Memorandum of Common Provisions of  Mortgage

Regular use is made of a Memorandum of Common Provisions (MCP) to include provisions in Instruments and plans e.g. covenants in mortgages, restrictive covenants and easements in transfers and covenants in leases.

Memorandum of common provisions being the standard mortgage terms & conditions drafted by Kalde & Associates and lodged with NSW Land Registry Services for incorporation by reference.

We have also included an unbranded version (without the author’s logo), and a Word version so that you can include your own branding if you wish.

33 Pages Long

MORTGAGE MEMORANDUM OF COMMON PROVISIONS

1. DEFINITIONS AND INTERPRETATION
2. CONSIDERATION
3. OBLIGATION TO PAY AND DISCHARGE THE SECURED MONEY
4. MORTGAGE
5. OBLIGATIONS TO DEPOSIT CERTIFICATES OF TITLE AND OTHER DOCUMENTS
6. REPRESENTATIONS AND WARRANTIES
7. GENERAL AND FINANCIAL UNDERTAKINGS
8. OBLIGATIONS RELATING TO MORTGAGED PROPERTY
9. INSURANCE
10. ACCESS
11. FURTHER ASSURANCES
12. INDEMNITIES
13. DEFAULT
14. OBLIGATIONS TO GIVE NOTICE OR PROVIDE INFORMATION
15. POWERS OF THE MORTGAGEE
16. RECEIVERS
17. EXERCISE OF POWERS
18. RECEIPT AND APPLICATION OF MONEY
19. NO OBLIGATION TO EXERCISE RIGHTS OR GIVE CONSENT
20. CONTINUING SECURITY
21. PRESERVATION OF MORTGAGEE’S RIGHTS
22. SET‑OFF
23. POWER OF ATTORNEY
24. ILLEGALITY, FORCE MAJEURE
25. AMENDMENT IN WRITING
26. MORTGAGE AS A DEED
27. COSTS
28. ENTIRE AGREEMENT
29. SEVERABILITY
30. MORATORIUM LEGISLATION
31. ASSIGNMENT
32. NOTICES
33. JURISDICTION

Free Sample Memorandum of Common Provisions of Mortgage

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KALDE LEGAL