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Instructions to Solicitor
Re: First Mortgage
PLEASE ACT ON OUR BEHALF WITH RESPECT TO THE MORTGAGE REFERRED TO IN THE MORTGAGE APPROVAL
LETTER DELIVERED TO YOU
For the purposes of these instructions:
• “we”, “us”, the “bank”, the “lender”, the “mortgagee”, the “chargee” and “CIBC” means Canadian Imperial Bank of
Commerce;
• “you” means you and your firm and all members and personnel of your firm; and “borrower”, “mortgagor” and
“chargor” means the person or persons so named in the Mortgage Approval.
Please direct all enquiries and correspondence (with the exception of your Solicitor’s Final Report and Certificate of Title (Form
1006) and supporting documentation) via the ARE Portal or to the appropriate Regional Mortgage Centre shown below. The address
of the applicable Regional Mortgage Centre is also to be the address for service shown on all mortgage documentation. NO OTHER
ADDRESS SHOULD BE USED UNLESS AUTHORIZED BY US.

Canadian Imperial Bank of Commerce, Regional Mortgage Centre contact information:

Western Canada (including Prairie Provinces)
1745 West 8th Ave,
Level B1
Vancouver, B.C. V6J 4T3
Alberta, British Columbia, Manitoba, Northwest
Territories, Saskatchewan, Yukon FAX:1 844 739-1157
PHONE:1 888 353-8055
Ontario, Nunavut and Atlantic Provinces
P.O. Box 115
Commerce Court Postal Station
Toronto, Ontario M5L 1E5

New Brunswick, Newfoundland and Labrador, Nova

Scotia, Nunavut, Ontario, Prince Edward Island FAX:1 844 739-1155
PHONE:1 888 780-9944

ALL SOLICITORS’ FINAL REPORTS AND CERTIFICATES OF TITLE (Form 1006) ARE TO BE SENT, WITHIN 30 DAYS AFTER THE LOAN
HAS BEEN DISBURSED IN FULL VIA THE ARE PORTAL or, FAX to 1 844 739-1159 or, MAIL to
CANADIAN IMPERIAL BANK OF COMMERCE
NATIONAL SERVICING CENTRE
P.O. BOX 115
COMMERCE COURT, POSTAL STATION
TORONTO, ONTARIO
M5L 1E5

Please read these instructions and the Mortgage Approval carefully

• For matters applicable only to your province or territory, please refer to jurisdiction-specific sections below.
• For matters applicable to special types of properties such as new construction, leasehold properties, strata/condo
properties, rural properties, or if the borrower (and/or guarantor, as applicable) is a corporation or other non-individual
entity please refer to appropriate sections below.
• Notwithstanding the name of the lender shown on the Mortgage Approval (the “Mortgage Approval”) may be CIBC Mortgages
Inc., the lender shown on all mortgage documents is to be CANADIAN IMPERIAL BANK OF COMMERCE.
• These instructions are for use with FIRST MORTGAGES only.
• If you suspect any fraudulent activity relating to the mortgage, please contact our Regional Mortgage Centre immediately
to report same.
• These instructions and the Mortgage Approval are not intended to be exhaustive or to replace your professional obligations
to take all steps necessary and customary in your jurisdiction to protect our interests as mortgagee.
• You are to act in accordance with the best practices prevailing from time to time and in accordance with the guidelines of
your local law society (or, if you are a notary in B.C., the Society of Notaries Public).

APPOINTMENT AND CONSENT TO ACT

• We appoint you to act on our behalf in this transaction to prepare the mortgage and other documentation in accordance
with these instructions, the Mortgage Approval and any other specific instructions we give you.
• By accepting these mortgage instructions and acting on our behalf, you represent to us that you are a lawyer in good
standing with your provincial or territorial law society (or, if a notary in British Columbia, a notary in good standing with
the Society of Notaries Public of British Columbia).
• We consent to your also acting on behalf of the borrower with respect to this mortgage transaction and, if applicable, to
your acting for the borrower in acquiring title to the Property, and, if applicable and permitted by your governing law
society, to you discharging, on behalf of the vendor, any encumbrances on the Property which the vendor is required to
discharge.
• We understand that you are obliged to raise all issues which may be of importance to us or to the borrower or to a vendor
for whom you are clearing title, and to explain the legal effect of such issues to all such parties that may be affected by
them. We also understand that any information you receive from us or the borrower in connection with such matters cannot
be treated as confidential so far as the other party is concerned. If a conflict arises between us and the borrower which
cannot be resolved, you may thereafter be unable to act for either party in respect of such matter. If you act for us and the
borrower in respect of this mortgage, you may not subsequently be able to act for either party in any foreclosure or other
collection/enforcement proceedings which may arise in relation to the transaction
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DOCUMENTS
NOTE: For ARE (Assyst Real Estate) solicitors, all required documents are available on the Platform. Do not download
documents from our legal documents website.
PLEASE NOTE THAT OUR MORTGAGE DOCUMENTS ARE ALSO AVAILABLE ON OUR WEB PAGE AT: “www.cmidocs.com”.
If you are an ARE subscriber, please upload your documents to the ARE platform.
If you are not a subscriber to Assyst Real Estate, please use the fax cover page located on www.cmidocs.com when faxing to
CIBC.

