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This page shows the set of standard charge terms that is registered at the registry office in Ontario. This particular set of standard charge terms is for CIBC and is public information. As a matter of fact all mortgage information that is registered at the registry office is public information and accessible to anyone who wishes to search the title for a particular property.
When CIBC registers a new mortgage on a property there will also be a reference in the mortgage to the standard set of charge terms registered at the registry office under a particular registration number and this will be the reference number to the set of standard charge terms below.
SET OF STANDARD CHARGE TERMS
Filed by: | Canadian Imperial Bank of Commerce | ||
Filing No.: | 200303 | Filing Date: | January 27, 2003 |
The following set of standard charge terms shall be deemed to be included in every charge in which the set is referred to by its filing number, as provided in section 9 of the Act, except to the extent that the provisions of this set of standard charge terms are modified by additions, amendments or deletions.
1. Definitions
In this set of standard charge terms:
Act means the Land Registration Reform Act (Ontario), as amended or replaced from time to time;
Agreement(s) means any one or all present and future agreements, notes, guarantees, indemnities and other documents between you and us which relate to the Indebtedness and includes any agreement which replaces or supplements any such agreement;
Amount Secured means the total of (i) the Principal Amount, (ii) interest on the Principal Amount at the Interest Rate, (iii) interest on unpaid interest and unpaid Costs at the Interest Rate, and (iv) Costs;
Condominium Act means the Condominium Act (Ontario), as amended or replaced from time to time;
Condominium Corporation means the condominium corporation created by the registration of a Declaration in respect of the Property under the Condominium Act;
Costs means all amounts (other than the Principal Amount and interest) that you must pay under this Mortgage or under any of the Agreements, including, without limitation, interest at the Interest Rate on such amounts;
Declaration means the declaration (as amended or replaced from time to time) which, together with a description, was registered under the Condominium Act to create the Condominium Corporation;
Event of Default means any of the events or circumstances listed in section 15;
Hazardous Substances means any substance or mixture of substances which are or may be detrimental to the environment or human health including without limitation all substances, chemicals or materials, declared to be hazardous or toxic under any law, by-law, regulation or ordinance enacted or promulgated by any legislative, governmental or regulatory body having jurisdiction over the Property;
Indebtedness means the amount you owe us and includes the aggregate of all your present and future indebtedness and liabilities to us (direct or indirect, absolute or contingent, matured or not, wheresoever and howsoever incurred, whether incurred as principal or surety, whether incurred alone or with another or others, and whether arising from dealings between us and you or from other dealings or proceedings by which we may become your creditor) including without limitation the outstanding balance of the Principal Amount advanced to you from time to time, interest thereon at the Interest Rate and all your other present and future indebtedness and liabilities to us payable under or in connection with one or more of the Agreements and this Mortgage;
Interest Adjustment Date means the interest adjustment date specified in the Registered Document, and if none is specified, then the date this Mortgage is signed;
Interest Rate means the interest rate specified in the Registered Document;
Lien means any mortgage, charge, lien, assignment, security interest, execution, attachment or other encumbrance (whether given by statute or otherwise);
Mortgage means the Registered Document and this set of standard charge terms;
Prime Rate means the variable reference rate of interest per year declared by us from time to time to be our prime rate for Canadian dollar loans made by us in Canada;
Principal Amount means the principal amount set out in the Registered Document;
Property means the land described in the Registered Document, as well as all buildings and structures now on the land or later added, and anything now or later attached to or fixed to the building or the land, including additions, alterations, substitutions and improvements. If the Property is a condominium unit, "Property" includes the common elements and any other interest that you may have in the assets of the Condominium Corporation, and references to the "Property" mean all or any part of it;
Registered Document means for the non-electronic paper based registration system, the Form 2 Charge/Mortgage of Land that you sign to give this Mortgage, and any Schedules attached to it, or, for the electronic registration system, the Mortgage prepared in the electronic format and registered electronically pursuant to the provisions of Part III of the Act;
Schedule means any schedule attached to the Form 2 Charge/Mortgage of Land;
Taxes means all taxes, rates and assessments of any nature or kind, including, without limitation, real property taxes, local improvement rates, school taxes, development charges and levies and any taxes or duties levied in lieu of or in substitution for any of the foregoing and interest and penalties on any of them;
we, our and us mean Canadian Imperial Bank of Commerce as mortgagee; and
you and
your mean each person who signs the Mortgage as mortgagor(s).
2. Giving This Mortgage
By signing the Registered Document you have charged your entire interest (both present and future) in the Property to us as collateral security for payment of the Indebtedness and performance of all of your obligations under this Mortgage and the Agreements.
