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Mortgage Subordination Agreement
"I need a Mortgage Subordination Agreement for a commercial property in Riyadh, where ABC Islamic Bank (first mortgagee) will subordinate their existing mortgage to XYZ Finance Company's new Shariah-compliant financing of SAR 10 million."
1. Parties: Identification of all parties including Senior Mortgagee, Subordinated Mortgagee, and Property Owner
2. Background: Context of existing mortgages, their registration details, and reason for subordination
3. Definitions: Key terms including Senior Mortgage, Subordinated Mortgage, Property, and Security Interest
4. Subordination: Core provisions establishing the subordination of rights and priorities between mortgages
5. Representations and Warranties: Statements by parties regarding their authority, ownership, and existing encumbrances
6. Covenants: Ongoing obligations of parties, including maintenance of priority status and restrictions on modifications
7. Notice Requirements: Obligations to notify other parties of defaults, enforcement actions, or material changes
8. Shariah Compliance: Declarations and provisions ensuring compliance with Islamic financial principles
9. Term and Termination: Duration of the subordination arrangement and circumstances for termination
10. Governing Law and Jurisdiction: Specification of Saudi law application and jurisdiction for disputes
11. Execution: Formal execution requirements including witness provisions and attestations
1. Further Assurance: Additional commitments to execute documents or take actions to give effect to the agreement, included when complex property or multiple jurisdictions involved
2. Payment Provisions: Specific arrangements regarding payment priorities and waterfall, included when payment mechanics need to be explicitly detailed
3. Property Management: Provisions regarding property maintenance and management, included when property requires specific oversight
4. Insurance Requirements: Specific insurance obligations and claim priorities, included when property has significant insurance requirements
5. Assignment and Transfer: Provisions governing the transfer of mortgage rights, included when parties anticipate potential transfers
6. Dispute Resolution: Alternative dispute resolution mechanisms, included when parties prefer specific resolution procedures
1. Property Description: Detailed legal description of the mortgaged property including title deed details
2. Existing Mortgages: Details of all existing mortgages including registration numbers and dates
3. Form of Notices: Template forms for required notices under the agreement
4. Payment Priority Schedule: Detailed breakdown of payment priorities if multiple obligations exist
5. Required Consents: Copies of necessary third-party consents and regulatory approvals
6. Power of Attorney: Form of power of attorney if required for enforcement or registration purposes
Authors
Business Day
Effective Date
Enforcement Event
Event of Default
Existing Security
Finance Documents
Financial Indebtedness
First Ranking Mortgage
Governmental Authority
Islamic Finance Principles
Land Registry
Mortgaged Property
Notice
Permitted Security
Priority Rights
Property Title Deed
Real Estate Register
Registration Requirements
Regulatory Approvals
SAMA
Saudi Law
Second Ranking Mortgage
Secured Obligations
Secured Parties
Security
Security Interest
Security Period
Senior Debt
Senior Mortgage
Senior Mortgagee
Senior Security Documents
Shariah Principles
Subordinated Debt
Subordinated Mortgage
Subordinated Mortgagee
Subordinated Security Documents
Subordination
Termination Date
Title Documents
Subordination
Priority Rights
Security Interest
Representations and Warranties
Covenants
Payment Provisions
Notice Requirements
Registration
Islamic Finance Compliance
Further Assurance
Property Management
Default
Enforcement
Assignment
Amendment and Modification
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Costs and Expenses
Confidentiality
Counterparts
Notices
Language
Authority and Capacity
Banking and Financial Services
Real Estate
Construction and Development
Islamic Finance
Commercial Property
Residential Property
Industrial Property
Healthcare Facilities
Retail Property
Hospitality
Legal
Real Estate Finance
Islamic Banking
Credit Risk
Compliance
Property Management
Corporate Banking
Investment
Operations
Documentation
Real Estate Finance Manager
Islamic Banking Compliance Officer
Property Finance Director
Legal Counsel
Mortgage Officer
Real Estate Portfolio Manager
Credit Risk Manager
Property Finance Analyst
Shariah Compliance Manager
Real Estate Investment Manager
Senior Loan Officer
Corporate Banking Manager
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