ADDITIONAL INSTRUCTIONS FOR ELECTRONIC MANDATES SUBMITTED THROUGH ASSYST REAL ESTATE (THE "PLATFORM"):
Unless otherwise indicated, all instructions applicable to non-electronic transactions also apply to electronic transactions.
In addition:
• For electronic instructions transmitted through the Platform, you are considered to have received the instructions at the
time you accept them via the Platform.
• Unless otherwise indicated, all documents you require, including the mortgage and related documentation are available on
the Platform and are to be used by you. Do not use other documents unless directed by us.
• When you accept electronic instructions you are representing to us that you are a lawyer in good standing with your
provincial law society and that you have been issued a valid digital signature:
i. In Ontario, Alberta, Saskatchewan, Nova Scotia, Prince Edward Island and Newfoundland and Labrador: TELUS
Certification Authority;
ii. In British Columbia, the Law Society of British Columbia, through Juricert*;
iii. In Manitoba, Legal Data Resources (Manitoba) Corporation, a non-profit corporation established by the Law Society
of Manitoba which validates lawyer status through the Law Society of Manitoba.
• Throughout these instructions, all references to a "digital signature" mean a valid digital signature issued by one of the
above organizations.
• You undertake to notify us and TELUS Corporation (which is the company that owns and operates Assyst Real Estate)
immediately in the event you are no longer a lawyer in good standing or if the digital signature issued to you is
compromised or no longer in force.
• You are responsible for complying with these and any other instructions applicable to the transaction and ensuring that the
mortgage and all related documents comply with them. The mortgage for each mandate transmitted through the Platform
will have already been completed with the mortgagor's information. Please review the contents of the mortgage and any
other documents received through the Platform to ensure they have been completed in accordance with these and any
other instructions applicable to the transaction.
• Complete a Request for Funds/Solicitor's Interim Report, sign it by digital signature and send it via the Platform at least 2
business days before funds are required.
• The Solicitor's/Notary Final Report on Title is available on the Platform and should be signed using your digital signature
and returned to us via the Platform.
• No alterations, deletions or additions to any of the mortgage forms are permitted, except as specifically contained in the
terms and conditions of the Mortgage Approval, any special instructions or with our express written consent.
• You are not required to submit the draft mortgage or any other loan documents to us for our approval and if you do, we will
not verify the contents. We rely solely on you to ensure that the mortgage and other loan documents are prepared in
accordance with these instructions, the Mortgage Approval and any special instructions you receive from us. In the event
that the mortgage and other loan documents are not prepared in accordance with these instructions, the Mortgage Approval
and any special instructions received from us and we suffer a loss as a result, we will seek to recover any such loss from
you.
• NOTWITHSTANDING ANY LESS STRINGENT FILE RETENTION REQUIREMENTS ESTABLISHED BY YOUR GOVERNING LAW
SOCIETY, YOU MUST RETAIN COPIES OF ALL DOCUMENTATION RELATED TO THIS MORTGAGE FOR A MINIMUM OF 7
YEARS.

Unless the Mortgage Approval indicates that Vendor Take Back (“VTB”) or other secondary mortgage financing is expressly
permitted, it is your responsibility to confirm that there is no VTB or other secondary mortgage financing. If, prior to
disbursing mortgage funds on this mortgage, you are aware or become aware of any VTB or other secondary mortgage financing
which is to be registered prior to, concurrently with or at a time following funding, you are required to immediately advise our
Regional Mortgage Centre, and no funds are to be disbursed until you have received further written instructions from us. If we
agree to a VTB, as a condition of funding, you must obtain from the vendor a waiver of any equitable lien for unpaid purchase
monies and confirmation that the vendor postpones any interest that it may have in the Property in favour of our mortgage.
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Instructions to Solicitor Re: First Mortgage

Precondition to Advance of Funds

IDENTITY VERIFICATION AND CERTIFICATION
In accordance with the requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and
Regulations (or any successor legislation in force from time to time), prior to disbursing funds, we require that you ascertain
the identity of each borrower (and guarantor and signing officer, as applicable) as follows:
We require that you examine Acceptable Identification, as defined in Acceptable Forms of Identification hereto from each borrower
(and guarantor and signing officer, as applicable) prior to the funds being disbursed to you and that you complete Identification
Verification Form ("IVF"), on which you are required to record the full name, identification type, identification number and place of
issue of identification for each borrower (and guarantor and signing officer, as applicable). Where a corporation or other entity has
more than three signing officers, you are not required to ascertain the identity of more than three of the signing officers who
execute the mortgage documents.
Do not send photocopies of identification documentation produced by borrowers, guarantors or signing officers. Unless the
Mortgage Approval specifies otherwise, the IVF form must be completed and delivered to us with your Solicitor’s Interim
Report/Requisition for Funds (Form 1053).
Each borrower (and guarantor and signing officer, as applicable) must be physically present when you ascertain his or her
identity. If you are not able to ascertain the identity of each in the manner set out above, you must immediately notify our
Regional Mortgage Centre and no funds are to be disbursed until you receive further written instructions from us.

