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The Mortgage Loan Agreement serves as the primary legal document for property financing transactions in Switzerland, establishing the contractual relationship between lenders and borrowers. This document is essential when an individual or entity seeks to finance real estate purchases or leverage existing property assets. The agreement must comply with Swiss federal and cantonal laws, including the Swiss Civil Code (ZGB) and Banking Act, while incorporating FINMA regulatory requirements for mortgage lending. A properly structured Mortgage Loan Agreement includes comprehensive details about the loan terms, security arrangements, borrower obligations, and enforcement rights, providing clear guidelines for the entire duration of the lending relationship. It's particularly important in Switzerland's robust real estate market, where mortgage lending is a significant component of banking activities and requires careful documentation to protect all parties' interests.

1. Parties: Identification of the lender (typically a Swiss bank) and borrower(s), including full legal names and addresses

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

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

4. Loan Details: Principal amount, currency, purpose, and term of the loan

5. Interest: Interest rate (fixed or variable), calculation method, payment frequency, and adjustment mechanisms

6. Repayment Terms: Amortization schedule, payment amounts, frequency, and method of payment

7. Security: Details of the mortgage security, property description, and ranking of the security

8. Representations and Warranties: Borrower's confirmations regarding their status, property ownership, and ability to enter into the agreement

9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and financial covenants

10. Events of Default: Circumstances constituting default and the lender's rights upon default

11. Lender's Rights and Remedies: Actions the lender can take in case of default or breach

12. Costs and Expenses: Allocation of costs including registration fees, notary fees, and enforcement costs

13. Notices: How formal communications between parties should be made

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. Execution: Signature blocks and execution requirements