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The Loan And Mortgage Agreement is a fundamental document in Belgian property financing, used when a lender provides funding for property acquisition or refinancing secured by a mortgage over real estate. This document serves dual purposes: it details the loan's financial terms while establishing the mortgage security interest. Under Belgian law, mortgages must be registered in the Land Registry and executed before a notary public. The agreement incorporates requirements from the Belgian Civil Code, the Mortgage Law of 1851, and Book VII of the Code of Economic Law, including consumer protection provisions where applicable. It's essential for both residential and commercial property transactions, requiring careful consideration of property valuation, insurance requirements, and registration procedures. The document typically includes comprehensive provisions for loan disbursement, repayment terms, borrower obligations, and enforcement rights in case of default.

1. Parties: Identification of the Lender, Borrower, and any guarantors with full legal details as required under Belgian law

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical financial and legal terms

4. Loan Terms: Principal amount, interest rate, term of loan, and repayment schedule

5. Interest and Fees: Detailed provisions on interest calculation, default interest, and associated fees

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

7. Mortgage Security: Creation and terms of the mortgage, including property description and secured obligations

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

9. Borrower Covenants: Ongoing obligations of the Borrower regarding property maintenance, insurance, and financial commitments

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

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

12. Insurance Requirements: Required property and life insurance coverage

13. Costs and Expenses: Allocation of legal fees, registration costs, and other expenses

14. Notices: Communication procedures between parties

15. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts