documentation
Corporate Secretariat
Relevant Roles
Legal Counsel
Property Lawyer
Finance Manager
Credit Risk Officer
Real Estate Manager
Compliance Officer
Security Documentation Specialist
Property Valuation Officer
Loan Officer
Corporate Secretary
Risk Manager
Property Registration Officer
Transaction Manager
Security Trustee
Portfolio Manager
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