QLDIn ForceAct
Property Law Act 2023
sec.128Implied obligations of mortgagor
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### sec.128 Implied obligations of mortgagor
The mortgagor under a mortgage over property has the following obligations—
to pay the principal amount and interest secured by the mortgage according to the terms of the mortgage without deduction;
if the property is land—
to keep buildings and other improvements on the land in as good and substantial repair as the buildings and other improvements were in when the mortgage was entered into; and
to permit the mortgagee, when reasonably convenient, to enter the land to view and inspect the state of repair of buildings and other improvements on the land.
An obligation under subsection (1) takes effect as a term of the mortgage.
If the mortgage is under a deed, an obligation under subsection (1) takes effect as a covenant by the mortgagor.
This section applies subject to any agreement to the contrary.
(sec.128-ssec.1) The mortgagor under a mortgage over property has the following obligations— to pay the principal amount and interest secured by the mortgage according to the terms of the mortgage without deduction; if the property is land— to keep buildings and other improvements on the land in as good and substantial repair as the buildings and other improvements were in when the mortgage was entered into; and to permit the mortgagee, when reasonably convenient, to enter the land to view and inspect the state of repair of buildings and other improvements on the land.
(sec.128-ssec.2) An obligation under subsection (1) takes effect as a term of the mortgage.
(sec.128-ssec.3) If the mortgage is under a deed, an obligation under subsection (1) takes effect as a covenant by the mortgagor.
(sec.128-ssec.4) This section applies subject to any agreement to the contrary.
- (a) to pay the principal amount and interest secured by the mortgage according to the terms of the mortgage without deduction;
- (b) if the property is land— (i) to keep buildings and other improvements on the land in as good and substantial repair as the buildings and other improvements were in when the mortgage was entered into; and (ii) to permit the mortgagee, when reasonably convenient, to enter the land to view and inspect the state of repair of buildings and other improvements on the land.
- (i) to keep buildings and other improvements on the land in as good and substantial repair as the buildings and other improvements were in when the mortgage was entered into; and
- (ii) to permit the mortgagee, when reasonably convenient, to enter the land to view and inspect the state of repair of buildings and other improvements on the land.
- (i) to keep buildings and other improvements on the land in as good and substantial repair as the buildings and other improvements were in when the mortgage was entered into; and
- (ii) to permit the mortgagee, when reasonably convenient, to enter the land to view and inspect the state of repair of buildings and other improvements on the land.