Article 9-1. Amendment of the terms of the mortgage agreement of the Law on Mortgage of Real Estate

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 A change in the terms of the main obligation and (or) the mortgage agreement is formalized by concluding by the pledgor and the pledgee (other persons who signed the basic obligation agreement and the mortgage agreement) an additional agreement to the basic obligation agreement and to the mortgage agreement, with the exception of the cases provided for in part two of this Article, subparagraph 11) of paragraph 2 of Article 5-1, the first part of paragraph 3-2 of Article 34, paragraphs 3 and 10 of Article 61-4, subparagraph 2) of paragraph 5 of Article 61-11 of the Law of the Republic of Kazakhstan "On Banks and Banking activities in the Republic of Kazakhstan", part one of subparagraph 11-2) of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On Microfinance Activities", part two of paragraph 2 of Article 6-1 of the Law of the Republic of Kazakhstan "On Collection Activities", as well as in part two of paragraph 3 Articles 51-3 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan".

The terms of the basic obligation agreement and the mortgage agreement may be changed unilaterally by a bank or an organization engaged in certain types of banking operations, in the case provided for in paragraph six of part two of paragraph 3 of Article 34 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan", in order to implement a Program for refinancing residential mortgage loans (mortgages loans), approved by the National Bank of the Republic of Kazakhstan.

If there is a mortgage certificate, a change in the terms of the main obligation and (or) the mortgage agreement, involving a change in its content, is the basis for making changes and (or) additions to the mortgage certificate in accordance with the procedure provided for in Article 13-1 of this Law.

The footnote. Supplemented by Article 9-1 by the Law of the Republic of Kazakhstan dated 26.07.2007 N 311 (effective after ten calendar days after its official publication); as amended by the Laws of the Republic of Kazakhstan dated 27.04.2015 No. 311-V (effective from 01.01.2015); dated 27.02.2017 No. 49-VI (effective after ten calendar days after from the date of its first official publication); dated 07/02/2018 No. 168-VI (effective from 01.01.2019; dated 07/03/2020 No. 359-VI (effective after ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated December 23, 1995.

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