[{"data":1,"prerenderedAt":529},["ShallowReactive",2],{"document-mortgage-deed-D988":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":179,"customdescription":6,"mdFm":180,"mdProseHtml":528},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"MORTGAGE DEED This Mortgage Deed (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Borrower\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [LENDER NAME] (the \"Lender\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS This Mortgage is given by Borrower to Lender, which term includes any holder of this Mortgage, to secure the payment of the PRINCIPAL SUM of [AMOUNT] together with interest thereon computed on the outstanding balance, [AMOUNT] all as provided in a Note having the same date as this Mortgage, and also to secure the performance of all the terms, covenants, agreements, conditions and extensions of the Note and this Mortgage. In consideration of the loan made by Lender to Borrower and for the purpose expressed above, the Borrower does hereby grant and convey to Lender, with MORTGAGE COVENANTS, the land with the buildings situated thereon and all the improvements and fixtures now and hereafter a part thereof, being more particularly described in Exhibit A attached hereto and made a part hereof and having a street address of [ADDRESS]. [Attach Property Description] TERMS No superior mortgage or the note secured by it will be modified without the consent of Lender hereunder. Borrower will make with each periodic payment due under the Note secured by this Mortgage a payment sufficient to provide a fund from which the real estate taxes, betterment assessments and other municipal charges which can become a lien against the mortgaged premises can be paid by Lender when due. This provision shall be effective only in the event that a fund for the same purpose is not required to be established by the holder of a senior mortgage. In the event that Borrower fails to carry out the covenants and agreements set forth herein, the Lender may do and pay for whatever is necessary to protect the value of and the Lender's rights in the mortgaged property and any amounts so paid shall be added to the Principal Sum due the Lender hereunder.",null,"Mortgage Deed","3",39,"doc","https://templates.business-in-a-box.com/imgs/1000px/mortgage-deed-D988.png","https://templates.business-in-a-box.com/imgs/250px/988.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#988.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Legal Agreements","/templates/business-legal-agreements/",{"label":20,"url":21},"Deeds","/templates/deed/","mortgage deed","Mortgage Deed Template","https://templates.business-in-a-box.com/imgs/400px/988.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,32],{"label":27,"url":28},{"label":17,"url":18},{"label":33,"url":34},"Loans & Promissory Notes","/templates/loans-and-promissory-notes/",[36,40,44,48,52,56,60,64,68,72,76,80,84,103,118,134,152,164],{"label":37,"url":38,"thumb":39,"extension":10},"Mortgage","/template/mortgage-D1183","https://templates.business-in-a-box.com/imgs/250px/1183.png",{"label":41,"url":42,"thumb":43,"extension":10},"Assignment of Mortgage","/template/assignment-of-mortgage-D1156","https://templates.business-in-a-box.com/imgs/250px/1156.png",{"label":45,"url":46,"thumb":47,"extension":10},"Mortgage Note","/template/mortgage-note-D1182","https://templates.business-in-a-box.com/imgs/250px/1182.png",{"label":49,"url":50,"thumb":51,"extension":10},"Release Of Mortgage","/template/release-of-mortgage-D12710","https://templates.business-in-a-box.com/imgs/250px/12710.png",{"label":53,"url":54,"thumb":55,"extension":10},"Assignment for Deed","/template/assignment-for-deed-D974","https://templates.business-in-a-box.com/imgs/250px/974.png",{"label":57,"url":58,"thumb":59,"extension":10},"Deed Of Conveyance","/template/deed-of-conveyance-D12693","https://templates.business-in-a-box.com/imgs/250px/12693.png",{"label":61,"url":62,"thumb":63,"extension":10},"Deed of Discharge","/template/deed-of-discharge-D980","https://templates.business-in-a-box.com/imgs/250px/980.png",{"label":65,"url":66,"thumb":67,"extension":10},"Gift Deed","/template/gift-deed-D13517","https://templates.business-in-a-box.com/imgs/250px/13517.png",{"label":69,"url":70,"thumb":71,"extension":10},"Quitclaim Deed","/template/quitclaim-deed-D394","https://templates.business-in-a-box.com/imgs/250px/394.png",{"label":73,"url":74,"thumb":75,"extension":10},"Warranty Deed","/template/warranty-deed-D993","https://templates.business-in-a-box.com/imgs/250px/993.png",{"label":77,"url":78,"thumb":79,"extension":10},"Assignment of Deed of Trust","/template/assignment-of-deed-of-trust-D975","https://templates.business-in-a-box.com/imgs/250px/975.png",{"label":81,"url":82,"thumb":83,"extension":10},"Debentures and Trust Deed","/template/debentures-and-trust-deed-D466","https://templates.business-in-a-box.com/imgs/250px/466.png",{"description":85,"descriptionCustom":6,"label":86,"pages":8,"size":9,"extension":10,"preview":87,"thumb":88,"svgFrame":89,"seoMetadata":90,"parents":91,"keywords":101,"url":102},"PROMISSORY NOTE This Promissory Note (the \"Note\") is made and effective the [DATE], BETWEEN: [LENDER NAME] (the \"Lender\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Borrower\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] TERMS FOR VALUE RECEIVED, the Borrower promises to pay to the order of Lender, at its principal office located at [ADDRESS], or at such other place that is designated in writing by the holder hereof, the principal sum of [AMOUNT], together with all charges and interest herein provided, payable at the rate and in the manner hereinafter set forth: Borrower shall make monthly payments of principal and interest at the rate of [%] per annum based upon an amortization of [NUMBER] months. Monthly payments shall be due on or before the first day of each month with the first payment being due on or before [DATE]. If not sooner paid, all amounts due under this Note, including principal, interest and other charges shall be due and payable in full on or before the first day of [MONTH], [YEAR] (the \"Maturity Date\"). Time is of the essence of the payment obligations hereunder and each monthly payment shall be due and payable on or before the first day of each month. This Note is and will be secured by a certain first priority security interest in all of the tangible and intangible property of the Borrower, to be recorded in all applicable governmental offices. The parties shall execute a separate security agreement, in form and substance acceptable to the Lender in all respects. Borrower agrees to execute any such security agreements presented by the Lender or other documents required by the Lender in order to perfect its security interest in the above described property. Said Security Agreement and any other instruments and documents executed in connection with or given as security for this Note shall hereinafter be referred to collectively as the \"Loan Documents.\" All of the terms, covenants, Conditions, representations and warranties contained in the Loan Documents are hereby made part of this Note to the same extent and with the same force and effect as if fully set forth herein. If all or any portion of any payment due hereunder is not received by the Lender within [NUMBER] calendar days after the date when such payment is due, Borrower shall pay a late charge equal to [%] of such payment, such late charge to be immediately due and payable without demand by Lender. Borrower shall have the right to prepay all (but not a portion) of the indebtedness evidenced by this Note at any time, by paying the Lender an amount equal to the sum of (I) the principal balance then outstanding, (ii) all interest accrued to the date of such prepayment, (iii) all interest calculated through the Maturity Date, and (iv) any late charge or charges then due and owing. If any payment under this Note is not paid in full by the [DAY] of any month during the term hereof or if the entire amount due as represented by this Note is not paid in full on or before the Maturity Date, or should default be made in the performance or observation of any of the terms, covenants, or conditions contained in the Loan Documents, or if any representation or warranty contained in the Loan Documents is breached or is or becomes untrue, this Note shall be in default, and the entire principal amount outstanding hereunder, accrued interest thereon, all late charges, if any, and any and all other charges due hereunder, shall, at Lender's option, immediately become due and payable, without further notice, the giving of such notice being expressly waived by the Borrower","Promissory Note","https://templates.business-in-a-box.com/imgs/1000px/promissory-note-D434.png","https://templates.business-in-a-box.com/imgs/250px/434.