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TEMPLATE Contract For Secured Loan
TEMPLATE Contract For Secured Loan
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1. LOAN
Any default or delay in payment will bear a penalty interest of [3% per month]
based on the total amount due, computed from the due date thereof until full
payment, which will be added on each unpaid installment from due date thereof
until fully paid
3. PREPAYMENT
The BORROWER may prepay the Loan in whole or in part at any time without
penalty with the LENDER’s written consent..Any prepayment will first be applied
to the interest and then to the unpaid balance of the Loan.
4. STATUS
The Loan will rank on equal footing at all times with all other present, unsecured
and unsubordinated obligations of the BORROWER except for obligations which
may be preferred by mandatory provisions of law.
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The BORROWER will not do any act which may prejudice the LENDER’s rights
or give to any of the BORROWER’s creditors priority over the LENDER’s rights.
All taxes, fees, charges and other expenses arising from the execution of the
Contract and the Parties’ performance of their respective obligations will be for the
BORROWER's account.
6. EVENTS OF DEFAULT
a. Breach of obligation
The BORROWER fails to comply with any obligation under the Contract $
{GRACEPERIODPHRASE}
b. Breach of warranty
c. Cross Default
d. Insolvency
e. Cessation of Business
f. Enforcement Proceedings
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g. Legal Proceedings
h. Transfer of Assets
i. Expropriation
j. Illegality
If any Event of Default will occur the LENDER may, by written notice to the
BORROWER, declare the whole of the Loan and all fees payable hereunder to be
immediately due without further demand or other legal formality of any kind from
the LENDER.
The LENDER will also be entitled to exercise all rights, powers and remedies as
the LENDER may be entitled to under any relevant laws and equity.
The LENDER may adopt any other legal and convenient actions to protect his
interests. The foregoing provisions will not prejudice the LENDER’s right to
proceed against all persons and entities who may subsidiarily or secondarily be
liable to the LENDER.
7. SECURITY
As security for all of the BORROWER's obligations and liabilities to the LENDER
under the Contract, the BORROWER conveys unto the LENDER as collateral all
of the rights, title and interest to the property/s particularly described below (the
“Security”):
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The BORROWER agrees to take such additional actions as may be necessary or
advisable, at the LENDER’s reasonable request, to perfect and continue the
LENDER's security interest for the Contract.
The Parties represent and warrant that each has full power and legal capacity to
enter into the Contract and perform their obligations hereunder.
9. INDEMNITY
The Contract will take effect upon signing by all the Parties and will remain
effective until the full repayment of the Loan and any accrued interest by the
BORROWER to the LENDER’s satisfaction.
The Contract will be governed and construed in accordance with the laws of the
Philippines.
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12. GENERAL PROVISIONS
a. Binding Agreement
The Contract will inure to the benefit of and be binding upon the Parties’
respective successors and assigns. Nothing in the Contract is intended to
confer upon any third party any rights, remedies, obligations, or liabilities
under the Contract except as expressly provided herein.
b. Assignment
The Parties may assign their respective rights and obligations under the
Contract only with the other Party’s written consent.
c. Entire Agreement
The Contract constitutes the whole agreement between the Parties and
supersedes any previous agreements between them relating to the subject
matter hereof.
d. Severability
e. Delays or Omissions
f. Notices
Notices required to be served under the Contract will be in writing and sent
to the Party’s address indicated in the Contract or to such other address
designated in writing by the Party to whom the notice is to be given.
g. Counterparts
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h. Titles and Subtitles
The titles and subtitles used in the Contract are for convenience only and are
not to be considered in interpreting the Contract.
i. Cooperation
The BORROWER will cooperate with the LENDER, and execute and
deliver any instruments, and take all actions as the LENDER may
reasonably request the BORROWER to take from time to time, consistent
with the Contract, to effectuate the provisions and purposes of the Contract.
Date: _________________
Name: .[Michael Rodriguez]
Title: ______________________
LENDER
Date: _________________
Name: .[Juan dela Cruz]
Title: ______________________
BORROWER