A Loan Agreement Secured By Property is essential when lending money with property serving as collateral. This document is commonly used in the United States for both residential and commercial transactions, requiring compliance with federal regulations such as TILA and RESPA, as well as state-specific property laws. The agreement protects both lender and borrower by clearly defining loan terms, security arrangements, default conditions, and remedies. It's particularly important for financial institutions, real estate transactions, and business financing where property serves as security for the loan.
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1. Parties: Identifies lender and borrower with full legal names and addresses
2. Background: Explains context of loan and security arrangement
3. Definitions: Defines key terms used throughout agreement
4. Loan Amount and Terms: Specifies principal amount, interest rate, and repayment terms
5. Security Interest: Details property serving as collateral and security arrangement
6. Representations and Warranties: Statements of fact by borrower regarding property and financial condition
7. Events of Default: Defines circumstances constituting default
8. Remedies: Lender's rights upon default
1. Insurance Requirements: Details required property insurance when lender requires specific insurance coverage
2. Property Maintenance: Requirements for maintaining secured property, typically included for long-term loans secured by real property
3. Prepayment Provisions: Terms for early loan repayment, included when early repayment penalties or options apply
1. Property Description Schedule: Detailed legal description of secured property
2. Payment Schedule: Amortization table or payment terms
3. Insurance Schedule: Details of required insurance coverage
4. Property Title Documents: Copies of relevant title documentation
5. UCC Financing Statements: Required UCC filings for security interest
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