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Standard Mortgage Contract
"I need a Standard Mortgage Contract for a residential property in Jakarta, where Bank Mandiri will be the lender providing a 20-year mortgage to an individual borrower, with the loan amount being IDR 2.5 billion and the contract execution planned for March 2025."
1. Parties: Identification of the lender (mortgagee), borrower (mortgagor), and their respective details including registration numbers for institutions and ID numbers for individuals
2. Background: Context of the mortgage agreement, reference to the underlying loan or credit facility, and purpose of the mortgage
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms required by Indonesian law
4. Property Details: Detailed description of the mortgaged property, including certificate numbers, land rights type, and location details as required by Indonesian land law
5. Creation of Security Interest: Provisions establishing the Hak Tanggungan (mortgage right) over the property in accordance with Law No. 4 of 1996
6. Loan Terms: Details of the underlying loan including principal amount, interest rate, term, and payment schedule
7. Borrower's Representations and Warranties: Statements regarding property ownership, authority to mortgage, and absence of encumbrances
8. Borrower's Covenants: Ongoing obligations including property maintenance, insurance, payment of taxes, and restrictions on dealing with the property
9. Events of Default: Circumstances constituting default and triggering enforcement rights
10. Enforcement Rights: Lender's rights and remedies upon default, including power of sale under Indonesian law
11. Insurance: Requirements for property insurance and assignment of insurance proceeds
12. Costs and Expenses: Allocation of costs including registration fees, taxes, and enforcement expenses
13. Notices: Process for giving formal notices between parties
14. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction of Indonesian courts
15. Execution: Signing requirements including notarization provisions as required by Indonesian law
1. Third Party Guarantor Provisions: Required when there is a guarantor providing additional security for the mortgage obligations
2. Special Payment Arrangements: Included when there are specific payment structures or arrangements outside standard monthly payments
3. Property Management: Required for commercial properties or when specific management obligations are needed
4. Environmental Matters: Included for industrial properties or where environmental risks need specific attention
5. Construction Provisions: Required when the mortgage covers property under construction or future development
6. Subordination Provisions: Included when there are multiple security interests or lenders involved
7. Islamic Finance Provisions: Required when the mortgage is structured to comply with Sharia law principles
1. Property Description Schedule: Detailed technical description of the property including boundaries, certificates, and land use rights
2. Payment Schedule: Detailed breakdown of payment obligations including principal and interest calculations
3. Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts
4. Form of Notice: Template forms for various notices required under the agreement
5. Power of Attorney: Standard form of power of attorney for enforcement purposes
6. Property Documents: List of all relevant property certificates and documentation
7. Permitted Security Interests: List of any pre-approved security interests or encumbrances on the property
Authors
Banking and Financial Services
Real Estate
Construction
Insurance
Legal Services
Property Development
Residential Housing
Commercial Real Estate
Agricultural Land
Industrial Property
Legal
Credit Risk
Mortgage Operations
Compliance
Real Estate
Property Services
Documentation
Loan Administration
Risk Management
Corporate Banking
Legal Counsel
Mortgage Officer
Credit Risk Manager
Property Lawyer
Banking Executive
Loan Officer
Compliance Officer
Real Estate Manager
Property Valuation Specialist
Credit Analyst
Legal Documentation Specialist
Banking Operations Manager
Property Rights Specialist
Mortgage Underwriter
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