The Property Loan Agreement is a crucial document used in Indonesian property financing transactions when a lender provides funding secured against real estate. It serves as the primary agreement governing the loan relationship between financial institutions and borrowers, incorporating requirements from Indonesian banking regulations, property laws, and the Civil Code. The document can be structured to comply with either conventional or Sharia banking principles, reflecting Indonesia's dual banking system. It typically includes comprehensive details about the property security, loan terms, borrower obligations, and enforcement mechanisms. This agreement is essential for protecting both lender and borrower interests while ensuring compliance with Indonesian financial services regulations and property laws.
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1. Parties: Identification of the lender and borrower, including complete legal names, addresses, and registration details
2. Background: Context of the loan agreement, purpose of the loan, and brief description of the property being financed
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Loan Details: Specific terms of the loan including principal amount, interest rate, term, and purpose
5. Disbursement Terms: Conditions for disbursement of the loan and the process for drawdown
6. Repayment Terms: Payment schedule, method of payment, and prepayment provisions
7. Security Arrangements: Details of the property mortgage (Hak Tanggungan) and any additional security
8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their status and the property
9. Borrower's Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and their consequences
11. Enforcement Rights: Lender's rights and remedies in case of default
12. Costs and Expenses: Allocation of costs related to the loan agreement and property transaction
13. Notices: Process for formal communications between parties
14. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction for disputes
1. Sharia Compliance: Required for Islamic financing structures, including specific provisions for Sharia-compliant financing
2. Insurance Requirements: Detailed insurance obligations if required by the lender
3. Property Management: Specific requirements for property maintenance and management during the loan term
4. Guarantor Provisions: Required when there is a third-party guarantor for the loan
5. Assignment and Transfer: Provisions for transferring or assigning the loan, if permitted
6. Force Majeure: Provisions for unforeseen circumstances affecting loan performance
7. Environmental Compliance: Required for properties with potential environmental impacts or risks
1. Property Details: Complete legal description and details of the property including certificates and permits
2. Payment Schedule: Detailed amortization schedule showing principal and interest payments
3. Conditions Precedent: List of conditions to be satisfied before loan disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Security Documents: Forms and details of security documents including mortgage deed
6. Insurance Requirements: Detailed specifications for required insurance coverage
7. Required Permits: List of necessary permits and licenses for the property
8. Standard Form Notices: Ƶ for various notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Construction
Property Development
Islamic Finance
Insurance
Legal Services
Property Management
Mortgage Services
Relevant Teams
Legal
Credit Risk
Compliance
Real Estate Finance
Islamic Banking
Property Management
Loan Operations
Documentation
Risk Assessment
Client Relations
Relevant Roles
Legal Counsel
Banking Officer
Loan Officer
Credit Risk Manager
Property Manager
Real Estate Developer
Compliance Officer
Islamic Banking Specialist
Property Lawyer
Mortgage Specialist
Financial Advisor
Risk Assessment Officer
Branch Manager
Relationship Manager
Legal Documentation Specialist
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