DISCLOSURE STATEMENTS
You must ensure that all borrowers execute the Disclosure Statement before signing the mortgage documents, and that each
borrower receives one signed copy of the Disclosure Statement (including the Fee Schedule) along with all other applicable
mortgage documents. One signed copy of the Disclosure Statement and all other applicable mortgage documents must be
returned to us with your Solicitor’s Final Report and Certificate of Title (Form 1006).
You will receive a subsequent disclosure statement if the cost of borrowing changes. This subsequent disclosure statement may be
received after closing, and in any event must be provided to all borrowers upon receipt. Pursuant to the Electronic Documents (Bank
and Bank Holding Companies) Regulations, the subsequent disclosure statement may be provided to all borrowers by personal
delivery or by mail, but not by electronic means (such as fax or email). For progress advances, we will mail the Disclosure Statement
directly to the borrowers.
If the mortgage is insured, you will also receive a Mortgage Default Insurance Disclosure, either together with the Mortgage
Disclosure Statement or separately. In accordance with the Mortgage Insurance Disclosure Regulations under the Bank Act, we
require that you provide this document to each borrower before he or she enters into the mortgage.
Information on the Registered Security for your Mortgage Loan - Standard Charge
Please obtain a copy of the Information on the Registered Security for your Mortgage Loan – Standard Charge (Form 12166) from the
Mortgages section of the cmidocs.com website or the ARE portal. A copy of this document must be delivered to each borrower
before they enter into the mortgage documents. This information document is required pursuant to the Commitment to Provide
Information on Mortgage Security that CIBC and other financial institutions have made to the Ministry of Finance.
Disbursement of Funds
Before disbursing the mortgage funds, please read Options A, B (title insured loans) and C (Western Protocol) on the following pages
and proceed as follows:
1. Prepare our Solicitor's Interim Report/Requisition for Funds (Form 1053) and upload to the ARE portal or fax it to us between
two to five business days prior to the date funds are required. If we do not receive your Solicitor’s Interim Report/Requisition
for Funds (Form 1053)24 hours prior to the date funds are required, there could be a delay in disbursement.
2. Interest shall accrue on the mortgage funds advanced from the date we advance them to you, whether or not you disbursed
them to the borrower on that date. If you cannot disburse the proceeds within three business days of the scheduled
advance date, return all funds to us. If the funds are returned more than three business days after the scheduled advance
date, you will be responsible for any costs incurred, and we may charge accrued interest Accrued interest, calculated to the
interest adjustment date, will be debited from the borrower's bank account. The accrued interest for mortgages on which
progress advances are made will be either debited via Electronic Fund Transfer (EFT) from the borrower's account on the first
day of each month or, deducted from the second and subsequent advances, or invoiced monthly to the borrower where more
than thirty days elapse between advances. You should refer to the Mortgage Approval for any specific instructions concerning
the collection of interest which may apply and, where invoices are indicated, request prompt payment for us.
3. It is strongly recommended that all mortgage funds (other than de minimis amounts) be disbursed by wire transfer.
Interest Adjustment and Date of Payments
The date of adjustment or interest adjustment date to be used is shown on the Mortgage Approval, and we must approve any change
to such date. The mortgage must be drawn using the payment dates reflected in the Mortgage Approval. The payment amount must
represent the blended principal and interest component only.
Taxes
The amount of the tax component (if any) is not to be included in the mortgage payment amount set out in the mortgage document.
All tax bills issued and unpaid at the interest adjustment date are to be paid in full, provided that where the applicable municipality
or taxing authority has an instalment program for payment of property taxes, if the borrower has elected to participate in such
program, you have received confirmation that the borrower is registered in such program and that all scheduled payments due to
the date of closing have been made, this will be satisfactory.
Surveys
Except as otherwise required in these instructions or the Mortgage Approval, to the extent required, a recent plan of survey,
location certificate or surveyor's certificate/real property report of the Property (a “Survey”) signed by a qualified surveyor, which
sets out the Property (including all buildings and other structures) in its current state must be obtained. If any changes have been
made to the Property since the date of the Survey, a statutory declaration from the borrower (or vendor in the case where the
borrower is purchasing the Property) must be given to the effect that any changes or additions since the date of the survey comply
with provincial or territorial and municipal by-laws.
The Survey must indicate, without limitation, the following matters:
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Instructions to Solicitor Re: First Mortgage

1. the legal description (being the parcel identification number, the lot and plan number or concession number if applicable),
measurements and boundaries of the Property and any discrepancies between the legal description of the Property and the
property described by the Survey;
2. all buildings, structures or the foundations of the buildings under construction, in each case located at the Property, and their
respective dimensions and distances from the boundaries of the lands;
3. any encroachments on or from adjacent lands and the location of all easements; and
4. the civic address of the Property, if there is an existing building.

NOTE: A Plan of Survey is not required if the loan to value ratio is less than 50% is less than 50% as identified in the Mortgage
Approval and the Property is in an urban centre, and the residential dwelling is at least one year old.
DO NOT SUBMIT a Survey to us. However, retain a copy in your files for a period of 7 years. Please ensure that the borrower is fully
aware of the importance of retaining the original Survey.
OPTION B - Title Insurance Option: If a Survey as described above (or in Manitoba, a Building Location Certificate and Zoning
Memorandum) is not available, we will accept title insurance issued by a title insurance company approved by us in advance.
Please refer to Option B (Title Insurance Option) for further details.
OPTION C – Protocol Option: If a Survey (or, in Manitoba, a Building Location Certificate and Zoning Memorandum) is not
available, then in lieu of such survey, we will rely on your opinion issued in accordance with the Protocol. Please refer to
Option C (Protocol Option) for further details.
Property and Hazard Insurance (“property insurance”)
You must verify that “all risks” property insurance and extended coverage for not less than the full replacement value, unless
otherwise specified, is in force and that the mortgage clause of the Insurance Bureau of Canada is included in the policy, and
arrange for Canadian Imperial Bank of Commerce to be shown as an additional insured and a first loss payee. We cannot accept a
mortgage clause, or amendments to the mortgage clause, that would effectively extend less coverage to us than that provided by
the standard mortgage clause of the Insurance Bureau of Canada. Unless specified under "Special Instructions", please advise the
insurance company that we DO NOT require a copy of the policy or renewals.
Any loss payable to Canadian Imperial Bank of Commerce should be sent to the following address:
Canadian Imperial Bank of Commerce, National Servicing Centre
P.O. Box 115, Commerce Court, Postal Station, TORONTO ON M5L 1E5

