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COOLOCK ARTANE CREDIT UNION LIMITED GENERAL MORTGAGE CONDITIONS (2011 EDITION)
Definitions: In these Conditions unless the context otherwise requires:
“Act” means the Land and Conveyancing Law Reform Act 2009; “Conditions” means these general mortgage conditions; “Secured Party” means Coolock Artane Credit Union Limited its successors
and assigns being the party named as the Secured Party in the Mortgage;
“Loan” means the loan advanced or to be advanced by the Secured Party to the
Borrower the details of which are set out in the Schedule hereto or as the case
may require, the principal amount thereof from time to time outstanding;
“Mortgage” means the mortgage over the Mortgaged Property executed by the
Mortgagor in favour of the Secured Party which incorporates these Conditions;
“Mortgaged Property” means the property specified in the Schedule hereto; “Mortgagor” means the person who is named as Borrower in the Schedule “Secured Liabilities” means the Loan together, whether present or future
together with all interest thereon and all costs and expenses and other amounts
now or hereafter payable under the provisions of the Mortgage and these
Interpretation:
These Conditions are supplemental to, and form part of, and are to be construed
as one with, the Mortgage. If there is any conflict between the Mortgage and
these Conditions, the Mortgage shall prevail.
In these Conditions any reference to ‘now’ or like expressions is a reference to
the date of the Mortgage and any reference to hereafter’ or like expressions is a
reference to the date of the Mortgage and any reference to “hereafter” or like
expressions is a reference to any time after the date of the Mortgage.
Any reference in these Conditions to a clause is, unless otherwise stated, a
reference to a clause of these Conditions.
Background:
The Mortgagor has applied to the Secured Party for the Loan. It is a condition of
the Secured Party agreeing to advance the Loan that the repayment of the Loan
and all interest thereon is secured by a mortgage over the Mortgaged Property.
Covenant to pay:
The Mortgagor hereby covenants with the Secured Party to pay and discharge
the Secured Liabilities when the same ought to be paid or discharged in
accordance with the Mortgage and these Conditions. If the time for payment of
any of the Secured Liabilities is not specified in the Mortgage and these
Conditions including the Schedule hereto, they shall be payable on demand.
Covenant to release:
If the Mortgagor shall pay and discharge the Secured Liabilities the Secured
Party will at the cost and request of the Mortgagor release and discharge the
security constituted by the Mortgage and these Conditions Any such release or
discharge shall be deemed to be made subject to the condition that it will be void
if any payment or discharge of the Secured Liabilities is set aside under any
applicable law or proves to have been for any reason invalid or void.
Mortgagor’s covenants:
The Mortgagor hereby covenants with the Secured Party that until the Mortgage
keep all buildings for the time being subject thereto insured against loss
or damage by fire and other usual risks to the full reinstatement value
thereof and note the interest of the Secured Party thereon and will make
all payments required for the above purpose not later than one week after
the same shall be due and on demand produce to the Secured Party the
policy or policies of such insurance and the receipt for each such
payment and that if the Mortgagor shall make default in any of the above
matters the Secured Party may at its discretion insure and keep insured all
or any of the said buildings to the amount aforesaid and that its expenses
of so doing shall be repaid to him by the Mortgagor on demand and until
so repaid shall be added to the principal monies hereby secured and bear
interest accordingly. All monies received by virtue of any such insurance
shall be applied at the sole option of the Secured Party either in making
good the loss or damage in respect of which the same shall have been
received or in discharge of the monies hereby secured;.
keep all buildings for the time being subject thereto in good and
substantial repair and that if he shall neglect to do so the Secured Party
may at it’s discretion enter upon the Property from time to time in order
to repair and keep in repair the same buildings without thereby becoming
liable as a mortgagee in possession and that its expenses of so
doing shall be repaid to him by the Mortgagor on demand and until so
repaid shall constitute part of the Secured Liabilities and bear interest at
observe and perform all his obligations in respect of the Mortgaged
not without prior written consent of the Secured Party demolish or alter
any building on the Mortgaged Property or erect any new building or
structure on the Mortgaged Property or otherwise develop the
(without the prior written consent of the Mortgagor) neither sell, transfer
lease or otherwise dispose of the Mortgaged Property nor (apart from the
Mortgage and these Conditions) create or permit to subsist any mortgage
charge pledge lien or other encumbrances on or over the Mortgaged
Enforcement: If:
any of the Secured Liabilities remain unpaid when due and payable, or
any event occurs by virtue of which any of the Secured Liabilities
becomes due to be paid or discharged before the date on which it would
otherwise be due to: be paid or discharged, or
there is a breach by the Mortgagor of the terms and conditions hereof, or
an encumbrancer takes possession or exercises or attempts to exercise
any power of sale or a receiver or similar official is appointed over the
whole or any part of the Mortgaged Property, or
(where the Mortgagor, or any person included in the Mortgagor is a
natural person) such person is adjudged a bankrupt or dies or becomes
of unsound mind; or is made ward of court, or
(where the Mortgagor or any person included in the Mortgagor is a body
corporate) a meeting is convened, a resolution is passed, a petition is
presented, an order is made or another step is taken for the winding-up,
bankruptcy court protection or administration of that body corporate,
then any part of the Secured Liabilities not already payable on demand shall be
immediately due and payable on demand and the security constituted by the
Mortgage and these Conditions shall become immediately enforceable.