3. Interest Rate
The Interest Rate you will pay on any part of the Indebtedness will be the interest rate specified in the relevant Agreement which relates to that part of the Indebtedness. Interest will be calculated as set out in the relevant Agreement or, if not set out, will be calculated and compounded monthly, with interest on overdue interest at the same rate. If no interest rate is specified in the relevant Agreement, you will pay interest on such part of the Indebtedness at the Interest Rate. Interest is payable both before and after demand and both before and after default and judgment.
This Mortgage may secure two or more different obligations to us. The interest rates and the other terms of each of the obligations set out in the Agreements are not changed or otherwise affected as a result of you giving us this Mortgage.
The maximum amount secured under this Mortgage is the Amount Secured, even if the Indebtedness exceeds that amount.
a) Demand
You will pay us the Indebtedness on demand. Unless we have a right to demand repayment under any of the Agreements or under this Mortgage or an Event of Default has occurred, we will not demand repayment.
A demand for repayment will be made either by delivering the demand to you personally or mailing it (by first class mail) to what our records show to be your most recent address. You will be considered to have received our demand letter on the earlier of date of delivery or the fifth day after mailing.
b) Application of Monies Received
We may apply any money that we receive to reduce your Indebtedness as we see fit (unless you and we sign an Agreement to the contrary). If the Indebtedness exceeds the Amount Secured, we may decide what part of the Indebtedness is secured by this Mortgage.
c) Prepayment
You may only prepay a part of the Indebtedness if permitted and then only in the manner contemplated by the Agreement which relates to that part of the Indebtedness.
This Mortgage is continuing collateral security for the Indebtedness. This Mortgage is not affected by: (a) any change in the amount, nature or form of the Indebtedness; (b) any change in any accounts relating to the Indebtedness; (c) any change in any of the Agreements; or (d) the reduction of the Indebtedness to zero at any particular time. This Mortgage will not be considered to have been discharged or redeemed as a result
of any of the events listed above.
We may, for any reason, decide not to advance any money (or any more money) under this
Mortgage or pursuant to any of the Agreements. This applies whether or not the Mortgage has been signed and registered and whether or not any money has previously been advanced.
This Mortgage is in addition to and does not replace any other security that we may hold (now or later) for any of the Indebtedness.
If we obtain judgment against you, we will be able to rely upon our rights under both the judgment and this Mortgage. The judgment will not affect any other security we may have. We will be entitled to interest on any judgment at the Interest Rate until we are fully paid.
You giving us this Mortgage does not prevent us from using any other means to obtain repayment of the Indebtedness.
We may, in our absolute discretion, release our interest under this Mortgage in all or any part of the Property, whether or not we receive any value for doing so, and we will be accountable to you only for money we actually receive. If we release our interest in part of the Property for any reason, the remainder of the Property will continue to secure the Indebtedness (in an amount not exceeding the Amount Secured), and your obligations, and those of any guarantor, under this Mortgage will continue.
If the Property is subdivided, each part of the Property will secure all of the Indebtedness.
If the entire Property is expropriated, the Indebtedness will immediately become due and payable together with loss of interest. If only part of the Property is expropriated, the amount you are awarded for the partial expropriation will be paid to us and we will apply it to the Indebtedness. If, in our opinion, the remainder of the Property does not constitute adequate security for the Indebtedness, then the Indebtedness, or such part of the Indebtedness as we determine, will immediately become due and payable together with loss of interest.
We may vary your credit, grant extensions of time, take and give up any security we hold, and otherwise deal with you and others (including any guarantors) and with any security we hold as we may see fit without affecting any of our rights, whether under this Mortgage, the Agreements or otherwise, or your liability under this Mortgage or the Agreements, or your liability to pay the Indebtedness.
We may delay in enforcing any rights under this Mortgage without affecting those rights. We may waive any breach of your obligations without affecting our rights in connection with any other existing or subsequent breach. Any waiver of rights by us must, however, be signed by two of our authorized signing officers.
