��������Ƶ

The Private Mortgage Loan Agreement is a crucial legal instrument used in Indonesian private lending transactions where real property serves as collateral. This document is essential when individuals or entities wish to secure a loan with real estate assets under Indonesian law, particularly in compliance with Law No. 4 of 1996 on Mortgage Rights (Hak Tanggungan) and the Indonesian Civil Code. It is commonly used in private lending scenarios where traditional bank financing may not be suitable or desired. The agreement must be executed before a notary and registered with the relevant land office to create enforceable security rights. It contains detailed provisions on loan terms, property details, repayment schedules, default procedures, and the rights and obligations of all parties involved. The document's structure ensures protection for both lender and borrower while maintaining compliance with Indonesian financial services regulations and property laws.

1. Parties: Identification and details of the Lender and Borrower, including their full legal names, addresses, and any registration numbers

2. Background: Context of the loan agreement, including the Borrower's request for financing and the Lender's agreement to provide it

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds

5. Property Details: Description of the mortgaged property, including legal title details and registration information

6. Interest Rate and Calculations: Interest rate, calculation method, and payment frequency

7. Repayment Terms: Loan tenure, payment schedule, and repayment mechanisms

8. Security and Mortgage Rights: Details of the mortgage security, registration requirements, and enforcement rights

9. Borrower's Representations and Warranties: Borrower's confirmations regarding their legal capacity, property ownership, and other material facts

10. Borrower's Covenants: Ongoing obligations of the Borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences thereof

12. Lender's Rights and Remedies: Actions the Lender may take in case of default or breach

13. Costs and Expenses: Allocation of costs related to the loan, including registration fees and enforcement costs

14. Notices: Communication methods and contact details for official notices

15. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes