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Real Estate Security Agreement

Real Estate Security Agreement Template for Ireland

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Key Requirements PROMPT example:

Real Estate Security Agreement

"I need a Real Estate Security Agreement for a commercial property in Dublin being used as collateral for a €5 million business loan, with the borrower being a retail company that plans to lease part of the property to third-party retailers."

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Document background
The Real Estate Security Agreement is a crucial document in Irish property financing transactions, used whenever a lender requires security over real property as collateral for a loan or other financial obligation. It is designed to comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009 and related legislation. The agreement provides detailed provisions for the creation, perfection, and enforcement of the security interest, including property descriptions, representations about ownership and condition, maintenance obligations, and enforcement mechanisms. It is commonly used in both commercial and residential property transactions, requiring careful consideration of registration requirements, existing encumbrances, and, where applicable, family home protection legislation. The document must be properly executed and registered to ensure its effectiveness and priority.
Suggested Sections

1. Parties: Identification of the grantor (property owner/borrower) and grantee (lender/security holder), including full legal names and addresses

2. Background: Context of the security agreement, including reference to any underlying loan or facility agreement

3. Definitions: Defined terms used throughout the agreement, including property-specific terminology and financial terms

4. Grant of Security Interest: Core provision creating the security interest over the property, including the nature and extent of the security

5. Secured Obligations: Definition and scope of the obligations being secured by the agreement

6. Representations and Warranties: Grantor's confirmations regarding ownership, authority, and property status

7. Covenants: Ongoing obligations of the grantor regarding property maintenance, insurance, and compliance with laws

8. Events of Default: Circumstances constituting default and triggering enforcement rights

9. Enforcement Rights: Powers and remedies available to the grantee upon default

10. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the security

11. Notices: Communication requirements and contact details for formal notices

12. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction of Irish courts

Optional Sections

1. Environmental Provisions: Additional provisions when the property has environmental risks or compliance requirements

2. Planning Permissions: Specific provisions regarding existing or required planning permissions when development is contemplated

3. Rental Income: Provisions dealing with assignment of rents when the property is or may be leased

4. Multiple Properties: Additional provisions for handling multiple properties under the same security agreement

5. Construction Provisions: Specific provisions for properties under construction or development

6. Third Party Rights: Provisions dealing with existing third-party rights or easements affecting the property

7. Family Home Protection: Required when the property is a family home, including spouse consent provisions

Suggested Schedules

1. Property Description: Detailed legal description of the property, including folio numbers and boundaries

2. Form of Notice of Assignment: Template for notices required for perfecting the security interest

3. Existing Encumbrances: List of existing charges, easements, or other encumbrances affecting the property

4. Form of Solicitor's Certificate: Template for solicitor's certification of title

5. Insurance Requirements: Detailed specifications for required insurance coverage

6. Registration Requirements: Specific requirements for registration with Land Registry or Registry of Deeds

7. Planning Permissions and Certificates: Copies or details of relevant planning permissions and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





















































Clauses



































Relevant Industries

Banking and Financial Services

Real Estate

Construction and Development

Commercial Property

Residential Property

Agriculture

Retail

Hospitality

Industrial

Healthcare

Relevant Teams

Legal

Real Estate

Credit Risk

Commercial Banking

Compliance

Property Finance

Securities Administration

Investment

Operations

Risk Management

Relevant Roles

Real Estate Lawyer

Banking Lawyer

Property Manager

Loan Officer

Credit Risk Manager

Real Estate Developer

Commercial Banking Manager

Mortgage Advisor

Legal Counsel

Compliance Officer

Property Finance Manager

Security Trustee

Real Estate Investment Manager

Transaction Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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