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#434.xml",{"title":6,"description":6},[92,95,98],{"label":93,"url":94},"Finance & Accounting","finance-accounting",{"label":96,"url":97},"Business Loans","business-loan",{"label":99,"url":100},"Promissory Notes","promisory-note","promissory note","/template/promissory-note-D434",{"description":104,"descriptionCustom":6,"label":105,"pages":106,"size":107,"extension":10,"preview":108,"thumb":109,"svgFrame":110,"seoMetadata":111,"parents":113,"keywords":112,"url":117},"LOAN AGREEMENT This Loan Agreement (\"Agreement\") is made and effective the [DATE], BETWEEN: [LENDER NAME] (the \"Lender\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Borrower\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Promise to Pay Within [NUMBER] months from today, Borrower promises to pay to Lender the sum of [AMOUNT], and interest and other charges stated below. Responsibility Although this Agreement may be signed below by more than one person, Borrower understands that both parties are individuals responsible for paying back the full amount. Breakdown of Loan Amount of Loan: Other (Describe): Amount Financed: Finance Charge: Total of Payments: Annual Rate: Repayment Borrower will repay the amount of this note in [NUMBER] equal uninterrupted monthly installments of [AMOUNT] each on the [DAY] of each month starting on the [DATE], and ending on [DATE]. Prepayment Borrower has the right to prepay the whole outstanding amount at any time","Loan Agreement","2",513,"https://templates.business-in-a-box.com/imgs/1000px/loan-agreement-D417.png","https://templates.business-in-a-box.com/imgs/250px/417.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#417.xml",{"title":112,"description":6},"loan agreement",[114,115,116],{"label":93,"url":94},{"label":96,"url":97},{"label":96,"url":97},"/template/loan-agreement-D417",{"description":119,"descriptionCustom":6,"label":120,"pages":121,"size":107,"extension":10,"preview":122,"thumb":123,"svgFrame":124,"seoMetadata":125,"parents":127,"keywords":126,"url":133},"REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [SELLER NAME], (the \"Seller\") an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [PURCHASER NAME], (the \"Purchaser\") an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Seller and Purchaser shall be referred to as the \"Parties.\" WHEREAS, the Seller is the owner of the real property located at [ADDRESS OF PROPERTY] (hereinafter referred to as the \"Property\") and the Purchaser is interested in buying the Property from the Seller pursuant to the following terms and conditions. WHEREAS, in consideration of and as a condition of the Seller selling the Property and the Purchaser purchasing the Property and other valuable consideration, the receipt and sufficiency of which are acknowledged here; NOW, THEREFORE, the Parties agree as follows: PROPERTY The Property is situated at [SPECIFY ADDRESS] and the legal description of the Property is as follows: [SPECIFY LEGAL DESCRIPTION OF PROPERTY] which includes with it but is not limited to permits, easements, and cooperative and association memberships (the \"Property\"). The Seller agrees to sell and convey to the Purchaser and the Purchaser agrees to purchase the Property from the Seller. The Seller shall release possession, occupancy, existing keys and/or means to operate all locks, mailbox, security system/alarms and all common area facilities to the Purchaser on the Closing Date. The Seller agrees that all the existing fixtures on the Premises, and any existing personal property including but not limited to light fixtures, fireplace, ceiling fans, lighting, and storage sheds shall be included in this sale and shall be transferred with no monetary value, and free and clear of all liens or encumbrances. PAYMENT OF PURCHASE PRICE The Purchaser agrees to pay to the Seller [SPECIFY AMOUNT] for the Property. At the time of signing of the Agreement, the Purchaser shall make the payment of [SPECIFY PERCENTAGE] % of the total amount. The remaining amount shall be transferred to the Seller on the Closing Date. The Purchaser is entitled to pay the amount by any of the following modes: [SPECIFY MODES OF PAYMENT]. TITLE INSURANCE The Seller shall furnish to the Purchaser an owner's policy of title insurance (the \"Title Insurance\") from [SPECIFY INSURANCE COMPANY] (the \"Title Company\") in an amount of the Sales Price dated as of the date that the sale of the Property becomes final, and the Purchaser takes possession, which insures and indemnifies the Purchaser against loss, as stipulated under the provisions of the Title Policy, subject to exceptions contained therein. TITLE COMMITMENT At the Seller's sole cost, the Seller will furnish or cause to be furnished to the Purchaser a commitment for the Title Insurance and copies of restrictive covenants and documents evidencing the exceptions in the Commitment. DISCLOSURES BY THE SELLER The Seller shall send disclosures to the Purchaser, within 28 days of signing of this Agreement, in which he shall disclose the details of the Property under various categories. The categories include: Boundaries. Changes made to the Property (extensions, alterations). Shared areas with neighbors, formal and informal agreements. Disputes or complaints (made by or about the Seller). Occupiers (who live at the Property). Guarantees and warranties affecting the Property. Environmental matters. The relevant issues disclosed to the Purchaser shall include, but are not limited to the following: Any disputes with neighbors that have resulted in written exchanges, or police or local authority involvement. Whether the neighbors have any anti-social behavior orders. Planning permission on the Property that is pending, granted or denied. Problems with pests, current or historic. Flooding issues, current or historic. Structural issues. Whether there is a flight path nearby or one planned. Whether there is a motorway within view or one planned. A previous sale falling through due to bad survey results on the Property. The neighborhood having high levels of crime. A violent death that occurred at the Property. Notwithstanding anything contained in the foregoing provisions, the Seller shall disclose all such information which would materially affect the Purchaser's consent to purchase the Property. WARRANTY BY THE SELLER The Seller has full power and authority to enter into and perform this Agreement in accordance with its terms; The individuals executing this Agreement on behalf of the Seller are authorized to do so and, upon execution hereof, this Agreement shall be binding upon and enforceable against the Seller; The Seller has no actual knowledge of any impending lawsuits with respect to the Property; The Seller represents and warrants that there will be no liens, assessments, or security interests from third parties against the Property on the Closing Date; The Seller warrants and shall maintain and repair the Premises so that at the time of possession, all the heating, cooling, mechanical, plumbing and electrical systems, and built-in appliances shall be in working condition; The Seller warrants that the Premises, including all additional existing personal property included in the sale, will be in substantially the same condition, except the changes caused by reasonable wear and tear or irresistible force, as on the date of acceptance of the Agreement; The Seller warrants that no damage would be caused to the Property, by any improvement work being carried out by the Seller in the Property, to substantially reduce its value or damage it in a way to make its enjoyment difficult. WARRANTY BY THE PURCHASER The Purchaser has full power and authority to enter into and perform this Agreement in accordance with its terms; and Any individual executing this Agreement on behalf of the Purchaser is authorized to do so, and, upon execution