Costs
All costs incurred with respect to this mortgage, unless otherwise specified in our Mortgage Approval, must be borne by the
borrower(s).
Expiry Dates
No first advance may be made after the expiry date recorded in our Mortgage Approval unless you have received confirmation of an
extension from us.
Reporting on Title
1. Between two (2) to five (5) business days prior to first advance, we require that you upload to the ARE portal or fax the signed
Solicitor's Interim Report/Requisition for Funds (Form 1053) to the Regional Mortgage Centre set out above.
2. Within thirty days after the loan has been disbursed in full, or if you have chosen Option C, within 30 days after
registration of the mortgage is complete, a Solicitor's Final Report and Certificate of Title (Form 1006) should be
completed and forwarded to the Head Office of Canadian Imperial Bank of Commerce via the ARE Portal or the
address or fax number set out below. If the final documentation will be delayed, you should advise us in writing of the
date we will receive that documentation:
Canadian Imperial Bank of Commerce, National Servicing Centre
P.O. Box 115, Commerce Court, Postal Station, TORONTO ON M5L 1E5
Or
Fax number: 1-844-739-1159

DO NOT SUBMIT to us any sheriff's certificates, zoning memoranda, title searches or title abstracts that you obtain. We rely
entirely on you to ensure that they are in accordance with these instructions.
Option A – TO BE USED IN ALL CASES EXCEPT WHERE TITLE INSURANCE IS DELIVERED (OPTION B) OR WHERE WESTERN LAW
SOCIETIES’ CONVEYANCING PROTOCOL APPLIES (OPTION C)
If this Option A is used, it is your responsibility to confirm that:
1. all province- or territory- and property-specific conditions (as set out in the sections below) have been satisfied;
2. the borrower has good and marketable title to the lands and premises described in our Mortgag e Approval (the "Property")
and that the mortgage is registered in the proper Land Registry or Land Titles Office and is a valid first charge on the
Property subject only to those matters approved by us prior to registration of the mortgage. If the Property is different than
described in the Mortgage Approval or if the mortgage will not be in first priority, please contact our Regional Mortgage
Centre immediately for further instructions;
3. the mortgage is prepared on the form provided by or specified by us, and the provisions thereof are in accordance with the
Mortgage Approval and the appropriate Schedule of Additional Provisions (Form 6498) is completed (if applicable) and forms
part of the mortgage document to be registered;
4. discrepancies in the legal description, title defects, reservations and restrictions, encroachments, encumbrances and
easements (other than the permitted encumbrances set out in Schedule “A” hereto (the “ Permitted Encumbrances”)) are
referred to us WITH YOUR OPINION as to its/their effect on the marketability of title; we rely on you to confirm that all
registered agreements have been complied with in all material respects and that the Property complies in all material
respects with all applicable laws;
5. there are no writs of executions or judgments affecting any borrower or the Property;
6. the building(s) and any ancillary building(s) or structure(s) do not, with respect to their location or use, violate any
registered restrictions or statutes or regulations of any provincial/territorial or other competent authority;
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Instructions to Solicitor Re: First Mortgage

