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StatuteProperty Law Act 2007

Section 93 — Property Law Act 2007: Interpretation for purposes of sections 91 and 92

Text of the provision Official document

93 Interpretation for purposes of sections 91 and 92 In sections 91 and 92 — further advance by way of financial accommodation means a further advance made— (a) to the mortgagor or any other person; or (b) to pay amounts, provide credit, or meet any other indebtedness (actual, future, or contingent) secured by the mortgage, whether directly or by way of guarantee, and whether or not advanced under a contractual obligation, and whether advanced to the mortgagor or to some other person; or (c) under any guarantee, indemnity, or bond given by the mortgagee at the request of the mortgagor, whether for the acts or omissions of the mortgagor or of some other person; or (d) under a contractual obligation by the mortgagee to pay amounts owing under a bill of exchange, promissory note, draft, order, or other negotiable instrument or under a letter of credit drawn, accepted, paid, endorsed, discounted, or established at the request of the mortgagor, whether or not it has arrived at maturity, and whether for the benefit of the mortgagor or some other person; or (e) by way of re-advancement of amounts secured by the mortgage and repaid to the mortgagee stated priority limit means an amount expressly stated in a relevant mortgage instrument as the maximum amount for which the mortgage has priority, in relation to any subsequent mortgage.

Official source: legislation.govt.nz

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