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Loan Agreement

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Loan Agreement

Each referred to as a “Party” and collectively as the “Parties”.

This Loan Agreement, hereinafter referred to as “Agreement”, is entered into and made effective
upon signature by both Parties. 

WHEREAS, the Lender agrees to lend to the Borrower [Insert Loan amount] and the Borrower owes the Lender [Insert Loan amount] (the "Loan") with interest on the unpaid Loan at the rate of [Insert rate of interest denoting a percentage] per annum, on [Insert date of which loan is being signed]; and

WHEREAS, the Borrower and the Lender desire to enter into an agreement whereby the Borrower shall pay the Lender the sum of the Loan and interest on a payment plan according to the terms and conditions herein:

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Borrower and the Lender covenant and agree as follows:

1. Loan Amount.

The Parties agree the Lender will loan the Borrower [Insert Loan amount].

2. Loan Acknowledgement:

The Borrower agrees and acknowledges that the Borrower owes the Lender an amount of money equal to the Loan as defined above. 

3. Representation and Warranty of Owing Party:

The Borrower hereby represents and warrants that this Agreement and the payment plan herein have been developed in a manner that the Borrower reasonably believes he can pay the Lender without further interruption notwithstanding an additional change in circumstances.

4. Payment Plan:

The Parties hereby agree to the payment plan (the "Plan") described as follows:

4.1 Installments: By this Agreement, it is agreed that a payment in the amount of [Insert amount] will be surrendered to the Lender annually/monthly/weekly/other on [Insert date/day] of each year/month/week/other.

4.1.1 The Borrower will continue to make payments according to this schedule until the total Loan and accrued interest is repaid on [Insert date] (“the Due Date”). 

4.1.2 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid. Or;

4.2 Lump Sum: By this Agreement, it is agreed that the Loan and accrued interest shall be payable in full on [Insert date].

4.2.1 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid. Or; 

4.3 Due on Demand: By this Agreement, it is agreed that the unpaid Loan and accrued interest shall be payable in full on any future date on which the Lender demands repayment.

4.3.1 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid.

5. Method of Payment: 

Payment shall be made to the Lender in accordance with the Plan via [Cash/Check/Money Order/Automatic Bank Withdrawal/Other]

5.1 The Borrower will make payment using this method unless prior written approval from the Lender allows otherwise.

6. Early Payoff:

The Borrower reserves the right to pay off any remaining amount due, in full, before the Due Date, with no prepayment penalty. If the entire amount is paid off by [Insert date by which the amount needs to be paid off to get a discount for early payment], the Borrower will receive a discount as follows: 

[Insert description of the discount the Borrower will receive for repaying the loan before the due date].

7. Security:

This Agreement is secured by the following collateral ("Collateral"):

[Insert description of the collateral that is being used to secure the loan]

7.1 Until this Loan is paid in full, the Borrower grants the Lender a security interest in the Collateral. The Borrower hereby agrees to list the Lender as a lender on the title of the Security, regardless of the Lender's choice to perfect the security interest.

7.2 If the Borrower defaults on this Agreement and does not make payment for [Insert number of days] after it is demanded by the Lender, the Collateral will revert to the Lender and all rights in the ownership of such Collateral will belong to the Lender.

8. Default:

The following events constitute default of this Agreement and upon their occurrence, the entirety of any remaining amount due shall become immediately payable:

8.1 Borrower's failure to pay the Principal Sum or any accrued interest when such payments are due;

8.2 Borrower's insolvency;

8.3 Borrower's death, incompetency; liquidation, or dissolution;

8.4 Borrower's making of a general assignment for the benefit of Borrower's creditors;

8.5 Borrower's filing of any bankruptcy proceedings;

8.6 Any application for the appointment of a receiver for the Borrower; or

8.7 Borrower's misrepresentation to the Lender for the purposes of obtaining this Agreement

9. Legal Fees.

In the event of a dispute resulting in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees, collection fees and the like.

10. Severability.

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

11. Waiver.

The failure by either Party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

12. Assignment:

The Lender may assign this Agreement with written notice to the Borrower. In the event of such assignment, the assignee may designate a new method of payment if desired.

13. Governing Law and Jurisdiction.

The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties reside/do business. In the event that the Parties reside/do business in different States and/or Countries, this Agreement shall be governed by [Insert State and/or Country] law.

14. Entire Agreement.

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

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1. Background: A Loan Agreement is a written promise from a lender to loan money to someone in exchange for the borrower's promise to repay the money lent as described by the Agreement.

What is a loan agreement?

A loan agreement is a contract between two parties detailing and formalizing a loan. This can be between friends and family or from one company to another.

It's primary function is to serve as written evidence of the amount of debt and the terms under which it will be repaid, including the rate of interest (if any). The agreement serves as a legal document that is enforceable in court creating obligations on the parts of both the borrower and the lender.

Though Loan Agreements are often referred to as IOUs or Promissory Notes, Loan Agreements are different than these documents in two key respects: 

- Loan Agreements are binding on both the borrower and the lender; and

- Loan Agreements are much more detailed and include extensive provisions about when and how the borrower will repay the loan and what sorts of penalties will be incurred if the borrower does not follow through with repayment.

- Loan Agreements are usually used when large sums of money are involved, such as student loans, mortgages, car loans, and business loans. For smaller and/or more informal loans, such as those between family and friends, a Promissory Note should be used.

This Agreement

sets out all of the terms and details of the loan, including the names and addresses of the borrower and lender, the amount of money being borrowed, how often payments will be made, the amount of the payments, and the signatures of the parties.

You can choose from several types of loans accessible within this form.

  • Installment Loan: The Borrower pays off the loan, plus interest (if any), by making payments over a set period of time, such as annually, monthly, or weekly.
  • Lump Sum Payment: The Borrower pays off the money borrowed, plus interest (if any), in one single payment due on a pre-agreed upon date.
  • Due on Demand: The Borrower pays off the money borrowed, plus interest (if any), in a single payment due at the time the Lender requests it.

Essential Elements:

There are a number of essential elements that must be present in order for your Loan Agreement to be enforceable in a court of law:

  • A Loan Agreement must be in writing so that a court can refer to the written record.
  • The Agreement must be a promise to pay money.
  • The Agreement must indicate a specific amount of money that will be paid. This does not apply to any interest that may be required. If an Agreement specifies an interest rate but does not include a specific amount, it is still valid.
  • The Borrower and Lender must both sign the Agreement
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