You will continue to be obligated under this Mortgage despite any transfer of the Property or amendment of this Mortgage or the Agreements.
a) You certify and agree with us that:
We may (but are not obligated to) require you, at your expense, from time to time, to obtain an environmental audit of all or any part of the Property, which environmental audit shall be satisfactory to us, but such audit does not relieve you from your obligations under this section. Should the Property be found to contain any Hazardous Substances howsoever caused or from any source you will, at your sole expense, immediately carry out all work required to remove the Hazardous Substances from the Property and repair the damage to the Property in accordance with plans and proposals which have been prepared in consultation with us and have received our prior written approval. When all such work is complete you will provide us with confirmation of completion, in whatever form we request. If you fail to comply with any of your obligations under this section 11(a)(v) you agree that we may, but are not required to, undertake all or any part of the work we feel is necessary at your sole expense. You will indemnify us against any and all actions, claims, costs and demands relating to Hazardous Substances on the Property and any breach of your obligations under this section 11(a)(v);
b) If you are a tenant or lessee of the Property, you also certify and agree with us that:
You must insure and keep insured all buildings, structures, fixtures and improvements on the Property for not less than their guaranteed replacement value in Canadian dollars until the Mortgage has been discharged. The risks against which you must insure include loss or damage by or from fire with extended perils coverage and by and from such additional perils, risks or events as we may at any time require. If a steam boiler, pressure vessel, oil or gas burner, coal blower, stoker or sprinkler system or any other comparable apparatus are operated on the Property then you must also insure and keep insured, until the Mortgage has been discharged, against loss or damage by explosion of, or caused by, any such apparatus and against loss or damage caused by the sprinkler system.
All insurance policies must be carried with a company or companies satisfactory to us and contain mortgage clauses approved by The Insurance Bureau of Canada or by us confirming that loss proceeds are payable first to us, and we will have the first right to receive and to have a lien on the loss proceeds. You must, upon our request, let us have certified copies of every insurance policy and, not less than 30 days before any policy expires, provide evidence of its renewal.
We may, but are not required to, place and pay for any insurance policy if you fail to do so. Any premiums or sums of money, which we pay for insurance, will be immediately payable by you to us or added to the Indebtedness if not so paid and bear interest at the Interest Rate.
If any loss or damage occurs, you will immediately, at your expense, do everything necessary to enable us to obtain the insurance proceeds. Production of the Mortgage will be sufficient authority for the insurance company to pay any loss to us and the insurance company is hereby directed to pay the same to us. Insurance proceeds may, at our option, in whole or in part be used to repair or rebuild the Property, be paid to you to be used by you to repair or rebuild the Property or be used to reduce any part of the Indebtedness, whether due or not, and including an amount to compensate us for loss of interest.
You must keep the Property in a good condition and state of repair and carry out all necessary repairs and must not do, or let anyone else do, anything which lowers the value of the Property.
You will comply with every present and future statute, by-law, ordinance, regulation and order affecting the condition, repair, use or occupation of the Property.
If, in our opinion, you do not keep the Property in a good condition and state of repair or do, or allow anything to be done, which lowers its value or do not comply with any of your obligations under this section, then we can make whatever repairs and replacements are, in our opinion, necessary. The costs of such repairs and replacements and of any inspections are payable by you immediately and if not paid, will be added to the Indebtedness.
You authorize us to enter the Property at all reasonable times to inspect and repair, but this does not obligate us to make any repairs and we will not become a mortgagee in possession by exercising these rights.
You agree not to demolish any building or structure or part of any building or structure on the Property without first obtaining our written approval and not to make any substantial alterations, additions or improvements to the Property without first obtaining our written approval to your proposed plans and specifications. If our consent is obtained, all alterations, additions and improvements will be completed in accordance with the plans and specifications so approved. We may make advances to you under this Mortgage based on the progress in completing the improvements. Any improvements will form part of the Property and be charged by this Mortgage.
The above work must be completed, as quickly as possible, in accordance with all governmental requirements and building standards that apply to the Property, at your expense, and you will provide us with proof of payment and compliance with governmental requirements and building standards when requested. You must retain all required holdbacks unless we at our sole option elect to do so. We may obtain an order vacating any construction lien and, if we think it necessary, provide financial guarantees or other security to obtain such order. All our expenses, including any charges for providing financial guarantees or other security, are immediately payable by you to us and if you do not pay them, we will add them to the Indebtedness.
If you sell or transfer the Property then, at our option, you will immediately pay the Indebtedness to us even if one or more of the Agreements do not contemplate immediate payment. If we do not require such payment, our rights against you or anyone else who is liable are not affected.
If the Property is a condominium unit, you must also comply with the following in addition to all other provisions of the Mortgage. You do not, however, have to comply with section 12(a).
The obligation to insure may be performed by the Condominium Corporation and the proceeds of insurance may be payable in accordance with the Declaration and by-laws of the Condominium Corporation. You promise that, in the event of loss or damage, you will fully comply with the terms of all insurance policies and with the insurance provisions of the Declaration and by-laws and that, as a member of the Condominium Corporation, you will insist that the Condominium Corporation fully complies with these terms.
