THIS MORTGAGE dated as of the day of, 20.

Transcription

1 THIS MORTGAGE dated as of the day of, 20. The Parties to this mortgage are: Mortgagor, a body corporate, whose address is Mortgagee Spouse of the mortgagor (if spouse not a mortgagor) Guarantor 1. MORTGAGE In return for our making a loan to you in the amount of ($) Canadian dollars (called the Principal Amount) which you acknowledge having received from us, you hereby give us this mortgage on the property known as [civic address] and as more particularly described in Schedule A hereto [called the Property]. By this mortgage, you grant, convey and release to us, our successors and assigns, all your right, title and interest, estate, dower and right to dower and other claims both in law and in equity to the Property. Any buildings on the Property and anything now or later attached or fixed to the buildings or your property including additions, alterations and improvements are covered by this mortgage. To have and to hold the lands and the appurtenances unto us, our successors and assigns. 2. HOW YOU WILL REPAY YOUR LOAN WITH INTEREST You agree to pay to us the Principal Amount with interest thereon as well after as before maturity and both before and after default at the rate of * percent (%) per annum calculated semi-annually, not in advance (the Interest Rate ), computed from the date the Principal Amount, or any part thereof, is advanced on so much of the Principal Amount as Page 1 of 5

2 shall from time to time remain unpaid until the whole of the Principal Amount is paid. The Principal Amount and interest shall become due and be paid as follows: (i) Interest shall accrue from the date of advance hereunder and shall be due and payable on the day of the month next following the date of the first advance (the "Interest Adjustment Date"); (ii) (iii) Thereafter, the Principal Amount and interest, as aforesaid, shall be payable by equal consecutive monthly instalments of principal and interest of ($), commencing on the day of the month next following the Interest Adjustment Date and thus to continue monthly on the day of each month to and including the day of,; The balance, if any, of the Principal Amount and interest thereon, as aforesaid, and any other moneys owing under this Mortgage shall be due and payable on the day of,, (the "Balance Due Date"); * If adjustable rate, insert Prime Rate plus or minus [as applicable] the percentage. 3. ADDITIONAL TERMS AND COVENANTS The terms, conditions and covenants set out in the Standard Charge Mortgage Terms and in the Additional Provisions, both appended hereto are incorporated and form part of this mortgage. Terms used in this mortgage which are defined in the attached Standard Charge Mortgage Terms have the meanings set out in the Standard Charge Mortgage Terms. 4. CONSENT OF SPOUSE By signing this mortgage each spouse of a mortgagor consents to this mortgage and releases any interest which he or she may have in the Property covered by this mortgage as far as necessary to give effect to our rights under this mortgage. 5. SIGNING THIS MORTGAGE If you have read this mortgage and you agree to its terms, sign in the space provided for your signatures. Witnesses must sign in the spaces provided for the witnesses signatures. SIGNED AND DELIVERED in the presence of: (Witness) (Borrower) (Witness) (Borrower) (Witness) (Spouse of Borrower) (Witness) (Guarantor) (Witness) (Guarantor) Page 2 of 5

3 AFFIDAVIT OF EXECUTION I, of in the Province of Newfoundland and Labrador, make oath and say as follows: 1.THAT I was present and did see the signature(s) of and affixed to the within document and that I am the subscribing witness to such execution. SWORN TO at, ) Labrador, this day of ), 20, ) ) ) ) ) ) Page 3 of 5

4 AFFIDAVIT OF STATUS I,, of the of, in the Province of Newfoundland and Labrador, make oath and say as follows: 1.THAT I am the Mortgagor described in the within Mortgage and as such have full knowledge of the facts herein deposed. 2.THAT I am not a spouse as defined by the Family Law Act (Newfoundland and Labrador) at the time of the execution of the within Mortgage. 3.THAT the property described in the within Mortgage is/ is not a matrimonial home under the provisions of the Family Law Act (Newfoundland and Labrador). 4.THAT to the best of my knowledge, information and belief, there are no other persons who have vested rights in the property being mortgaged under the attached Mortgage pursuant to the Family Law Act (Newfoundland and Labrador). 5.THAT I am at least nineteen (19) years of age. 6.THAT I am a resident of Canada within the intent and meaning of the Canada Income Tax Act and amendments thereto and intend to remain resident until the completion of this transaction. 7.THAT to the best of my knowledge, information and belief, at this date there are no statutory liens of any kind whatsoever charging or encumbering my assets and specifically the property herein more particularly described in the attached mortgage. 8.THAT at the time of signing the within Mortgage, I was not and will continue not to be liable for any tax imposed under the Revenue Administration Act (Newfoundland and Labrador) or the Excise Tax Act (Canada), at least until the registration of the Mortgage. 9.THAT there are no leased chattels affixed to or situate in or on the Property, that the Property does not contain urea formaldehyde foam insulation and that there is/ was no underground oil tank located on the Property and I am not aware of any oil leak on the Property, either before or during my ownership. 10.THAT to the best of my knowledge, information and belief, at the date of execution of the within Mortgage there are no outstanding judgments registered with the Office of the High Sheriff of Newfoundland and Labrador against me. SWORN TO at, ) Labrador, this day of ), 20, ) ) ) ) ) ) Page 4 of 5

5 Powered by TCPDF ( MCAP Newfoundland AFFIDAVIT OF STATUS We, and, of the of, in the Province of Newfoundland and Labrador, make oath and say as follows: 1.THAT we are the Mortgagors described in the within Mortgage and as such have full knowledge of the facts herein deposed. 2.THAT we are spouses of each other as defined by the Family Law Act (Newfoundland and Labrador) at the time of the execution of the within Mortgage. 3.THAT the property described in the within Mortgage is / is not a matrimonial home under the provisions of the Family Law Act (Newfoundland and Labrador). 4.THAT to the best of our knowledge, information and belief, there are no other persons who have vested rights in the property being mortgaged under the attached Mortgage pursuant to the Family Law Act (Newfoundland and Labrador). 5.THAT I am at least nineteen (19) years of age. 6.THAT we are both residents of Canada within the intent and meaning of the Canada Income Tax Act and amendments thereto and intend to remain residents until the completion of this transaction. 7.THAT to the best of our knowledge, information and belief, at this date there are no statutory liens of any kind whatsoever charging or encumbering our assets and specifically the property herein more particularly described in the attached mortgage. SWORN TO at, ) Labrador, this day of ), 20, ) ) ) ) ) ) Page 5 of 5