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Mortgage And Security Agreement
"I need a Mortgage and Security Agreement for a Shariah-compliant commercial property financing in Riyadh, where a local manufacturing company is securing a 5-year facility from a syndicate of three Saudi banks, with the facility closing expected in March 2025."
1. Parties: Identification of the mortgagor, mortgagee, and any other relevant parties
2. Background: Context of the agreement, including reference to main facility agreement and Shariah compliance declaration
3. Definitions: Key terms used throughout the agreement, including Arabic legal terms where relevant
4. Creation of Mortgage: Express provisions creating the mortgage and security interest in compliance with Saudi law
5. Secured Obligations: Description of the obligations being secured, including principal, profits, and other amounts
6. Representations and Warranties: Mortgagor's confirmations regarding ownership, authority, and property status
7. Property Details: Detailed description of the mortgaged property and its documentation
8. Registration and Perfection: Requirements and procedures for registering the mortgage with relevant authorities
9. Covenants: Mortgagor's ongoing obligations regarding the property and maintenance of security
10. Insurance: Requirements for takaful/insurance coverage of the mortgaged property
11. Events of Default: Circumstances constituting default and their consequences
12. Enforcement: Rights and remedies upon default, compliant with Saudi enforcement regulations
13. Power of Attorney: Appointment of mortgagee as attorney for enforcement purposes
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Confirmation of Saudi law application and relevant courts
1. Security Agent Provisions: Required when multiple lenders are involved, detailing the security agent's role and powers
2. Additional Security Rights: Used when additional forms of security are being created alongside the mortgage
3. Assignment and Transfer: Include when rights to assign or transfer the mortgage need to be addressed
4. Intercreditor Provisions: Required when multiple creditors have interests in the same property
5. Further Assurance: Optional provisions for additional documentation or actions that may be required
6. Currency Provisions: Include when dealing with international transactions or multiple currencies
7. Costs and Expenses: Detailed breakdown of cost responsibilities when needed beyond standard provisions
1. Property Schedule: Detailed legal description of the mortgaged property, including title deeds and plans
2. Form of Registration Application: Template for mortgage registration with relevant authorities
3. Form of Power of Attorney: Template for power of attorney required for registration and enforcement
4. Insurance Requirements: Detailed specifications for required takaful/insurance coverage
5. Form of Notice: Standard forms for various notices under the agreement
6. Secured Obligations Details: Detailed breakdown of the secured obligations and payment terms
7. Required Authorizations: List of required governmental and regulatory approvals
8. Property Valuation Report: Recent valuation report of the mortgaged property
Authors
Applicable Law
Business Day
Deed of Title
Default Event
Enforcement Notice
Event of Default
Facility Agreement
Finance Documents
Financial Indebtedness
Governmental Authority
Insurance Proceeds
Legal Process
Liability
Mortgage
Mortgaged Property
Mortgagor
Mortgagee
Obligations
Permitted Security Interest
Power of Attorney
Principal Amount
Profit Rate
Property Documents
Registration Authority
Related Rights
Relevant Authority
Required Authorizations
Saudi Law
Secured Assets
Secured Obligations
Secured Parties
Security
Security Agent
Security Interest
Security Period
Shariah
Sukuk
Takaful
Title Documents
Transaction Documents
Valuation Report
Grant of Security
Secured Obligations
Representations and Warranties
Property Rights
Registration and Perfection
Covenants
Property Maintenance
Insurance and Takaful
Events of Default
Enforcement Rights
Power of Attorney
Assignment and Transfer
Further Assurance
Costs and Expenses
Set-off Rights
Notices
Amendment and Waiver
Severability
Counterparts
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Compliance with Shariah
Property Valuation
Registration Requirements
Security Agent Provisions
Intercreditor Relations
Indemnification
Confidentiality
Force Majeure
Term and Termination
Banking & Financial Services
Real Estate
Islamic Finance
Construction & Development
Commercial Property
Residential Property
Infrastructure
Healthcare (for medical facilities)
Hospitality
Industrial & Manufacturing
Retail
Legal
Real Estate
Finance
Risk Management
Compliance
Islamic Banking
Property Management
Corporate Affairs
Credit Administration
Security & Collateral Management
Legal Counsel
Real Estate Manager
Finance Director
Credit Risk Manager
Compliance Officer
Islamic Finance Specialist
Property Manager
Corporate Lawyer
Banking Operations Manager
Real Estate Development Director
Mortgage Officer
Chief Legal Officer
Transaction Manager
Security Trustee
Property Rights Registrar
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