After the approval, Adv. Winder's signature and seal appear.
I will also note that as Appendix 2 to the loan agreement, a certificate dated April 18, 2017, which was written by Adv. Winder, detailing the status of the rights in the building, was attached at Feldman's request. (Attached as pages 56-57 to the statement of defense).
- As collateral for the loan agreement and in accordance with the terms set forth therein, two apartments were mortgaged which were registered in the name of the plaintiff and Feldman - the apartment that is the subject of the hearing - which is a penthouse apartment and another apartment - apartment number 5 - in which the couple Aharon and Esther Feige Goldberg lived (hereinafter: "Goldberg" and hereinafter: "the apartment reinforced by Goldberg").
I will note that in another proceeding that was heard before this panel - in Cell 50850-12-12 (Goldberg v. Farsh), H.H. Goldberg claimed that they purchased the rights in apartment No. 5 and that the signing of the first loan agreement, as well as the pledge of the rights in apartment No. 5 by the defendant in respect of this loan agreement, were made on the basis of a false representation by Feldman that he was the owner of the apartment and H.H. Goldberg were only renting this apartment. In a judgment given by me on September 2, 2025 in this proceeding, it was determined that Goldberg had not proven the existence of a transaction between them and Feldman for the purchase of the rights in apartment number 5. Alternatively, it was held that in any event, they did not prove that such a transaction was preferable to the loan transaction that was concluded with Farsh, and therefore Goldberg's claim was rejected. For the sake of completeness, I will note that this judgment is pending an appeal to the Supreme Court.
- In order to register the collateral under the agreement, a second mortgage deed in the sum of ILS 2,500,000 was signed by the plaintiff and Feldman on April 27, 2017 (see page 42 of the statement of claim), which also includes a document of special conditions for the realization of the mortgage (see pages 51-52 of the statement of claim). I will note that the mortgage deed was duly signed on April 27, 2017, however, a draft of this deed was already attached to the loan agreement as Appendix 4 and was signed in its margins prior to the signing of the loan agreement - inter alia by the plaintiff (see pages 65-79 of the statement of defense). On the mortgage deed appears a certificate - signed by Adv. Winder, indicating that the deed was signed by the mortgagees (the plaintiff and her husband - Feldman), on April 27, 2017, in accordance with the approval on that date, the mortgagee appeared before the lawyer: "And after I identified him and explained to him the nature of the transaction he was about to execute and the legal consequences deriving from it, and after I was convinced that this was properly understood to him, he signed voluntarily.".
In light of their importance to the future, I will note that in the framework of the letter of special conditions, section 24 included special provisions relating to the mortgagee's waiver of protections in accordance with the provision of section 31 of the Tenant Protection Law (Consolidated Version), 5732-1972 (hereinafter: the "Tenant Protection Law") and also, in accordance with the provision of section 83 of the Execution Law, 5727-1967 (hereinafter: "the Execution Law"), as follows: