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Collateral Agreement (Real Estate)
"I need a Real Estate Collateral Agreement for a commercial property in Manila being used as security for a PHP 50 million business loan, where the property owner is a corporation and the lender is a major Philippine bank, with completion needed by March 2025."
1. Parties: Identification of the parties: the Collateral Provider/Grantor and the Secured Party/Lender, including their complete legal names, addresses, and representative capacities
2. Background: Context of the agreement, including reference to the underlying obligation (e.g., loan agreement) and the purpose of the collateral arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Collateral Property', 'Security Interest', 'Secured Obligations', etc.
4. Grant of Security Interest: Clear statement creating and granting the security interest over the real estate property in favor of the Secured Party
5. Description of Collateral Property: Detailed description of the real estate property including location, boundaries, and title details
6. Secured Obligations: Description of the obligations secured by the collateral, including principal amounts, interest, and other secured liabilities
7. Representations and Warranties: Statements by the Collateral Provider regarding ownership, authority, and condition of the property
8. Covenants: Ongoing obligations of the Collateral Provider regarding maintenance, insurance, taxes, and use of the property
9. Events of Default: Circumstances that constitute default and trigger enforcement rights
10. Enforcement Rights: Rights and remedies of the Secured Party upon default, including foreclosure procedures
11. Registration and Perfection: Requirements and procedures for registering the security interest
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and notarization requirements
1. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard property insurance
2. Property Management: Specific requirements for property management when the collateral is income-generating real estate
3. Environmental Matters: Environmental representations and obligations when the property has potential environmental risks
4. Further Assurance: Additional undertakings and requirements when enhanced security or documentation might be needed
5. Cross-Collateralization: Provisions linking the collateral to other obligations when multiple loans are secured
6. Release Provisions: Specific conditions and procedures for releasing the security when partial releases might be contemplated
7. Leasing Restrictions: Restrictions on leasing the property when the secured party wants control over tenant relationships
8. Substitution Rights: Rights to substitute collateral when such flexibility might be needed
1. Property Description Schedule: Detailed technical description of the property, including metes and bounds, tax declaration numbers, and title details
2. Title Documents: Copies of property titles, tax declarations, and other ownership documents
3. Secured Obligations Schedule: Detailed list of all secured obligations, including payment schedules and interest calculations
4. Insurance Certificates: Copies of required insurance policies and certificates
5. Property Valuation: Professional appraisal report or valuation of the property
6. Corporate Authorizations: Corporate resolutions and authorizations if parties are corporations
7. Registration Requirements: List of documents required for registering the security interest
8. Existing Encumbrances: List of any existing liens, encumbrances, or restrictions on the property
Authors
Applicable Law
Business Day
Collateral Property
Collateral Provider
Default Interest
Encumbrance
Event of Default
Enforcement Notice
Government Authority
Insurance Policies
Lender
Loan Agreement
Material Adverse Effect
Mortgage
Permitted Encumbrances
Property Documents
Property Rights
Real Estate Title
Register of Deeds
Secured Obligations
Secured Party
Security Interest
Security Period
Tax Declaration
Technical Description
Title Insurance
Transfer Certificate of Title
Underlying Documents
Valuation Report
Grant of Security
Property Description
Secured Obligations
Covenants
Insurance
Property Maintenance
Default
Enforcement
Registration
Indemnification
Assignment
Notices
Governing Law
Dispute Resolution
Amendment
Severability
Entire Agreement
Further Assurance
Remedies
Force Majeure
Compliance with Laws
Environmental
Title Warranties
Payment Obligations
Tax
Costs and Expenses
Termination
Release
Recording and Registration
Banking & Financial Services
Real Estate
Legal Services
Insurance
Construction & Development
Property Management
Commercial Lending
Mortgage Services
Corporate Finance
Asset Management
Legal
Real Estate
Credit Risk
Compliance
Corporate Secretariat
Loan Operations
Property Management
Risk Assessment
Documentation
Corporate Finance
Legal Counsel
Real Estate Manager
Credit Risk Officer
Loan Officer
Property Manager
Compliance Officer
Corporate Secretary
Real Estate Attorney
Banking Operations Manager
Collateral Manager
Risk Assessment Officer
Transaction Manager
Real Estate Development Director
Chief Legal Officer
Security Documentation Specialist
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