7. “all risks” property insurance with extended coverage as set forth herein and other insurance that may be specified in our
Mortgage Approval is in force on or prior to the date of advance. DO NOT SUBMIT a copy of the property insurance policy to
us;
8. all other security specified in the Mortgage Approval, such as fixture filing, chattel mortgage, security agreement, notice o f
security interest, personal property financing statements, assignments of rents and leases or assignment o f rental under
leases, where appropriate and applicable, is valid and binding and has been registered in all applicable registries and offices
or processed to give us, for our interest, all the protection necessary; and that all terms and conditions set ou t in the
Mortgage Approval have been met and complied with;
9. our mortgage is maintained in a first priority position over any liens, and you retain holdbacks from advances in such amounts
and for such periods of time as may be required by the Construction Lien Act, Builder’s Lien Act, Mechanics Lien Act or any
similar legislation under a different name;
10. if there is a Family Law Act, Matrimonial Property Act, Family Property Act, Homesteads Act or any similar legislation under a
different name in force in the province or territory in which the Property is located, all requirements are complied with and our
interest is protected in every respect;
11. you take all steps that would be taken by a careful and prudent solicitor on behalf of a client, including client in accordance
with best practices and your local law society requirements and guidelines from time to time; if you note any unusual activity,
any impending sales or if you suspect any fraud of any kind, please contact our Regional Mortgage Centre immediately to report
same and to seek instructions;
12. all borrowers and guarantors NOT receiving a direct benefit from the proceeds of this mortgage receive independent legal
advice (“ILA”) and an ILA certificate is included in the package of documents delivered with your Solicitor’s Final Report and
Certificate of Title (Form 1006);
13. all borrowers in an electronically registered mortgage understand the effect of the document and agree to be bound by such
document to the same extent as if they had "signed" it, and that all guarantors execute the "Acknowledgement/ Direction
and Guarantee";
14. all borrowers acknowledge receipt of a copy of the mortgage and, where applicable, the Standard Charge Terms (Form 5453)
which form part of the mortgage before signing the mortgage, and have an opportunity to review them; and
15. if this is a CIBC Better Than Posted Mortgage, "Registered Rate" and the "Registered Payment Amount" set out in the registered
security documentation are based on the Ongoing Rate shown in the Mortgage Approval. (Note that there are two different rates
noted in the Mortgage Approval: the Promotional Rate and the Ongoing Rate)
Option B TITLE INSURANCE OPTION – TO BE USED IN ALL CASES WHERE TITLE INSURANCE IS OBTAINED
See the Property Specific Instructions below to determine those instances where we require you to obtain title insurance
If Option B is chosen or required, contact the title insurance company before funds are required. The title insurance company will
advise you as to the information and documentation it requires. You must indicate the name of the title insurance company and the
individual Title Insurance Certificate Number on the Solicitor's Interim Report/Requisition for Funds (Form No.1053).
We will only accept title insurance issued by a title insurance company that has been approved by us prior to your request for funds.
Please contact our Regional Mortgage Centre to ensure that the title insurer you intend to use is approved by us. In addition, it is
your responsibility to provide us with the name of the approved title insurance company and the individual title insurance policy
number on the Solicitor's Interim Report/Requisition for Funds (Form No.1053). You should obtain and follow the instructions of the
title insurance company in obtaining the coverage we require.
Regardless of what is required by the title insurer to issue a policy in the form that we require, we expect that you will meet your
professional responsibilities beyond the coverage contained in the title insurance policy. It is your responsibility to advise our
Regional Mortgage Centre of any matter that is not covered by the title insurance policy, and to obtain instructions. You must
ensure that you or the borrower pays the required premium to the title insurer.
Where there is more than one advance, you are responsible for obtaining any subsequent or additional endorsements from the title
insurer (if applicable).
If this Option B is used, it is your responsibility to confirm that:
1. all province- or territory- and property-specific conditions (as set out in the sections below) have been satisfied;
2. the mortgage is insured as a first priority mortgage and charge on the Property, subject only to those matters not insured under
the title insurance policy and listed on Schedule “B” to the title insurance policy;
3. the mortgage is prepared on the form provided by or specified by us, and the provisions thereof are in accordance with the
Mortgage Approval and the appropriate Schedule of Additional Provisions (Form 6498) is completed (if applicable) and forms
part of the mortgage document to be registered;
4. discrepancies in the legal description, title defects, reservations and restrictions, encroachments, encumbrances and easements
(other than the Permitted Encumbrances), and a copy of any title search report, opinion or memo provided to the title insurer
are referred to us with your Solicitor’s Interim Report/Requisition for Funds (Form 1053) for approval and are to be insured
under the title insurance policy;
5. there are no writs of execution or judgments affecting any borrower or the Property;
6. “all risks” property insurance with extended coverage as set forth herein and other insurance that may be specified in our
Mortgage Approval is in force on or prior to the date of advance. DO NOT SUBMIT a copy of the property insurance policy to us;
7. all other security specified in the Mortgage Approval, such as fixture filing, chattel mortgage, security agreement, notice of
security interest, personal property financing statements, assignments of rents and leases or assignment of rental under leases,
where appropriate and applicable is valid and binding, and has been registered in all applicable registries and offices or
processed to give us, for our interest, all the protection necessary; and that all terms and conditions set out in the Mortgage
Approval have been met and complied with;
8. our mortgage is maintained in a first priority position over any liens, and that you make such holdbacks from advances in such
amounts and for such periods of time as may be required by the Construction Lien Act, Builder’s Lien Act, Mechanics Lien Act or
any similar legislation under a different name; and if this mortgage secures a construction loan, a construction loan
endorsement forms part of the title insurance policy;
9. if there is a Family Law Act, Matrimonial Property Act (or similar legislation under a different name) in force in the province or
territory in which the Property is located, all requirements are complied with and our interest is protected in every respect;
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Instructions to Solicitor Re: First Mortgage

