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The Mortgage Contract Agreement is a fundamental document in Belgian property financing, used when a lender provides funding for property purchase or refinancing secured against real estate. This document, governed by Belgian law, must be executed before a notary and registered with the Land Registry to be legally effective. It contains detailed provisions about the loan amount, interest rates, repayment terms, and the specific property being mortgaged. The agreement must comply with Belgian consumer protection laws, financial regulations, and EU directives, particularly when the borrower is a consumer. Given Belgium's unique legal requirements, the document must be carefully structured to include all mandatory provisions required by Belgian law while protecting both lender and borrower interests. The agreement is essential for both residential and commercial property transactions and forms the basis for the lender's security interest in the property.

1. Parties: Identification of the lender, borrower(s), and any other relevant parties with their complete details as required by Belgian law

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

3. Definitions: Definitions of key terms used throughout the agreement

4. The Loan: Details of the loan amount, purpose, and basic terms

5. Property Details: Comprehensive description of the mortgaged property, including cadastral references as required by Belgian law

6. Security Interest: Creation and terms of the mortgage security interest over the property

7. Loan Terms and Repayment: Detailed payment obligations, interest rates, and repayment schedule

8. Interest Calculation: Method of interest calculation and applicable rates

9. Borrower's Representations and Warranties: Confirmations and guarantees provided by the borrower

10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and tax payments

11. Lender's Rights: Rights of the lender including inspection and enforcement rights

12. Events of Default: Circumstances constituting default and consequences

13. Enforcement: Procedures and rights for enforcement in case of default

14. Costs and Expenses: Allocation of costs including notary fees, registration costs, and taxes

15. Notices: Communication requirements and contact details

16. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

17. Execution: Signature requirements and notarial acknowledgment