hereof, this Agreement shall be binding upon and enforceable against the Purchaser. INDEMNIFICATION The Seller will bear all the risk of loss to the Property or its improvements, which includes but is not limited to physical damage or destruction to the Property, or loss caused by eminent domain, until the Closing Date. If prior to the Closing Date, the Property is damaged or destroyed, the Seller will restore the Property to its previous condition as soon as possible before the Closing Date. The Seller agrees to defend, indemnify, and hold the Purchaser harmless from and against all claims, liabilities, obligations, costs, expenses, and reasonable attorney's fees arising out of or related to: Any breach or inaccuracy of representation or warranty of the Seller made in this Agreement; Any failure by the Seller to perform any covenant required to be performed by it under this Agreement; Any liability or obligation of any third party assumed by the Seller in accordance with the terms of this Agreement; Use of the Property before the Closing Date. PRORATION The Seller and the Purchaser agree to proration of the following items: Title Insurance and Closing Fee: The Seller shall pay all costs of the Title Commitment and the premium as applicable under law. Recording Costs: The Purchaser shall pay the cost of the deed and all other documents. Real Estate Taxes and Special Assessments: All real estate property taxes, levies and assessments as of the Closing","Real Estate Purchase Agreement","8","https://templates.business-in-a-box.com/imgs/1000px/real-estate-purchase-agreement-D13234.png","https://templates.business-in-a-box.com/imgs/250px/13234.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13234.xml",{"title":126,"description":6},"real estate purchase agreement",[128,130],{"label":17,"url":129},"business-legal-agreements",{"label":131,"url":132},"Purchase & Sale Agreements","purchase-sale-agreement","/template/real-estate-purchase-agreement-D13234",{"description":135,"descriptionCustom":6,"label":136,"pages":137,"size":138,"extension":10,"preview":139,"thumb":140,"svgFrame":141,"seoMetadata":142,"parents":143,"keywords":150,"url":151},"DEED OF SALE AND ASSIGNMENT This Deed of Sale and Assignment (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Party\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Second Party\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the First Party, as lessor, has entered into a [PRODUCT] equipment rental agreement (Contract No. [NUMBER]) [DATE] with the First Party; WHEREAS the Lessor has agreed to sell, assign, transfer and convey to the First Party, and the First Party has agreed to purchase, subject to the terms and conditions hereinafter provided, the Lease, as well as all of the Lessor's rights, title and interest in and to the Lease including, without limitation, the right to all rentals, fees, charges and all other monies or proceeds to become owing and due under the Lease by [NAME OF PRODUCT SUPPLIER] or any other party (collectively and individually, the \"Rentals\") and the equipment and other property, if any, described in the Lease and the Special Conditions or Annexes attached to the Lease (hereinafter, together with all equipment delivered in replacement therefore, all accessories and attachments thereto and spare parts therefore, and all owner manuals and user guides, collectively and individually referred to as the \"Equipment\"); NOW, THEREFORE, in consideration of the mutual promises herein made and the mutual benefits to be derived from this Agreement, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereby agree as follows: DEFINITIONS AND INTERPRETATION Definitions The following words and expressions, wherever used in this Agreement or in its Schedules, or in any deed, document, agreement or instrument supplementary or ancillary thereto, unless there be something in the subject or the context inconsistent therewith, shall have the following meanings: \"Business Day\" means any day excluding Saturday, Sunday and any other day which in [STATE/PROVINCE], [COUNTRY], is a legal holiday or a day on which financial institutions are authorized by law or by local proclamation to close; \"Collateral Rights\" has the meaning ascribed thereto in Section 2.1; \"Lessor\" means the Party of the Second Part and includes its successors and permitted assigns; \"The Lessor Acceptance\" has the meaning ascribed thereto in Section 2.9; \"The Lessor Notice\" has the meaning ascribed thereto \"the First Party\" means the Party of the First Part and includes its successors and assigns; \"the First Party Acceptance\" has the meaning ascribed thereto in Section 2.9; \"the First Party Notice\" has the meaning ascribed thereto in Section 2.9; \"the First Party Refusal\" has the meaning ascribed thereto in Section 2.9; \"Lease Term\" means, in respect of the Lease, the period beginning on the date of commencement thereof and ending on the earlier of: the last day of the term specified in Schedule \"A\" hereto; and the date as of which the Lease is terminated prior to the date referred to in paragraph for whatever reason, including, without limitation, by reason of loss or destruction of the [PRODUCT]. \"Lien\" means any interest in property or the income or profits therefrom securing an obligation owed to, or a claim by, a Person (including an individual) other than the owner of such property, whether such interest is based on common law, civil law, statute or contract, and including, but not limited to, any security interest, hypothec, mortgage, pledge, privilege, lien, claim, charge, cession, transfer, assignment, encumbrance, title retention agreement, lessor's interest under a lease which would be capitalized on a balance sheet of the owner of such property or analogous interest in, of or on any property or the income or profits therefrom of a Person (including an individual); \"Minimum Disposal Value\" means, in respect of any Lease, where such \"Minimum Disposal Value\" is to be determined on a date: between the date of execution of such Lease and up to and including the date being the last day of the [NUMBER] month of the Lease Term, the sum of the present value of the Rentals remaining due under such Lease on such date and the present value of the Residual Value of such Lease, each calculated by employing for the purposes of such calculation the \"Discount Rate\"; however, if the Residential Mortgage Rate on the date as of which such calculation must be made is less than the Residential Mortgage Rate which existed on the date of the relevant Deed of Sale and Assignment, then \"Minimum Disposal Value\" shall be equal to the sum of the product resulting from the aforementioned calculation and an amount equal to the amount certified by the First Party to be sufficient to compensate it for all losses, expenses and costs incurred by the First Party in connection with the redeployment of funds; being the [NUMBER] day of the [NUMBER] month of the Lease Term or at any time thereafter, the sum of the present value of the Rentals remaining due under such Lease on such date and the present value of the Residual Value of such Lease, each calculated by employing for the purposes of such calculation the \"Discount Rate\" hereof, less [%]; \"Person\" means any corporation, firm, joint venture, partnership, trust, unincorporated organization, government or any department, agency or instrumentality of any government; \"Prime Rate\" has the meaning ascribed thereto in Section 6.6 hereof; \"Purchase Price\" has the meaning ascribed thereto in Section 2.1 hereof; \"Residential Mortgage Rate\" means interest at a rate per annum equal to the rate published or quoted from time to time by the the First Party as the reference rate of interest in order to determine rates for loans in [CURRENCY] funds to [NATIONALITY] borrowers secured by first-ranking mortgages against the personal residences of such borrowers for terms approximately equal to the Lease Term or the balance of the Lease Term, as the case may be, in all cases adjusted automatically upon each change in such rate; save and except, however, that if said rate, by reason of the proclamation, imposition or change in any [YOUR COUNTRY LAW], statute, regulation, decree, order or directive applicable to or binding upon the First Party, does not represent, by an amount which [COUNTRY] Bank of [COUNTRY] deems in its sole discretion to be material, what otherwise would be the prevailing market rate for such loans, then, for the purposes hereof, \"Residential Mortgage Rate\" shall be equal to the rate determined by the First Party as would be the prevailing market rate therefore; \"Stipulated Loss Value\" means, in respect of any Lease, where such \"Stipulated Loss Value\" is to be determined on a date upon which a rental payment is due, the amount appearing opposite the number of such rental payment on Schedule [SPECIFY] hereto. In all other cases, \"Stipulated Loss Value\" means the amount appearing opposite the number of the immediately preceding rental payment, which was due, multiplied by a rate equal to the Prime Rate plus two [%] per annum; \"this Agreement\", \"these presents\", \"herein\", \"hereby\", \"hereunder\", \"hereof\" and similar expressions refer collectively to this Master Assignment Agreement and the accompanying Schedules and include any and every deed, document or instrument which is supplementary or ancillary hereto or in implementation hereof; \"Transaction Date\" has the meaning ascribed thereto in Section 2.6 hereof; \"Upgraded Lease\" has the meaning ascribed thereto in Section 2.9. Singular, Plurals and Currency","Deed of Sale and Assignment Lease","14",134,"https://templates.business-in-a-box.com/imgs/1000px/deed-of-sale-and-assignment_lease-D1171.png","https://templates.business-in-a-box.com/imgs/250px/1171.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1171.xml",{"title":6,"description":6},[144,147],{"label":145,"url":146},"Real Estate","real-estate-business",{"label":148,"url":149},"Business Checklists","business-checklists","deed sale assignment lease","/template/deed-of-sale-and-assignment-lease-D1171",{"description":153,"descriptionCustom":6,"label":154,"pages":106,"size":107,"extension":10,"preview":155,"thumb":156,"svgFrame":157,"seoMetadata":158,"parents":160,"keywords":159,"url":163},"EXCLUSIVE LEASE AGREEMENT This is an Exclusive Lease Agreement (the \"Agreement\") effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Lessor\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [LESSEE NAME] (the \"Lessee\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] TERMS It is agreed that: Lessor does hereby agree to grant, demise and let and Lessee does hereby agree to take premises situated in [CITY, STATE/PROVINCE] at [ADDRESS] and described as [DESCRIBE] with appurtenances, from Start Date [DATE] to Ending Date [DATE], at the rent or sum of [AMOUNT], to be paid as follows: [ENTER LEASE TERMS] The parties here shall execute the lease herein provided for on [DATE]. The Lessor shall [Enter any utilities and/or maintenance paid by Lessor]. ","Exclusive Lease Agreement","https://templates.business-in-a-box.com/imgs/1000px/exclusive-lease-agreement-D12808.png","https://templates.business-in-a-box.com/imgs/250px/12808.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12808.xml",{"title":159,"description":6},"exclusive lease agreement",[161,162],{"label":17,"url":129},{"label":17,"url":129},"/template/exclusive-lease-agreement-D12808",{"description":165,"descriptionCustom":6,"label":166,"pages":106,"size":107,"extension":10,"preview":167,"thumb":168,"svgFrame":169,"seoMetadata":170,"parents":172,"keywords":171,"url":178},"PERSONAL GUARANTEE This Personal Guarantee (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Guarantor\"), an individual with his main address located at: [YOUR COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Second Party\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] I, [NAME OF GUARANTOR], residing at [COMPLETE ADDRESS], hereby personally and solidarity guarantee all of the obligations of [YOUR COMPANY NAME] and agree to be bound solidarity with [YOUR COMPANY NAME] for the prompt performance of [YOUR COMPANY NAME]'s obligations under that certain [SPECIFY] Agreement dated [DATE] (the \"Agreement\") between [YOUR COMPANY NAME] and [COMPANY NAME], including without limitation the payment of all goods, wares and merchandise as [YOUR COMPANY NAME] may from time to time select and purchase on credit from [COMPANY NAME], and hereby expressly renounce to the benefits of division and discussion. Furthermore, I agree that waive may extend the time for payment of any amounts owing to it by waive and/or may waive any default by waive without it in any way lessening or limiting my liability hereunder. Notwithstanding the foregoing, my guarantee hereunder to pay any and all amounts owing by [YOUR COMPANY NAME] to [COMPANY NAME] shall be limited to the sum of [AMOUNT] OR [%] of such outstanding amount.","Personal Guarantee","https://templates.business-in-a-box.com/imgs/1000px/personal-guarantee-D405.png","https://templates.business-in-a-box.com/imgs/250px/405.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#405.xml",{"title":171,"description":6},"personal guarantee",[173,174,175],{"label":93,"url":94},{"label":96,"url":97},{"label":176,"url":177},"Guaranties & Collateral","guaranties-collateral","/template/personal-guarantee-D405",false,{"seo":181,"reviewer":194,"legal_disclaimer":198,"quick_facts":199,"at_a_glance":201,"personas":205,"variants":230,"glossary":257,"clauses":293,"how_to_fill":343,"common_mistakes":384,"faqs":409,"industries":437,"comparisons":454,"diy_vs_lawyer":469,"jurisdictions":482,"related_template_ids_curated":503,"schema":515,"classification":516},{"meta_title":182,"meta_description":183,"primary_keyword":184,"secondary_keywords":185},"Mortgage Deed Template | BIB","Free mortgage deed template for securing a loan against real property. Covers borrower and lender details, loan terms, covenants, and default provisions.","mortgage deed template",[186,187,188,189,190,191,192,193],"mortgage deed form","mortgage deed template word","mortgage deed free download","real estate mortgage deed","deed of mortgage template","mortgage agreement template","property mortgage deed","mortgage deed document",{"name":195,"credential":196,"reviewed_date":197},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":200,"legal_review_recommended":198,"signature_required":198,"notarization_required":198},"advanced",{"what_it_is":202,"when_you_need_it":203,"whats_inside":204},"A Mortgage Deed is a legally binding document in which a borrower (mortgagor) pledges real property as collateral to secure a loan from a lender (mortgagee). This free Word download gives you a structured, attorney-ready starting point covering all material terms — parties, property description, loan amount, repayment schedule, covenants, and default remedies — which you can edit online and export as PDF for execution and recording with the relevant land registry.\n","Use it whenever a lender requires a formal security interest in real property as a condition of extending a loan — including residential home purchases, commercial property acquisitions, refinancing, and equity release transactions. It is typically executed alongside a promissory note at the closing of a real estate transaction.\n","Borrower and lender identification, legal description of the mortgaged property, principal loan amount and interest rate, repayment schedule and maturity date, borrower covenants (insurance, taxes, maintenance), default and acceleration provisions, and the lender's power of sale or foreclosure rights upon default.