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1. Parties: Identification of the property owner(s) (Grundstückseigentümer) and the mortgagee (typically a bank)
2. Background: Brief context of the mortgage arrangement and reference to the underlying loan agreement
3. Definitions: Key terms used in the affidavit, including property description, mortgage amount, and interest terms
4. Property Details: Full legal description of the property as registered in the land register (Grundbuch), including plot numbers and registry details
5. Mortgage Declaration: Formal declaration creating the mortgage (Grundschuld) and specifying the amount
6. Interest and Ancillary Payments: Declaration of interest rate and any additional payments secured by the mortgage
7. Immediate Enforceability: Submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung)
8. Assignment Rights: Provisions regarding the bank's right to assign the mortgage
9. Security Purpose Declaration: Statement of the security purpose of the mortgage (Sicherungszweckerklärung)
10. Owner Representations: Declarations regarding ownership, absence of encumbrances, and authority to grant the mortgage
1. Multiple Owner Provisions: Required when there are multiple property owners, defining their relationships and obligations
2. Priority Notice: Provisions for registration of a priority notice (Vormerkung) if immediate registration is not possible
3. Foreign Currency Provisions: Required when the underlying loan is in a currency other than Euro
4. Special Payment Terms: Included when there are specific repayment arrangements or conditions
5. Property Use Restrictions: Required for commercial properties or when specific use restrictions apply
6. Previous Mortgage Discharge: Included when existing mortgages need to be discharged
1. Property Description Schedule: Detailed technical description of the property including boundaries, easements, and registered encumbrances
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Payment Schedule: Details of interest calculations and payment terms if applicable
4. Power of Attorney: If applicable, authorization documents for representatives
5. Previous Encumbrances: List of existing mortgages or other encumbrances if any
6. Property Valuation: Summary of the official property valuation
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