10. you take all steps that would be taken by a careful and prudent solicitor on behalf of a client in accordance with best practices
and your local law society requirements and guidelines from time to time; if you note any unusual activity, any impending sales
or if you suspect any fraud of any kind, please contact our Regional Mortgage Centre immediately to report same and to seek
instructions;
11. all borrowers and guarantors NOT receiving a direct benefit from the proceeds of this mortgage receive independent legal
advice (“ILA”) and an ILA certificate is included in the package of documents delivered with your Solicitor’s Final Report and
Certificate of Title (Form 1006);
12. all borrowers in an electronically registered mortgage understand the effect of the document and agree to be bound by such
document to the same extent as if they had "signed" it, and all guarantors execute the "Acknowledgement/ Direction and
Guarantee";
13. all borrowers acknowledge receipt of a copy of the mortgage and, where applicable, the Standard Charge Terms (Form 5453)
which form part of the mortgage before signing the mortgage, and have an opportunity to review them; and
14. if this is a CIBC Better Than Posted Mortgage, the “Registered Rate” and the “Registered Payment Amount” set out in the
registered security documentation are based on the Ongoing Rate) shown in the Mortgage Approval. (Note that there are two
different rates noted in the Mortgage Approval: the Promotional Rate and the Ongoing Rate).
Option C (Western Law Societies’ Conveyancing Protocol (the “Protocol”)
We accept the use of the Protocol for the types of property covered by the Protocol. It is your responsibility to review the Protocol
applicable to your province to determine whetherit may be applied to this particular mortgage transaction. The Protocol is available
from your local Law Society. In your submission of a Solicitor’s Interim Report/Requisition for Funds (Form 1053), you represent to
us that you have complied with the Protocol in the conduct of this transaction with respect to the Property. If the mortgage
transaction is one to which the Protocol applies and you choose this option, then you may disburse the mortgage funds in
accordance with the Protocol and the following shall apply:
If this Option C is used, it is your responsibility to ensure that:
1. all province- or territory- and property-specific conditions (as set out in the sections below) have been satisfied;
2. the borrower has good and marketable title to the Property and that the mortgage is registered in the proper Land Registry or Land
Titles Office and is a valid first charge on the Property subject only to any intervening registrations between the day before the funds
are disbursed to the date of registration of the mortgage and those matters approved by us prior to registration of the mortgage;
3. on the day prior to the date the mortgage funds are disbursed, you will ensure that there are no writs of execution or
judgments affecting any borrower or the Property;
4. if the Property is different than described in the Mortgage Approval, or if the mortgage will not be in first priority, please
contact our Regional Mortgage Centre immediately for further instructions;
5. the mortgage is prepared on the form provided by or specified by us, and the provisions thereof are in accordance with the
Mortgage Approval and the appropriate Schedule of Additional Provisions (Form 6498) is completed (if applicable) and forms
part of the mortgage document to be registered;
6. discrepancies in the legal description, title defects, reservations and restrictions, encroachments, encumbrances and easements
(other than the Permitted Encumbrances) are referred to us with your Solicitor’s Final Report and Certificate of Title (Form
1006) as to its/their marketability of title;
7. the building(s) and any ancillary building(s) or structure(s) do not, with respect to their location or use, violate any registered
restrictions or statutes or regulations of any provincial/territorial or other competent authority;
8. “all risks” property insurance with extended coverage as set forth herein and other insurance that may be specified in our
Mortgage Approval is in force on or prior to the date of advance. DO NOT SUBMIT a copy of the property insurance policy to us;
9. all other security specified in the Mortgage Approval, such as fixture filing, chattel mortgage, security agreement, notice of
security interest, personal property financing statements, assignments of rents and leases or assignment of rental under leases,
where appropriate and applicable is valid and binding, and has been registered in all applicable registries or offices or
processed to give us, for our interest, all the protection necessary; and that all terms and conditions set out in the Mortgage
Approval have been met and complied with;
10. our mortgage is maintained in a first priority position over any liens, and you make holdbacks from advances in such amounts
and for such periods of time as may be required by the Construction Lien Act or Builder’s Lien Act (or any similar legislation
under a different name);
11. if there is a Family Law Act (or similar legislation under a different name) in force in the province or territory in which the
Property is located, all requirements are complied with and our interest is protected in every respect;
12. you take all steps that would be taken by a careful and prudent solicitor on behalf of a client in accordance with best practices
and your local law society requirements and guidelines from time to time; if you note any unusual activity, any impending sales
or if you suspect any fraud of any kind, please contact our Regional Mortgage Centre immediately to report same and to seek
instructions;
13. all borrowers execute the Disclosure Statement prior to execution of the mortgage documents, and each borrower receives one
signed copy of the Disclosure Statement (including the Fee Schedule) along with all other applicable mortgage documents. One
signed copy of the Disclosure Statement and all other applicable mortgage documents must be returned to us with your final
Solicitor’s Final Report and Certificate of Title (Form 1006);
14. if the mortgage is insured, you will also receive a Mortgage Default Insurance Disclosure, either together with the Mortgage
Disclosure Statement or separately. In accordance with the Mortgage Insurance Disclosure Regulations under the Bank Act, we
require that you provide this document to each borrower before he or she enters into the mortgage documents;
15. all borrowers and guarantors NOT receiving a direct benefit from the proceeds of this mortgage receive independent legal
advice (“ILA”) and an ILA certificate is to be included in the package of documents delivered with your Solicitor’s Final Report
and Certificate of Title (Form 1006);
16. all borrowers acknowledge receipt of a copy of the mortgage and, where applicable, the Standard Charge Terms which form
part of the mortgage before signing the mortgage, and have an opportunity to review them;
17. all borrowers in an electronically registered mortgage understand the effect of the document and agree to be bound by such
document to the same extent as if they had "signed" it, and all guarantors execute the "Acknowledgement/ Direction and
Guarantee"; and
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Instructions to Solicitor Re: First Mortgage

18. if this is a CIBC Better Than Posted Mortgage, the “Registered Rate” and “Registered Payment Amount” set out in the registered
security documentation are based on the Ongoing Rate shown in the Mortgage Approval. (Note that there are two different rates
noted in the Mortgage Approval: the Promotional Rate and the Ongoing Rate).
By issuing a Protocol opinion for the mortgage transaction, you represent that:
a) this mortgage transaction is a transaction to which the Western Law Societies’ Conveyancing Protocol applies;
b) you have complied with the Protocol in the conduct of this mortgage transaction, and have acted in accordance with our
Instructions to Solicitor (which are incorporated herein) with respect to the mortgage subject to any qualifications noted in
your opinion which have been accepted by us;
c) you maintain minimum insurance coverage at least equal to the face amount of the mortgage;
d) you acknowledge and agree that if there is:
i) an intervening registered interest in the Property, or an unregistered interest in the Property of which you are aware
which takes priority over the mortgage contrary to these instructions; or
ii) a survey problem or title defect which would have been disclosed by an appropriate survey prepared prior to the
disbursement of mortgage funds,
Then you will be responsible to us for any actual losses (including the cost of repairs) that we suffer as a result.

