Loan And Mortgage Agreement Template for Indonesia

The Loan And Mortgage Agreement is a crucial document in Indonesian secured lending transactions, used when providing financing secured against real property. It serves a dual purpose: documenting the loan's financial terms while creating a legally enforceable security interest over property under Indonesian law. The agreement must comply with multiple regulatory frameworks, including the Indonesian Civil Code, Banking Law, and the Law on Mortgages (Hak Tanggungan). It's commonly used in both commercial and residential property financing, requiring formal execution before an Indonesian notary and registration with the National Land Office. The document typically includes detailed provisions about the loan amount, interest calculations, repayment terms, property details, borrower obligations, and enforcement mechanisms, making it essential for any secured property financing transaction in Indonesia.

1. Parties: Identification of the Lender and Borrower with complete legal names and addresses

2. Background: Context of the loan agreement and mortgage arrangement, including purpose of the loan

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. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods

6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions

7. Security and Mortgage Details: Description of the mortgaged property and security arrangement under Hak Tanggungan

8. Representations and Warranties: Statements of fact and assurances from the Borrower regarding their capacity and the property

9. Borrower's Covenants: Ongoing obligations of the Borrower including property maintenance and insurance

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

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

12. Costs and Expenses: Allocation of costs including registration, notary fees, and enforcement expenses

13. Notices: Process and addresses for formal communications between parties

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

15. Execution: Signature blocks and notarial requirements