Discretion as to enforcement:
After the security constituted by the Mortgage and these Conditions has become
enforceable, the Secured Party may in its absolute discretion enforce all or any
part of the security in any manner it sees fit and the power of sale and other
powers conferred on mortgagees by the Act shall apply to the Mortgage and
these Conditions in each case as varied or extended by the Mortgage and these
Conditions, Section 99 of the Act shall not apply to the Mortgage and these
Conditions and the Secured Party shall not be obliged to take any steps to sell or
Lease the Mortgaged Property after going into possession of same and the
Secured Party shall have absolute discretion as to the time of exercise of the
power of sale and the power of leasing and all other powers conferred on them
Possession:
At any time after the security constituted by the Mortgage and these Conditions
has become enforceable and without the need to obtain the consent of the
Mortgagor or an order for possession under sections 97 or 98 of the Act the
Secured Party may without further notice or demand enter into possession of the
Mortgaged Property. The rights of the Secured Party under this clause are
without prejudice to, and in addition to any right of possession (express or
implied) to which it is at any time otherwise entitled (whether by virtue of the
Mortgage and these Conditions operation of law, statute, contract or otherwise).
Power of sale:
At any time after the security constituted by the Mortgage and these Conditions
has become enforceable the power of sale and all other powers conferred on
mortgagees by the Act shall be exercisable immediately without the need:
to comply with section 96(1)(c) Of the Act, or
for the occurrence of any of the events specified in paragraphs (a) to (c)
of section 100(1) of the Act or paragraphs (a) to (c) of section 108(1) of
to give notice as specified in the final proviso to section 100(1) of the
to obtain the consent of the Mortgagor or a court order authorising the
exercise of the power of sale under sections 100(2) or (3) of the Act, or
to give any notice to the Mortgagor under section 103(2) of the Act.
Section 94 of the Act shall not apply to the Mortgage and these Conditions.
Power of leasing and accepting surrenders:
The statutory powers of leasing conferred on the Secured Party are extended so
as to authorise the Secured Party to lease, make agreements for leases, accept
surrenders of leases and make agreements to accept surrenders of leases as it may
think fit and without the need to comply with any provision of sections 112 to
114 of the Act. Without prejudice to the generality of the foregoing the Secured
Party may exercise the statutory power to accept surrenders of leases conferred
by the Act for any purpose that it thinks fit and not just for the purpose of
granting new leases under section 112 of the Act and any new lease granted by
the Secured Party following the acceptance of a surrender need not comply with
the requirements of section 114(3) of the Act.
Contingencies:
If the Secured Party enforces the security constituted by the Mortgage and these
Conditions at a time when none of the Secured Liabilities are due but at a time
when the Secured Liabilities may or will become so due the Secured Party may
pay the proceeds of any recoveries effected by it into a suspense or impersonal
Privileges:
The Secured Party is entitled to all the rights, powers privileges and immunities
conferred by the Act on mortgagees, but so that the power of sale and other
powers conferred by the Act shall be as varied and extended by the Mortgage and
Protection of third parties:
No person (including a purchaser) dealing with the Secured Party or its agents
whether any of the Secured Liabilities have become payable or remain
whether due notice has been given to any person; or
whether any power which the Secured Party is purporting to exercise has
become exercisable or has been or is being properly exercised,
and all protections to purchasers contained in sections 105 and 106 of the Act
shall apply to any person (including a purchaser) dealing with the Secured Party
in like manner as if the statutory powers of sale had not been varied or extended
Redemption of prior mortgages:
At any time after the security constituted by the Mortgage and these Conditions
has become enforceable, the Secured Party may:
redeem any prior encumbrance against the Mortgaged Property; and/or
(b) procure the transfer of that encumbrance to itself, and/or
settle and pass the accounts of the prior mortgagee, chargee or
encumbrancer; any accounts so settled and passed shall be conclusive and
All principal monies, interest, costs, charges and expenses of and incidental to
any such redemption and/or transfer shall be paid by the Mortgagor to the
Removal and sale of chattels:
At any time after the security constituted by the Mortgage and these Conditions
has become enforceable, the Secured Party may, remove, store and sell, at the
expense of the Mortgagor, any chattels found on or about the Mortgaged
Property and, in the absence of any charge or other security in favour of the
Secured Party thereover (whether created by the Mortgage and these Conditions
or otherwise), the net proceeds of sale thereof shall be payable to the Mortgagor
on demand. If the Mortgagor is not a body corporate, the provisions of this
clause shall not be construed or operate to confer on the Secured Party any right
to any chattels of the Mortgagor or the proceeds of sale thereof which would
constitute the Mortgage and these Conditions a bill of sale within the meaning of
the Bills of Sale (Ireland) Acts, 1879 and 1883.