PROVINCE AND TERRITORY SPECIFIC PROVISIONS

ALBERTA
• If the Property is located in Alberta and home warranty insurance coverage is required by the New Home Buyer Protection
Act, insurance coverage that complies with the requirements of the Act is in place on closing. You must include a copy of
the insurance certificate with the Solicitor's Final Report.
• If the Property is located in Alberta and the mortgage requires a guarantee, you will comply with the provisions of the
Guarantees Acknowledgement Act (Alberta) and ensure that each guarantee completes the applicable certificate.
• If the property is located in Alberta, the following is to be inserted in Box 11 (“Additional Provisions”) of the
Charge/Mortgage of Land and the appropriate box is to be checked:

THIS MORTGAGE IS NOT A HIGH-RATIO MORTGAGE

THIS MORTGAGE IS A HIGH-RATIO MORTGAGE TO WHICH SECTIONS 43(4.1) AND (4.2) AND 44(4.1) AND (4.2) OF THE LAW OF
PROPERTY ACT APPLY. YOU AND ANYONE WHO, EXPRESSLY OR IMPLIEDLY, ASSUMES THIS MORTGAGE FROM YOU, COULD BE SUED
FOR ANY OBLIGATIONS UNDER THIS MORTGAGE IF THERE IS A DEFAULT BY YOU OR BY A PERSON WHO ASSUMES THIS MORTGAGE.

BRITISH COLUMBIA
• For British Columbia real property transactions that do not qualify as simple conveyances (per Law Society of British
Columbia requirements), you are not permitted to act on behalf of the borrower.
• You must confirm that the mortgage is registered in the proper Land Registry or Land Title Office and is, or will become in
the ordinary course of a transaction with the use of solicitors’ undertakings, a valid charge on the property subject only to
those matters approved by us prior to registration of the mortgage.
• You must comply with all requirements of the Land Title and Survey Authority of British Columbia in respect of electronic
registration.
MANITOBA
• Do not submit any sheriff’s certificates, zoning memorandum or title searches that you obtain
• If a building location certificate and zoning memorandum is not available, Option B – title insurance option must be used.
NEW BRUNSWICK
• For all private leasehold mortgages in Campbellton, New Brunswick, please use Option B – Title Insurance Option
NOVA SCOTIA
• Ensure that complete and accurate certificates and affidavits of execution are attached to all documents to be registered
on title, including appropriate reference to the Matrimonial Property Act.
ONTARIO
Where the mortgage is registered electronically:
• All borrowers (and if applicable, guarantors) execute the Acknowledgement/Direction and Guarantee and understand the
effect of the document and agree to be bound by such document to the same extent as if they had "signed" it
• You are required to retain the original Acknowledgement/Direction and Guarantee in your files for a period of seven (7)
years.
SASKATCHEWAN
• Determine, through discussions with the borrower(s), whether the home quarter protection provisions of The Saskatchewan
Farm Security Act apply. If the Property is protected from foreclosure, obtain the necessary exclusion order from the
Saskatchewan Farm land Security Board, statutory declaration(s) or other documentation that may be required to ensure
the new or previously registered mortgage is fully enforceable against the Property.
• You may sign Saskatchewan Farm Land Security Board documentation on our behalf.
• If an exclusion order is required, obtain the exclusion order from the Saskatchewan Farm land Security Board before
advancing any funds.
• A copy of the exclusion order or statutory declaration(s) must be provided with your Solicitor’s Final Report and Certificate
of Title.
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Instructions to Solicitor Re: First Mortgage