You will immediately repay us on demand for all the Costs (including lawyers' fees and disbursements) that we incur relating to this Mortgage or any of the Agreements (whether or not any money is advanced under this Mortgage or any of the Agreements) including without limitation all fees incurred in:
a) investigating title to the Property, preparing, signing and registering this Mortgage and any other related documents; and
b) appraising, inspecting, protecting, repairing, insuring, enforcing any of our remedies including taking and keeping possession of the Property, preparing it for sale or lease, selling or leasing it, legal (including lawyers' fees and disbursements on a solicitor and client basis) and agents' expenses, any other expenses of exercising or protecting our rights and a reasonable allowance for the time and services of our employees.
You will pay interest, at the Interest Rate, on such amounts and expenses from the date they are paid by us until you repay them.
In addition to our other rights under this Mortgage and the Agreements, and without affecting our right to demand payment in any other circumstance, we will not demand payment under section 5 unless one of the following events occurs:
(a) you do not pay when due any of the Indebtedness or any other amount payable to us;
(b) you do not observe or perform any provision or obligation contained in this Mortgage or in any of the Agreements;
(c) you do not pay when due any indebtedness for money borrowed from anyone other than us;
(d) any statement that you have made or given to us (or later make or give to us) relating to the Property, this Mortgage, the Agreements, the Indebtedness or your financial situation was or is untrue at the time it was or is made;
(e) any Lien or notice of Lien is registered against the Property without our prior written consent;
(f) you sell, transfer, lease or otherwise deal with the Property or allow the Property to remain or become vacant or abandon the Property or the present use of the Property changes to some other use (in whole or in part) without our prior written consent;
(g) if you are a corporation, there is a change in effective control or any order is made or resolution passed for winding-up, liquidation or other dissolution; if you are a partnership, there is a change in membership or a dissolution;
(h) you become insolvent, you declare bankruptcy, you make a proposal in bankruptcy, you make an assignment for the benefit of creditors, or any proceedings are instituted by or against you seeking to adjudicate you a bankrupt or insolvent or seeking liquidation, winding-up, dissolution, reorganization, arrangement, adjustment, protection, relief or composition of you or your debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or other similar law or seeking the appointment of a receiver, receiver and manager, trustee, custodian or other similar official for you or for any of your property, or you are declared bankrupt, or a receiver, receiver and manager, trustee, custodian or other similar official is appointed to you or in respect of all or any part of the Property; or
Our remedies are:
After you have paid all the Indebtedness secured by this Mortgage and performed all your obligations under the Mortgage and the Agreements, you may request, in writing, that we provide you with a discharge of this Mortgage which will be prepared at your expense.
You will pay our usual administration fee for preparing, reviewing and/or signing any such discharge as well as all legal and other expenses, whether the discharge is prepared by your lawyer, by ours or by us. It is your responsibility to register the discharge on your title and to pay the registration fee.
If electronic registration is available for your Mortgage, we may, in our sole discretion, register the discharge on your behalf and at your cost and will provide either you or your lawyer (as applicable) with confirmation of registration.
In return for us having made a loan to you (which includes your heirs, executors, successors and assigns), each person who signs the Mortgage as guarantor agrees with us, as principal debtor and not as surety, to pay to us the Indebtedness as and when required by the Mortgage and to observe and perform all of your other obligations under the Mortgage. Each guarantor, if there is more than one, will be jointly and individually liable with you and with each other for complying with all obligations under the Mortgage.
We may, at any time and from time to time, without the consent of or notice to any guarantor, give any extension of time for payment (including renewals), amend the Agreements or any of them, deal with any additional security, give releases or discharges, vary, increase or decrease the Interest Rate, amend the terms of the Mortgage and generally deal with all matters affecting the Mortgage and your obligations without in any way affecting the guarantee or the obligations of any guarantor. We may require payment from any guarantor before we attempt to obtain a payment from you, and all obligations of any guarantor shall also be those of the guarantor's, heirs, executors, successors or personal representatives, and will not be altered by the bankruptcy of the borrower or any guarantor.
Equivalent Interest Rates
In the Mortgage, interest is calculated monthly not in advance. The following table shows, for a number of possible interest rates, calculated monthly not in advance, the equivalent rates if interest were calculated half-yearly not in advance.
