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Land Mortgage Agreement
"I need a Land Mortgage Agreement to secure a USD 2 million commercial loan from Bank Central Asia, with the security being my office building in Jakarta's CBD; the agreement needs to be bilingual and completed before March 2025."
1. Parties: Identification of the Mortgagor (property owner), Mortgagee (usually a bank/financial institution), and details of their authorized representatives
2. Background: Context of the mortgage agreement, including reference to the underlying credit agreement or debt being secured
3. Definitions: Key terms used throughout the agreement, including technical terms related to the property and mortgage rights
4. Property Details: Comprehensive description of the mortgaged property, including certificate numbers, location, and boundaries
5. Mortgage Amount: The maximum amount secured by the mortgage, including the principal debt and additional costs
6. Rights and Obligations: Detailed rights and obligations of both the Mortgagor and Mortgagee
7. Representations and Warranties: Statements regarding property ownership, authority to mortgage, and absence of encumbrances
8. Registration and Execution: Procedures for registering the mortgage with the land office and execution requirements
9. Default and Enforcement: Events of default and the Mortgagee's rights of enforcement
10. Insurance: Requirements for insuring the mortgaged property
11. Costs and Expenses: Allocation of costs related to the mortgage creation and registration
12. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction
13. Notices: Communication procedures between parties
14. Execution Clause: Formal closing and signing section compliant with Indonesian law requirements
1. Multiple Properties: Additional provisions when multiple properties are being mortgaged, including cross-collateralization terms
2. Foreign Party Provisions: Special provisions required when one party is foreign, including compliance with foreign investment regulations
3. Environmental Compliance: Special provisions regarding environmental compliance and responsibilities, particularly for industrial or commercial properties
4. Third Party Consent: Provisions regarding any required third-party consents or approvals
5. Subordination: Provisions regarding ranking of security rights if multiple mortgages exist
6. Power of Attorney: Specific power of attorney provisions if required for registration or enforcement
7. Language: Dual language provisions if the agreement is bilingual
1. Property Description Schedule: Detailed technical description of the property including certificates, boundaries, and maps
2. Title Documents: List and copies of relevant land certificates and title documents
3. Power of Attorney: Form of power of attorney for registration purposes
4. Registration Forms: Standard forms required for mortgage registration with the land office
5. Underlying Credit Agreement: Summary or copy of the credit agreement being secured
6. Insurance Requirements: Detailed insurance requirements and approved insurers
7. Property Valuation: Independent valuation report of the mortgaged property
Authors
Banking & Financial Services
Real Estate
Property Development
Construction
Industrial Manufacturing
Agriculture
Hospitality & Tourism
Commercial Real Estate
Infrastructure Development
Mining
Legal
Real Estate
Finance
Risk Management
Compliance
Credit Administration
Corporate Secretarial
Property Management
Investment
Operations
Chief Legal Officer
Legal Counsel
Property Manager
Real Estate Director
Credit Manager
Risk Manager
Chief Financial Officer
Corporate Secretary
Compliance Officer
Property Development Manager
Investment Manager
Bank Manager
Loan Officer
General Counsel
Real Estate Attorney
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