\n",[206,210,214,218,222,226],{"title":207,"use_case":208,"icon_asset_id":209},"Homebuyers","Securing a purchase-money mortgage for a residential property acquisition","persona-homebuyer",{"title":211,"use_case":212,"icon_asset_id":213},"Real estate investors","Pledging a commercial or investment property as collateral for financing","persona-real-estate-investor",{"title":215,"use_case":216,"icon_asset_id":217},"Private lenders","Documenting a private loan secured against a borrower's real property","persona-private-lender",{"title":219,"use_case":220,"icon_asset_id":221},"Small business owners","Using owned commercial property as security for a business expansion loan","persona-small-business-owner",{"title":223,"use_case":224,"icon_asset_id":225},"Property developers","Financing land acquisition or construction against the development site","persona-property-developer",{"title":227,"use_case":228,"icon_asset_id":229},"Refinancing borrowers","Replacing an existing mortgage deed with new terms after a rate renegotiation","persona-refinancing-borrower",[231,235,238,242,246,250,253],{"situation":232,"recommended_template":233,"slug":234},"Purchasing a residential home with a bank or credit union loan","Residential Mortgage Deed","mortgage-deed-D988",{"situation":236,"recommended_template":237,"slug":234},"Securing financing against a commercial property or office building","Commercial Mortgage Deed",{"situation":239,"recommended_template":240,"slug":241},"Borrowing from a private individual rather than an institution","Private Mortgage Agreement","private-placement-agreement-D13233",{"situation":243,"recommended_template":244,"slug":245},"Borrowing against home equity without selling the property","Home Equity Loan Agreement","shared-equity-agreement-D12875",{"situation":247,"recommended_template":248,"slug":249},"Securing a construction loan against land during a build","Construction Loan Deed of Trust","assignment-of-deed-of-trust-D975",{"situation":251,"recommended_template":86,"slug":252},"Documenting the underlying loan obligation separately from the security","promissory-note-D434",{"situation":254,"recommended_template":255,"slug":256},"Releasing or discharging a mortgage after full repayment","Mortgage Discharge / Release Deed","deed-of-discharge-D980",[258,261,264,267,270,273,276,279,281,284,287,290],{"term":259,"definition":260},"Mortgagor","The borrower who pledges real property as collateral to secure a loan.",{"term":262,"definition":263},"Mortgagee","The lender who receives the security interest in the mortgaged property as collateral for the loan.",{"term":265,"definition":266},"Legal Description","A precise, government-recorded description of a parcel of land using lot number, block, subdivision, or metes-and-bounds survey — distinct from a street address.",{"term":268,"definition":269},"Principal","The original loan amount borrowed, before any interest accrues.",{"term":271,"definition":272},"Acceleration Clause","A provision that makes the entire remaining loan balance immediately due and payable upon a specified default event, such as missed payments or an unauthorized property transfer.",{"term":274,"definition":275},"Power of Sale","A clause granting the lender the right to sell the mortgaged property without a court order upon borrower default, available in certain jurisdictions.",{"term":277,"definition":278},"Foreclosure","The legal process by which a lender terminates the borrower's ownership interest in mortgaged property after default, either judicially or non-judicially depending on jurisdiction.",{"term":86,"definition":280},"A separate document in which the borrower promises to repay the loan — the mortgage deed secures that promise against real property.",{"term":282,"definition":283},"Lien","A legal claim against real property that must be satisfied before the property can be transferred free and clear to a new owner.",{"term":285,"definition":286},"Subordination","An agreement in which a lender with a higher-priority lien agrees to rank below a newer lender, typically required when refinancing.",{"term":288,"definition":289},"Escrow","An account held by a neutral third party — often the lender's servicer — into which the borrower deposits funds for property taxes and insurance premiums.",{"term":291,"definition":292},"Due-on-Sale Clause","A provision requiring the borrower to repay the full loan balance if the mortgaged property is sold or transferred without the lender's written consent.",[294,299,304,309,314,319,324,329,333,338],{"name":295,"plain_english":296,"sample_language":297,"common_mistake":298},"Parties and Recitals","Identifies the borrower (mortgagor) and lender (mortgagee) by full legal name and address, and provides background on the underlying loan transaction.","This Mortgage Deed is made on [DATE] between [BORROWER FULL LEGAL NAME] of [BORROWER ADDRESS] ('Mortgagor') and [LENDER FULL LEGAL NAME] of [LENDER ADDRESS] ('Mortgagee'). The Mortgagor has obtained a loan of [LOAN AMOUNT] from the Mortgagee pursuant to a Promissory Note of even date.","Using a borrower's trade name or nickname instead of the legal name as it appears on the property title — a mismatch creates a defective security interest that may be unperfected or unenforceable on default.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"Property Description and Grant of Mortgage","Provides the full legal description of the mortgaged property and formally grants the lender a security interest in it as collateral for the loan.","The Mortgagor hereby mortgages, grants, and conveys to the Mortgagee, as security for the Loan, all that certain real property located at [STREET ADDRESS], legally described as: [FULL LEGAL DESCRIPTION FROM TITLE / DEED] ('Property'), together with all improvements, fixtures, and appurtenances.","Using a street address instead of the full legal description from the title deed. A street address alone is insufficient to perfect a mortgage lien in any jurisdiction — it can result in the deed being rejected by the land registry.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"Loan Amount, Interest Rate, and Term","States the principal amount secured, the interest rate (fixed or variable), the repayment schedule, and the maturity date.","This Mortgage secures the principal sum of [$ AMOUNT] bearing interest at [X]% per annum ([fixed / variable, adjusting annually based on [INDEX] + [MARGIN]%]), repayable in [NUMBER] monthly installments of $[AMOUNT], commencing [DATE], with all unpaid principal and interest due and payable on [MATURITY DATE].","Failing to specify whether the interest rate is fixed or variable and, if variable, the index and cap. Ambiguity on rate terms creates disputes and may render the acceleration clause unenforceable.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"Borrower Covenants","Sets out the borrower's ongoing obligations while the mortgage is in place — maintaining insurance, paying taxes, keeping the property in good repair, and not altering or encumbering it without consent.","The Mortgagor covenants and agrees to: (a) maintain property insurance of no less than $[AMOUNT] naming Mortgagee as loss payee; (b) pay all real property taxes and assessments before delinquency; (c) maintain the Property in good repair; and (d) not grant any additional lien or encumbrance on the Property without Mortgagee's prior written consent.","Listing covenants without specifying cure periods. If the borrower breaches a covenant and no notice-and-cure period is specified, lenders may trigger acceleration prematurely, exposing themselves to wrongful-foreclosure claims.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"Acceleration and Default","Defines what constitutes a default event and triggers the lender's right to call the entire remaining loan balance immediately due and payable.","Each of the following constitutes an Event of Default: (a) failure to make any payment within [X] days of the due date; (b) breach of any covenant herein not cured within [X] days of written notice; (c) any sale, transfer, or encumbrance of the Property without Mortgagee's consent; (d) insolvency or bankruptcy of the Mortgagor. Upon an Event of Default, Mortgagee may declare the entire unpaid principal and accrued interest immediately due and payable.","Omitting a cure period before acceleration. Courts in many jurisdictions require that borrowers receive reasonable notice and an opportunity to cure before the lender can accelerate — omitting this exposes the lender to foreclosure delays or damages.",{"name":320,"plain_english":321,"sample_language":322,"common_mistake":323},"Power of Sale and Foreclosure Rights","Grants the lender the right to sell or foreclose on the property if the borrower defaults, subject to applicable jurisdictional procedures.","Upon an Event of Default, and subject to applicable law, Mortgagee shall have the right to foreclose this Mortgage by [judicial action / exercise of power of sale] and to apply the proceeds of sale, after deduction of all costs and expenses of sale, to the outstanding Loan obligations, with any surplus remitted to the Mortgagor.","Using power-of-sale language in a jurisdiction that requires judicial foreclosure. In states like Florida and New York, non-judicial foreclosure is not available — including an inapplicable power-of-sale clause creates confusion and can delay enforcement.