INTEREST RATE
CALCULATED MONTHLY NOT IN ADVANCE (%) |
Equivalent Interest Rate
Calculated half-yearly Not in advance (%) |
Interest Rate
Calculated monthly Not in advance (%) |
Equivalent Interest Rate
Calculated half-yearly Not in advance (%) |
Interest Rate
Calculated monthly Not in advance (%) |
Equivalent Interest Rate
Calculated half-yearly Not in advance (%) |
3.000
3.125 3.250 3.375 3.500 3.625 3.750 3.875 4.000 4.125 4.250 4.375 4.500 4.625 4.750 4.875 5.000 5.125 5.250 5.375 5.500 5.625 5.750 5.875 6.000 6.125 6.250 6.375 6.500 6.625 6.750 6.875 7.000 7.125 7.250 7.375 7.500 7.625 7.750 7.875 8.000 8.125 8.250 8.375 8.500 8.625 8.750 8.875 9.000 9.125 9.250 9.375 9.500 9.625 9.750 9.875 10.000 10.125 10.250 10.375 10.500 10.625 10.750 10.875 |
3.01881
3.14542 3.27208 3.39882 3.52562 3.65249 3.77942 3.90642 4.03348 4.16061 4.28781 4.41507 4.54240 4.66979 4.79725 4.92478 5.05237 5.18003 5.30776 5.43555 5.56341 5.69133 5.81932 5.94738 6.07550 6.20369 6.33195 6.46027 6.58866 6.71711 6.84564 6.97423 7.10288 7.23160 7.36039 7.48925 7.61817 7.74716 7.87621 8.00534 8.13452 8.26378 8.39310 8.52249 8.65195 8.78147 8.91106 9.04072 9.17045 9.30024 9.43010 9.56002 9.69002 9.82008 9.95021 10.08040 10.21066 10.34099 10.47139 10.60185 10.73238 10.86298 10.99365 11.12438 |
11.000
11.125 11.250 11.375 11.500 11.625 11.750 11.875 12.000 12.125 12.250 12.375 12.500 12.625 12.750 12.875 13.000 13.125 13.250 13.375 13.500 13.625 13.750 13.875 14.000 14.125 14.250 14.375 14.500 14.625 14.750 14.875 15.000 15.125 15.250 15.375 15.500 15.625 15.750 15.875 16.000 16.125 16.250 16.375 16.500 16.625 16.750 16.875 17.000 17.125 17.250 17.375 17.500 17.625 17.750 17.875 18.000 18.125 18.250 18.375 18.500 18.625 18.750 18.875 |
11.25519
11.38605 11.51699 11.64800 11.77909 11.91021 12.04141 12.17269 12.30403 12.43544 12.56692 12.69846 12.83008 12.96176 13.09351 13.22533 13.35721 13.48916 13.62118 13.75327 13.88543 14.01766 14.14995 14.28231 14.41474 14.54724 14.67981 14.81244 14.94514 15.07791 15.21075 15.34366 15.47664 15.60968 15.74279 15.87597 16.00922 16.14254 16.27593 16.40939 16.54291 16.67650 16.81016 16.94389 17.07769 17.21156 17.34550 17.47950 17.61358 17.74772 17.88193 18.01621 18.15056 18.28498 18.41947 18.55403 18.68865 18.82335 18.95811 19.09295 19.27785 19.36282 19.49766 19.63297 |
19.000
19.125 19.250 19.375 19.500 19.625 19.750 19.875 20.000 20.125 20.250 20.375 20.500 20.625 20.750 20.875 21.000 21.125 21.250 21.375 21.500 21.625 21.750 21.875 22.000 22.125 22.250 22.375 22.500 22.625 22.750 22.875 23.000 23.125 23.250 23.375 23.500 23.625 23.750 23.875 24.000 24.125 24.250 24.375 24.500 24.625 24.750 24.875 25.000 25.125 25.250 25.375 25.500 25.625 25.750 25.875 26.000 26.125 26.250 26.375 26.500 26.625 26.750 26.875 |
19.76815
19.90340 20.03872 20.17411 20.30956 20.44509 20.58068 20.71635 20.85208 20.98789 21.12376 21.25971 21.39572 21.53180 21.66796 21.80418 21.94047 22.07683 22.21326 22.34977 22.48634 22.62298 22.75969 22.89647 23.03332 23.17024 23.30724 23.44430 23.58143 23.71863 23.85590 23.99324 24.13066 24.26814 24.40569 24.54331 24.68101 24.81877 24.95660 25.09451 25.23248 25.37053 25.50865 25.64683 25.78509 25.92342 26.06181 26.20028 26.33882 26.47743 26.61611 26.75486 26.89369 27.03258 27.17154 27.31058 27.44969 27.58886 27.72811 27.86743 28.00682 28.14628 28.28581 28.42541 |
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