PROPERTY AND TERRITORY SPECIFIC PROVISIONS

new construction, leasehold properties, strata/condo properties, rural properties, etc.
NEW CONSTRUCTION
• If the property is to be registered under a provincial or territorial new home warranty plan, the enrolment numbers for the
builder and the housing unit must be obtained prior to the first advance, and a completed copy of the certificate of
completion and possession (or other similar certificate confirming commencement of new home warranty coverage) must
be obtained prior to the final advance. If the property is not in Alberta, DO NOT SUBMIT these certificates to us as we rely
on your certification. If the Property is in Alberta, see the province-specific instructions above.
• If the Property is new construction and is not connected to local municipal septic services, you must obtain and review a
satisfactory copy of the septic tank certificate, together with any other certificates required by the appropriate governing
body, prior to funds being advanced, and retain them in your file for 7 years. If the Property is not new construction, a
septic tank certificate and any other certificates required by the appropriate governing body are only required if you have
knowledge that there may be problems with the septic system.
LEASEHOLD
• If the borrower's interest in the Property is leasehold, you must confirm that the lease is registered and thoroughly review
the lease to confirm that it is binding between the landlord and tenant, in good standing and will be charged as a first
charge by our mortgage as instructed in the Mortgage Approval and that there are no unusual stipulations in the lease.
Before funds are advanced, you must obtain the landlord’s consent to our mortgage, and a non-disturbance agreement
preventing the landlord from terminating the lease without first giving us adequate prior written notice and the right to
remedy the default under the lease. You must confirm that the landlord is a government body or crown
corporation/agency, and that the remaining term of the lease is at least 5 years longer than the amortization period of the
mortgage. If the borrower's interest in the Property is leasehold and this is not indicated in our Mortgage Approval or if the
landlord is not a government body or crown corporation/agency, refer to us for approval giving details of the lease;
• all leasehold mortgages must be title insured – please use Option B.
STRATA/CONDO
• If the Property is a condominium or strata unit, you must obtain a status or estoppel certificate, or in BC executed Forms B
and F under the BC Strata Property Regulation, in the form required by the applicable condominium or strata legislation,
which certificate(s) must indicate:
• All common expenses are paid to the date of advance;
• Copy of the current budget;
• Amount of the reserve fund/contingency fund;
• There are no special assessments levied and unpaid, or pending increases in common expenses on the unit or in the
reserve/contingency fund;
• The condominium or strata corporation is not a party to any legal action;
• There are no pending major repairs to the condominium or strata;
• Identity of the property manager; and
• Insurance coverage is in place and protects us against loss.
• Any rights of the borrower to parking spaces and storage lockers intended to be used in conjunction with the subject unit
shall form part of our security.
• You must also review the condominium declaration (if applicable), condominium/strata plan, the additional condominium
plan sheet (if applicable), by-laws and any amendments, including without limitation, any provisions relating to the use or
resale of the unit(s) that may materially impair or have a material adverse effect on our security, including any restrictions
on age, race, etc.
• All new (meaning occupied for the first time or purchased directly from the builder) construction condominiums or strata
units must be title insured – please use Option B.
RURAL PROPERTIES AND PROPERTIES NOT CONNECTED TO MUNICIPAL SERVICES
• if the Property is new construction and not connected to municipal septic services, you must retain and review a
satisfactory copy of the septic tank certificate, together with any other certificates required by the appropriate governing
body, before advancing funds, and retain the certificates in your file for 7 years. If the Property is not new construction,
you are only required to obtain and review these documents if you have knowledge that there may be problems with the
septic system;
• if the Property is not connected to municipal water services, you must obtain and review the following before advancing
funds, and retain them in your file for 7 years:
• a satisfactory certificate from the appropriate health authority indicating the well water is suitable for human
consumption, and
• a satisfactory well driller's certificate, confirming that the water flow is adequate, if the property is a new
construction.
Retain copies of these certificates in your file for 7 years after closing. Advise us immediately if there are any issues related to
the water potability or water flow;
• if the mortgage is a refinance of an existing mortgage in favour of CIBC or CIBC Mortgages Inc, we do not require the septic
tank and well certificates indicated above unless you have knowledge that there may be problems with the septic system
and/or well.
CONSTRUCTION MORTGAGES AND MULTIPLE ADVANCES
• For construction mortgages or mortgages where there is more than one advance, you must make a subsearch/title search
before each progress advance or completion payment is made to the borrower. If subsequent encumbrances of any kind are
disclosed, all advances should be withheld, the facts reported to us and our further written instructions sought.
• You must hold back from any progress advances and for the applicable periods of time required to comply with applicable
builders’ lien legislation.
We will not retain holdbacks from the funds we advance to you.
If the funds have to be returned to us for any reason, we must receive them no later than three business days after the date we
advanced them to you. If you return the funds to us after that, you will be responsible for any costs incurred, and we may charge
you accrued interest.
For construction mortgages, title insurance policies must include a construction loan endorsement.
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Instructions to Solicitor Re: First Mortgage

Where there is more than one advance and if applicable, you are responsible for obtaining any subsequent or additional
endorsements from the title insurer.
MORTGAGE(S) TO A BUILDER
• If this is a mortgage to a builder, the final advance is not to be made until our Agreement to Assume has been executed by
the purchaser or a new mortgage in the name of the purchaser is registered.
• If the Mortgage Approval applies to a number of loans between CIBC and the builder, or to one loan made to finance the
builder’s construction of a number of homes on a number of properties, and if the matters covered in our Solicitor's Interim
Report/Requisition for Funds apply uniformly to a number of such loans or properties, you may complete one Solicitor's
Interim Report/Requisition for Funds, with a schedule attached that shows our reference numbers and the information we
require for each loan or property.

TRUSTEES, ESTATES AND MORTGAGES SIGNED UNDER POWER OF ATTORNEY

• For trustees, estates, or where the mortgage is to be executed under power of attorney, we require that you immediately
advise our Regional Mortgage Centre. No funds are to be disbursed until further written instructions are received from us.
• All mortgages signed under power of attorney must be title insured – please use Option B.

FIRST NATIONS LANDS

• If this is a mortgage over First Nations lands and the borrower’s interest is not leasehold, please contact our Regional
Mortgage Centre immediately for our further written instructions.

PRIVATE SALES
• If the borrower is purchasing the Property pursuant to an Agreement of Purchase and Sale which does not disclose the
involvement of a realtor, the mortgage must be title insured – please use Option B.

IF A BORROWER OR GUARANTOR IS A CORPORATION OR OTHER NON-PERSONAL ENTITY

• Where the Borrower or a guarantor is a corporation or entity other than an individual, we require that:
• Where it is a corporation, you confirm the existence and good standing of the corporation, its name and address, and
the names of its directors, by referring to its certificate of corporate status, and/or to a corporate search/summary
from the applicable corporate registry or other record that the corporation is required to file annually or periodically
under applicable legislation that governs its existence as a corporation; OR where it is an entity other than a
corporation, you confirm the existence of the entity by referring to its partnership agreement, articles of association,
society search/summary from the applicable corporate registry or other similar record, agreement or instrument that
governs its existence.
• In either case, if the documentation is in paper form, send the record or a copy of it to us with your final report. You
may refer to an electronic record only if it is obtained from a source that is accessible to the public.
• You must confirm that the borrower and/or guarantor is/are valid and subsisting, incorporated or otherwise created, with
full power and authority to borrow and to hold, mortgage and otherwise deal with the Property and all necessary action has
been taken to authorize the borrowing of the principal sum with interest as stated in the mortgage documents and the
giving of the mortgage and any other security; you must obtain a certificate of status of any corporation; and you must
obtain or issue an opinion that such corporation or other entity is duly formed, that all documents have been duly
authorized, executed and delivered by such entity.
• You must ascertain the identity of each signing officer who executes the mortgage documents, in the manner described in
these instructions for individual borrowers.