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Escrow for Taxes and Insurance","Requires the borrower to fund an escrow account managed by the lender or servicer for property tax and insurance payments, reducing the risk of a tax lien or uninsured property loss.","Mortgagor shall pay to Mortgagee, together with each monthly installment, a sum equal to [1/12] of the annual property taxes and insurance premiums estimated by Mortgagee, to be held in escrow and disbursed by Mortgagee when due. Mortgagee shall provide an annual escrow account statement.","Making escrow optional in the deed but mandatory under a separate servicing agreement — inconsistent documents create disputes over whether the borrower was in breach when taxes or insurance lapsed.",{"name":291,"plain_english":330,"sample_language":331,"common_mistake":332},"Prohibits the borrower from transferring the mortgaged property to a new owner without triggering full repayment of the loan, preventing an uncredited buyer from assuming the mortgage without lender approval.","If all or any part of the Property, or any interest therein, is sold, transferred, or otherwise conveyed by Mortgagor without Mortgagee's prior written consent, Mortgagee may, at its option, require immediate payment in full of all sums secured by this Mortgage.","Omitting exceptions for permitted transfers — such as transfers to a trust for estate-planning purposes or transfers between spouses. Without exceptions, routine estate-planning moves can technically trigger acceleration.",{"name":334,"plain_english":335,"sample_language":336,"common_mistake":337},"Release and Discharge","Specifies that the mortgage lien will be discharged and released from the property title upon full repayment of the loan, and sets a timeline for the lender to file the release.","Upon payment in full of all sums secured hereby, Mortgagee shall, within [30] days, execute and deliver to Mortgagor a discharge or release of this Mortgage in registrable form, at Mortgagor's expense, and shall take all steps reasonably required to remove this Mortgage from title.","No timeline for discharge. Lenders who delay filing the release after payoff expose the borrower to title defects that can block a subsequent sale — and in many jurisdictions trigger statutory penalties.",{"name":339,"plain_english":340,"sample_language":341,"common_mistake":342},"Governing Law and Recording","Specifies the jurisdiction whose law governs the mortgage and acknowledges that the deed must be recorded with the appropriate land registry or county recorder to be effective against third parties.","This Mortgage Deed is governed by the laws of [STATE / PROVINCE / COUNTRY]. The Mortgagor authorizes and directs the Mortgagee to register or record this Mortgage with the [COUNTY RECORDER / LAND REGISTRY] for [COUNTY / DISTRICT], [STATE / PROVINCE], at the Mortgagor's expense.","Choosing a governing law that differs from the jurisdiction where the property is located. Real property is governed by the law of the situs — a choice-of-law clause selecting a different state is generally unenforceable for mortgage-related remedies.",[344,349,354,359,364,369,374,379],{"step":345,"title":346,"description":347,"tip":348},1,"Enter the full legal names and addresses of both parties","Use the borrower's legal name exactly as it appears on the property title. For the lender, use the registered entity name. Include complete mailing addresses for both parties.","If the property is held by a trust or LLC, the entity — not the individual — must appear as mortgagor, and you will need the entity's organizational documents at closing.",{"step":350,"title":351,"description":352,"tip":353},2,"Insert the full legal property description","Obtain the legal description from the current title deed, survey, or title commitment. Copy it verbatim — lot number, block, subdivision, and any metes-and-bounds language — into the property description clause.","Never rely on a street address or assessor parcel number alone. The legal description is the only description that perfects the lien against third parties in every jurisdiction.",{"step":355,"title":356,"description":357,"tip":358},3,"State the loan amount, interest rate, and repayment schedule","Enter the principal amount, whether the rate is fixed or variable (and if variable, the index, margin, and cap), the number and amount of monthly payments, and the maturity date.","Cross-reference these figures against the Promissory Note executed simultaneously — any discrepancy between the two documents creates enforceability risk.",{"step":360,"title":361,"description":362,"tip":363},4,"Complete the borrower covenants block","Specify minimum insurance coverage amounts, name the lender as additional insured or loss payee, and confirm the tax payment covenant. Add any property-specific restrictions the lender requires — no demolition, no subdivision, no unauthorized liens.","Set a notice-and-cure period of at least 30 days for non-monetary covenant breaches to reduce wrongful-foreclosure exposure.",{"step":365,"title":366,"description":367,"tip":368},5,"Define default events and cure periods","List each event of default with precision — number of days for a payment default, days for notice-and-cure on covenant breaches, and triggering events such as bankruptcy or unauthorized transfer.","Check the statutory notice requirements in the governing jurisdiction before setting cure periods. Several US states mandate 30–90 day cure notices before a lender can accelerate or foreclose.",{"step":370,"title":371,"description":372,"tip":373},6,"Select the applicable foreclosure remedy","Choose judicial foreclosure, power of sale, or deed of trust structure based on where the property is located. Remove inapplicable remedy language from the template to avoid conflict.","In approximately 30 US states, a deed of trust (with a trustee) is the preferred security instrument over a traditional mortgage — consult local counsel before choosing the form.",{"step":375,"title":376,"description":377,"tip":378},7,"Have the deed executed before a notary","Both parties must sign before a notary public (or, in the UK, before a witness). Notarization is required for recording in virtually every US state and Canadian province.","Ensure the notary's commission has not expired before the signing appointment — an expired-commission notarization is a defective acknowledgment and will be rejected by the recorder's office.",{"step":380,"title":381,"description":382,"tip":383},8,"Record the deed with the land registry immediately after closing","Submit the notarized original to the county recorder, land registry office, or relevant authority in the jurisdiction where the property is located. Pay the applicable recording or stamp duty fees.","Recording priority is determined by the date and time of filing in most jurisdictions — delay in recording can allow a subsequent lender who records first to take a superior lien position.",[385,389,393,397,401,405],{"mistake":386,"why_it_matters":387,"fix":388},"Using a street address instead of a legal property description","A street address does not legally identify a parcel with the specificity required by land registries. The deed may be rejected for recording, leaving the lender's lien unperfected and subordinate to any subsequent creditor who does record.","Obtain the full legal description from the title commitment or existing deed and copy it verbatim into the property description clause before execution.",{"mistake":390,"why_it_matters":391,"fix":392},"Failing to record the deed promptly after closing","An unrecorded mortgage is effective between the parties but provides no protection against third parties — a second lender or judgment creditor who records first will take priority over the unrecorded mortgage in most jurisdictions.","Record the executed deed with the applicable county recorder or land registry on the same day as closing, or use a settlement agent with instructions to record immediately.",{"mistake":394,"why_it_matters":395,"fix":396},"Omitting default cure periods","Triggering acceleration without providing the borrower a contractually defined opportunity to cure can expose the lender to wrongful-foreclosure claims and delay court-supervised enforcement proceedings.","Include explicit cure periods — typically 10 days for payment defaults and 30 days for covenant breaches — with written notice required before acceleration.",{"mistake":398,"why_it_matters":399,"fix":400},"Using power-of-sale language in a judicial-foreclosure-only state","States like Florida, New York, and New Jersey require court-ordered foreclosure. Including non-judicial power-of-sale language creates a procedural conflict that courts may use to challenge the lender's enforcement action.","Verify whether the property's jurisdiction permits non-judicial foreclosure and remove inapplicable remedy language before execution. In deed-of-trust states, use the deed-of-trust form rather than a traditional mortgage.",{"mistake":402,"why_it_matters":403,"fix":404},"Mismatching figures between the mortgage deed and promissory note","Discrepancies in principal amount, interest rate, or maturity date between the two documents create ambiguity about which terms control — courts may find the mortgage secures a different obligation than intended.","Prepare both documents simultaneously and cross-reference the key financial figures before any party signs. A single source spreadsheet for loan terms eliminates transcription errors.",{"mistake":406,"why_it_matters":407,"fix":408},"No discharge timeline after full repayment","Without a contractual deadline for the lender to file a release after payoff, borrowers can face months of delay — preventing a subsequent sale or refinance and, in some jurisdictions, triggering statutory penalties against the lender.","Specify that the lender must deliver a registrable discharge within 30 days of full repayment and bear any penalty for failure to do so within that period.",[410,413,416,419,422,425,428,431,434],{"question":411,"answer":412},"What is a mortgage deed?","A mortgage deed is a legal document in which a borrower (mortgagor) formally pledges real property as collateral to secure a loan from a lender (mortgagee). It creates a lien on the property that is recorded in the public land registry, giving the lender the right to foreclose and sell the property if the borrower defaults on the underlying loan. The mortgage deed works alongside a promissory note — the note is the borrower's promise to repay; the deed is the security for that promise.\n",{"question":414,"answer":415},"What is the difference between a mortgage deed and a promissory note?","A promissory note is the borrower's personal promise to repay a specific sum of money on specific terms — it creates a debt obligation. A mortgage deed is the security instrument that ties that debt obligation to a specific piece of real property. If the borrower defaults, the lender enforces the mortgage deed against the property rather than pursuing only a personal judgment on the note. Both documents are typically executed at the same closing and cross-reference each other.\n",{"question":417,"answer":418},"What is the difference between a mortgage deed and a deed of trust?","In a mortgage deed, there are two parties — the borrower and the lender. In a deed of trust, there are three — the borrower (trustor), the lender (beneficiary), and a neutral third-party trustee who holds legal title to the property during the loan term. Deeds of trust are preferred in roughly 30 US states because they allow non-judicial foreclosure through the trustee, which is faster and less expensive than court-supervised mortgage foreclosure. The practical effect for the borrower is similar; the enforcement mechanism differs significantly.\n",{"question":420,"answer":421},"Does a mortgage deed need to be notarized?","Yes, in virtually every US state and Canadian province, a mortgage deed must be acknowledged before a notary public before it can be recorded with the county recorder or land registry. In England and Wales, a mortgage deed must be executed as a deed — signed in the presence of an independent witness who attests the signature. An unnotarized or improperly witnessed deed will be rejected for recording, leaving the lender's lien unperfected.\n",{"question":423,"answer":424},"What happens if a mortgage deed is not recorded?","An unrecorded mortgage deed is generally enforceable between the original borrower and lender, but it provides no protection against third parties. A subsequent lender or judgment creditor who records their interest before the original mortgage is recorded will typically take a superior lien position — meaning they get paid first from foreclosure proceeds. In most jurisdictions, recording immediately at or after closing is essential to protect the lender's priority.\n",{"question":426,"answer":427},"What is an acceleration clause in a mortgage deed?","An acceleration clause allows the lender to demand the entire remaining loan balance immediately upon a defined default event — such as missed payments, an unauthorized property transfer, or the borrower's bankruptcy. Without an acceleration clause, the lender could only sue for each missed payment individually rather than enforcing the full debt at once. Most mortgage deeds include a notice-and-cure period before acceleration can be triggered, which is also required by statute in many jurisdictions.\n",{"question":429,"answer":430},"Can a borrower transfer mortgaged property to someone else?","Not without the lender's consent if the mortgage deed contains a due-on-sale clause, which most do. A due-on-sale clause allows the lender to accelerate the full loan balance if the property is sold or transferred without prior written approval. Federal law (the Garn-St. Germain Act) prohibits lenders from enforcing due-on-sale in certain circumstances — such as transfers to a spouse or children upon death — but commercial mortgage deeds are typically not subject to those exemptions.\n",{"question":432,"answer":433},"Do I need a lawyer to prepare a mortgage deed?","For standard residential transactions, most lenders use in-house or title-company counsel to prepare the deed; a high-quality template forms the structural basis. Independent legal review is strongly recommended whenever the transaction involves commercial property, a private lender, a non-standard loan structure, or cross-border parties. Attorneys fees for mortgage deed review typically run $300–$800 for straightforward transactions and $1,500–$5,000 for complex commercial deals — modest relative to the property values at stake.\n",{"question":435,"answer":436},"How is a mortgage deed discharged after the loan is repaid?","Upon full repayment, the lender must execute and deliver a formal discharge or release of mortgage — sometimes called a satisfaction of mortgage — which is then recorded with the same land registry where the original deed was filed. Recording the discharge clears the lien from the property title. Most jurisdictions impose a statutory deadline (commonly 30–90 days after payoff) on lenders to provide the discharge, with financial penalties for non-compliance.\n",[438,442,446,450],{"industry":439,"icon_asset_id":440,"specifics":441},"Residential Real Estate","industry-real-estate","Standard purchase-money and refinance mortgages; lenders require the deed to comply with Fannie Mae/Freddie Mac uniform instrument standards for loan resale on the secondary market.",{"industry":443,"icon_asset_id":444,"specifics":445},"Commercial Real Estate","industry-commercial-real-estate","Commercial mortgage deeds typically include assignment-of-rents clauses, environmental indemnities, and cash-management covenants not found in residential instruments.",{"industry":447,"icon_asset_id":448,"specifics":449},"Construction and Development","industry-construction","Construction loan mortgages use a future-advance clause allowing the lender to disburse funds in draws as construction milestones are met, with the deed securing the full committed amount from day one.",{"industry":451,"icon_asset_id":452,"specifics":453},"Private Lending and Hard Money","industry-private-lender","Private lenders rely almost exclusively on the mortgage deed as their security — with no institutional servicing infrastructure, precise default and cure language, and a rapid-enforcement power-of-sale clause are critical.",[455,459,462,465],{"vs":456,"vs_template_id":457,"summary":458},"Deed of Trust","D{DEED_OF_TRUST_ID}","A deed of trust involves three parties — borrower, lender, and a trustee who holds legal title — while a