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1. Parties: Identification of the Lender and Borrower, including their full legal names, addresses, and registration details if applicable
2. Background: Recitals detailing the original mortgage agreement, its date, and the reasons for modification
3. Definitions: Key terms used in the agreement, including references to terms from the original mortgage agreement
4. Original Mortgage Reference: Details of the original mortgage agreement including registration particulars and property description
5. Modification Terms: Specific changes being made to the original mortgage terms (e.g., interest rate, payment amount, loan term)
6. Effective Date: When the modifications take effect and any conditions precedent
7. Confirmation of Other Terms: Statement that all other terms of the original mortgage remain unchanged and in full force
8. Representations and Warranties: Declarations by the borrower regarding their financial situation and ability to comply with modified terms
9. Registration and Stamp Duty: Provisions for registration of the modification and payment of applicable stamp duties
10. Governing Law: Confirmation that Nigerian law governs the agreement
11. Execution: Signature blocks for all parties and witnesses as required under Nigerian law
1. Additional Security: Include when new security or guarantees are being added as part of the modification
2. Release of Existing Security: Include when any existing security is being released or modified
3. Insurance Requirements: Include when insurance requirements are being modified
4. Default Remedies: Include when default provisions are being modified from the original agreement
5. Fees and Costs: Include when specifying who bears the costs of the modification
6. Regulatory Compliance: Include when specific Central Bank of Nigeria regulations need to be addressed
7. Spousal Consent: Include when the mortgaged property is matrimonial property requiring spouse's consent
1. Schedule 1 - Property Description: Detailed legal description of the mortgaged property including registration particulars
2. Schedule 2 - Modified Payment Terms: Detailed breakdown of new payment terms, including payment schedule and amounts
3. Schedule 3 - Original Mortgage Agreement: Copy or extract of relevant portions of the original mortgage agreement being modified
4. Appendix A - Amortization Schedule: New amortization schedule reflecting modified payment terms
5. Appendix B - Required Consents: Copies of any required regulatory or third-party consents
6. Appendix C - Supporting Documents: Any additional documentation supporting the modification (e.g., property valuations, financial statements)
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