No liability as mortgagee in possession:
The Secured Party will not be liable, by reason of entering into possession of the
Mortgaged Property to account as mortgagee in possession or for any loss on
realisation or for any default or omission for which a mortgagee in possession
No liability for loss:
The Secured Party will not be liable for any loss upon a realisation of the
security constituted by the Mortgage and these Conditions or upon the exercise
of any power, authority, right or discretion of the Secured Party arising
under the Mortgage and these Conditions.
Leasing powers:
No lease made by the Mortgagor of the Mortgaged Property or any part thereof
during the continuance of the Mortgage and these Conditions shall have effect by
virtue of the Act or otherwise unless the Secured Party shall consent thereto in
Suspense Account:
Any money received in connection with or pursuant to the realisation of any
security created or evidenced by the Mortgage and these Conditions may be
placed to the credit of a suspense account with a view to preserving the Secured
Party’s rights to prove for the whole of its claims against the Mortgagor or any
other person liable or may be applied in or towards satisfaction of the Secured
Power of Attorney:
The Mortgagor hereby irrevocably and by way of security severally appoints the
Secured Party and any nominee of the Secured Party as attorney of the
Mortgagor on its behalf in its name or otherwise to execute, seal and deliver or
otherwise perfect any deed, assurance, agreement instrument and to do all acts
and things which the Secured Party may in its sole and absolute discretion,
consider to be necessary or advisable to perfect or improve its security over the
Mortgaged Property or to give proper effect to the intent and purpose of the
Mortgage and these Conditions or to enable and assist in any way in the exercise
of any power of sale of the Mortgaged Property or other power or remedy
whether arising under the Mortgage and these Conditions or implied in statute or
Costs and expenses:
All costs and expenses paid or incurred by the Secured Party in or in connection
with enforcing or attempting to enforce the security constituted by the Mortgage
and these Conditions shall be paid on a full indemnity basis to the Secured Party
by the Mortgagor on demand and until payment thereof and shall constitute part
of the Secured Liabilities and bear interest at the rate specified in clause 4 above.
Interpretation:
In the Mortgage and these Conditions words importing the masculine include
the feminine and the neuter gender, words importing the singular include the
plural and vice versa and where there are two or more persons included in the
expression the “Mortgagor’ their obligations under the Mortgage and these
Conditions shall be joint and several and the act or default of any of them shall
be deemed to be the act or default of all of them. None of such persons shall as
against the Secured Party be entitled to any of the rights or remedies legal or
equitable of a surety as regards the indebtedness, obligations or liabilities of any
of the other of them or be entitled in competition with or priority to the Secured
Party to claim or exercise any of the rights (in the nature of contribution or
otherwise) of one joint (or joint and several) debtor against another The Secured
Party shall be at liberty to release or discharge any one or more of them from any
liability under the Mortgage and these Conditions or in respect of his or their
interest in the property hereby mortgaged or to take any composition from or
make any other arrangements or variation with any one or more of them without
thereby releasing or discharging any other or others of them or otherwise
prejudicing its rights or remedies against any other or others of them or the
property mortgaged by the Mortgage and these Conditions.
Assignment:
The Secured Party shall have a full and unfettered right to assign or otherwise
transfer all of its rights, benefits and interest under and in the Mortgage and these
Disclosure of Information:
The Secured Party may (without the need for any further consent from or notice
to the Mortgagor) provide any information concerning the Mortgagor to:
any (or to any proposed) assignee transferee, mortgagee, chargee,
novatee, grantee, other disposee or successor and their respective
officers, employees, agents and advisers;
any affiliate of the Secured Party and its officers, employees, agents and
any person with whom the Secured Party has entered or proposes to
enter into contractual relations in relation to the Secured Liabilities or
who provides or proposes to provide services to the Secured Party in
connection with the Secured Liabilities and as officers, employees, agents
(if there is more than one person included in the expression Mortgagor)
the other(s) of them and their respective advisers,
and the Secured Party may (without the need for any further consent from or
notice to the Mortgagor) make such enquires about the Mortgagor as the Secured
Party from time to time considers appropriate Insofar as the information
mentioned in this clause 25 consists of personal data within the meaning of the
Data Protection Acts 1988 and 2003 (as amended or re-enacted from time to
time) the authority contained in this clause 25 shall be a consent for the purposes
Governing Law:
The Mortgage and these Conditions shall be governed by and construed in
Jurisdiction:
The parties to the Mortgage and these Conditions submit to the jurisdiction of
SCHEDULE
The Loan Borrower: Loan Amount: Interest Rate: Repayable by: The Mortgaged Property ALL THAT AND THOSE
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