mortgage deed involves only borrower and lender. Deeds of trust are used in roughly 30 US states and allow non-judicial foreclosure through the trustee, which is significantly faster than court-supervised mortgage foreclosure. In mortgage states, the mortgage deed is the correct instrument; using the wrong form can invalidate enforcement rights.",{"vs":86,"vs_template_id":460,"summary":461},"promissory-note-D193","A promissory note is the borrower's personal promise to repay a debt and creates a personal liability. A mortgage deed secures that promise against specific real property, creating a lien enforceable through foreclosure. Both documents are executed at the same closing and must cross-reference each other precisely — the mortgage deed is meaningless without an underlying obligation, and the note alone gives the lender no right to the property.",{"vs":105,"vs_template_id":463,"summary":464},"loan-agreement-D184","A loan agreement governs the terms of a lending relationship — draw conditions, covenants, representations, and events of default — and may or may not be secured. A mortgage deed is specifically the security instrument that ties a loan obligation to real property. Commercial transactions often use both: a loan agreement for the full governance framework and a mortgage deed (or deed of trust) as the real-property security document.",{"vs":466,"vs_template_id":467,"summary":468},"Land Contract (Contract for Deed)","D{LAND_CONTRACT_ID}","In a land contract (contract for deed), the seller retains legal title to the property until the buyer completes all payments — the buyer holds only equitable title during the payment period. In a mortgage arrangement, the buyer receives legal title immediately and the lender holds a lien. Mortgage deeds are the standard institutional financing instrument; land contracts are used in seller-financed transactions and carry different legal risks for both parties.",{"use_template":470,"template_plus_review":474,"custom_drafted":478},{"best_for":471,"cost":472,"time":473},"Borrowers and private lenders with straightforward single-property transactions in familiar jurisdictions who need a structured starting point","Free","30–60 minutes to complete",{"best_for":475,"cost":476,"time":477},"Residential closings with non-institutional lenders, refinance transactions, or any deal where the parties are not using a title company","$300–$800","2–5 business days",{"best_for":479,"cost":480,"time":481},"Commercial property transactions, construction loans, cross-border borrowers, multi-property portfolios, or any loan above $1M","$1,500–$5,000+","1–3 weeks",[483,488,493,498],{"code":484,"name":485,"flag_asset_id":486,"note":487},"us","United States","flag-us","The US is split between mortgage states (where a traditional two-party mortgage deed is used) and deed-of-trust states (where a three-party instrument with a trustee is preferred for its non-judicial foreclosure speed). Key mortgage states include New York, Florida, and Illinois; deed-of-trust states include California, Texas, and Virginia. State law governs foreclosure procedures, required notice periods (ranging from 30 days to 12 months), and mandatory cure rights. The Garn-St. Germain Act restricts enforcement of due-on-sale clauses in certain residential transfers.",{"code":489,"name":490,"flag_asset_id":491,"note":492},"ca","Canada","flag-ca","In most Canadian provinces, mortgages are registered under provincial land titles or land registry systems — the specific form and registration process varies significantly by province. Ontario uses a charge under the Land Titles Act rather than a traditional mortgage deed. Quebec uses a hypothec under the Civil Code, which is conceptually similar but procedurally distinct. Foreclosure is rare in Canada; power-of-sale (available in Ontario and Atlantic provinces) is the standard enforcement mechanism and typically takes 35–60 days after notice.",{"code":494,"name":495,"flag_asset_id":496,"note":497},"uk","United Kingdom","flag-uk","In England and Wales, mortgages over registered land are created by a legal charge registered at HM Land Registry — the traditional conveyance of title to the lender no longer applies under the Land Registration Act 2002. The deed must be executed in the prescribed form, signed by the borrower in the presence of an independent witness. Lenders must comply with FCA mortgage conduct rules for regulated residential mortgages. In Scotland, the standard security over land is a distinct instrument governed by the Conveyancing and Feudal Reform (Scotland) Act 1970.",{"code":499,"name":500,"flag_asset_id":501,"note":502},"eu","European Union","flag-eu","Mortgage law in the EU is not harmonized — each member state has its own security instrument, registration system, and foreclosure procedure. France uses a hypothèque, Germany uses a Grundschuld (land charge) or Hypothek, and Spain uses a hipoteca. The EU Mortgage Credit Directive (2014/17/EU) harmonizes pre-contractual disclosure and conduct standards for residential mortgage lenders but does not standardize the security instrument itself. Cross-border EU mortgages — rare in practice — typically require local counsel in each property's jurisdiction.",[252,504,505,506,507,508,509,510,511,512,513,514],"loan-agreement-D417","real-estate-purchase-agreement-D13234","deed-of-sale-and-assignment-lease-D1171","exclusive-lease-agreement-D12808","personal-guarantee-D405","security-agreement-D915","non-disclosure-agreement-nda-D12692","letter-of-intent_acquisition-of-business-D5197","affidavit-D843","general-power-of-attorney-D1037","transfer-of-title-warranty-deed-D992",{"emit_how_to":198,"emit_defined_term":198},{"primary_folder":129,"secondary_folder":517,"document_type":518,"industry":519,"business_stage":520,"tags":521,"confidence":527},"loans-and-promissory-notes","agreement","general","all-stages",[522,523,524,525,526],"real-estate","loan","legal","mortgage-deed","collateral",0.95,"\u003Ch2>What is a Mortgage Deed?\u003C/h2>\n\u003Cp>A \u003Cstrong>Mortgage Deed\u003C/strong> is a legally binding security instrument in which a borrower — the mortgagor — formally pledges real property as collateral to secure a loan from a lender — the mortgagee. When recorded with the appropriate land registry or county recorder, it creates a lien on the property that is enforceable against the borrower and against any subsequent purchaser or creditor who takes an interest in the same property. The deed works in tandem with a promissory note: the note records the borrower's promise to repay the debt; the mortgage deed ties that promise to a specific parcel of land, giving the lender the right to foreclose and recover the outstanding balance from the sale proceeds if the borrower defaults.\u003C/p>\n\u003Cp>Unlike a simple loan agreement, a mortgage deed is a public document — recorded in the land registry, visible to title searchers, and binding on the world from the moment of recording. It governs not just the borrower's repayment obligation but a full set of ongoing covenants: maintaining adequate insurance, paying property taxes, keeping the property in good repair, and obtaining lender consent before encumbering or transferring the title.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a properly executed and recorded mortgage deed, a lender extending a property-secured loan has no enforceable claim against the real estate — only a personal claim against the borrower. If the borrower becomes insolvent or transfers the property, an unsecured lender stands in line with general creditors and may recover nothing. A mortgage deed eliminates that exposure by creating a priority lien that travels with the property title and must be satisfied before any subsequent owner receives clear title. For borrowers, a correctly drafted deed protects against lender overreach by specifying cure periods, the exact events that trigger acceleration, and the lender's obligation to discharge the lien promptly after full repayment. Whether you are a homebuyer closing on your first property, a private lender advancing funds against a commercial asset, or a business owner leveraging owned real estate for growth capital, this template provides the structured foundation that both sides need for a transaction that is legally sound from execution through final payoff.\u003C/p>\n",1778773603766]