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The Mortgage Loan Agreement is a crucial document in Indonesian banking and real estate transactions, used when a lender provides financing secured by real property. This agreement must comply with Indonesian banking regulations, property laws, and security rights legislation, particularly Law No. 4 of 1996 on Mortgages (Hak Tanggungan) and Law No. 10 of 1998 on Banking. The document establishes the legal framework for the loan, including security rights, enforcement mechanisms, and borrower obligations. It is essential for both residential and commercial property financing, requiring notarization and registration with the land office. The agreement protects the lender's interests while ensuring borrower rights under Indonesian consumer protection laws.

1. Parties: Identification of the lender (bank/financial institution) and borrower(s), including complete legal names, addresses, and identification numbers

2. Background: Context of the loan agreement, purpose of the loan, and brief description of the property being mortgaged

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms

4. Loan Details: Principal amount, interest rate, term, and purpose of the loan

5. Disbursement Terms: Conditions precedent for disbursement and mechanism for releasing the loan funds

6. Repayment Terms: Payment schedule, method of payment, prepayment provisions, and late payment consequences

7. Security Provisions: Details of the mortgage security, property description, and registration requirements

8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their legal capacity, property ownership, and other relevant matters

9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and restrictions on property usage

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement Rights: Lender's rights and remedies in case of default, including foreclosure procedures

12. Insurance Requirements: Mandatory insurance coverage for the mortgaged property

13. Costs and Expenses: Allocation of fees, taxes, and other expenses related to the loan and mortgage

14. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction for disputes