Loan Agreement
Loan Agreement
Loan Agreement
2. DEFINITIONS
The following terms, including abbreviations, legal phraseology, acronyms, and specific words or phrases are
sometimes used in this Agreement, and carry specific meanings as defined in this section. Terms used within this
agreement will be presumed to be understood, and Parties agree to look up or consult with legal counsel to obtain full
understanding of all terms, even terms not listed in this section.
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3. PARTIES
The Lender and the Borrower, defined below, and sometimes referred to in this document as “Parties”, intend to enter
into this legally binding Painting Contract, hereafter sometimes referred to as “Agreement”, on this ________ day of
__________________, 20 ____, sometimes referred to in this document as “Effective Date.”
Shall be known within this Agreement as “Lender,” and is the party issuing the loan in exchange for interest payment
made by the other Party.
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Shall be known within this Agreement as “Borrower,” and is the party issuing interest payment, in exchange for a loan.
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4. PROVISIONS OF THE LOAN
The total principal amount of the loan is ______________________________________________________[numerical],
____________________________________________________________________________________________[text];
The Interest Rate of the loan is ______________________________%, and each payment of the loan shall include
interest according to the following terms:
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And the loan amount plus interest rate shall be paid _________ per month over _______________ months, hereafter
“Payments”, on the _____________________________[day(s)] of the month (“Payment Date”), with the per-payment
amount of:_______________________________[numeric] ____________________________________________[text].
5. LATE PAYMENTS
[ ] In the case that a Payment is made more than ________ days but less than ______ days after the Payment Date,
an additional late fee shall be due of _______________________;
And in the case that a Payment is made more than ________ days but less than ______ days after the Payment Date,
an additional late fee shall be due of _______________________;
And in the case that a Payment is made more than ________ days but less than ______ days after the Payment Date,
an additional late fee shall be due of _______________________;
OR
6. REMEDIES
When Conditions of Default are met, the Lender may conduct any of the following remedies:
1.) Termination of the Agreement upon any notice required, and the Term will immediately become forfeited and
void.
2.) The Lender has the option to perform any obligation of this Agreement or Parent Agreements, on behalf of the
Borrower, and seek redress from the Borrower.
3.) The Lender may perform or cause to be performed collection, including hiring of collection agencies, and seek
collections from the Borrower.
The existence of any remedy listed above does not preclude the Lender from exercising any other remedy or specific
right whether allowed by law, or provided by equity, or expressly provided for in parent Agreements.
7. PREPAYMENT
The borrower will not be subject to any penalties or damages due to early pre-payment of the loan balance.
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8. NONWAIVER
Failure of Parties to insist upon strict performance of the terms, covenants, and conditions herein contained, or to
exercise rights implied or expressed within this Agreement shall not be deemed a waiver of any Parties’ rights or
remedies herein, or any prior or subsequent rights or remedies.
9. SEVERABILITY
Any provisions of this Agreement that are found invalid, void, or unenforceable by a court of law in the Governing
Jurisdiction shall not preclude other provisions from remaining in-force.
Any alterations or improvements must be made in compliance with the laws of the Governing Jurisdiction, and any
alterations or improvements which fail to comply with the laws of the Governing Jurisdiction shall not change the
enforceability of the remainder of provisions of this Agreement.
Parties agree that, in the course of settling any disputes arising from any provision within this Contract, if the contract
shall be read by entities within a court of law, that, if any part of this Contract is deemed unenforceable by law, then
Parties intend to reduce the Contract by the minimum amount necessary to make the remainder of the Contract’s parts
enforceable.
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If a dispute arises from this agreement and parties are unable to resolve their dispute, then both parties hereby agree
to seek mediation prior to filing a lawsuit. Mediator(s) should be a neutral third party which is mutually agreed upon
and chosen between both parties.
If either party initiates a lawsuit without attending mediation, then that party shall not be entitled to recovering
attorney fees and court costs even when otherwise entitled parties agreed to seek first mediation as a solution for any
disputes.
If both parties attend mediation and are unsuccessful in reaching a mutually agreeable resolution, then both parties
agree to attend legally binding arbitration. In this case, the arbitrator shall be mutually agreed upon by both parties and
be experienced in residential real estate law and shall include a written record of the arbitration hearing. By initialing
the spaces provided in both parties agree to attend arbitration if mediation is not successful. If both parties elect this
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arbitration clause and one party initiates a lawsuit without attending arbitration, then that party shall not be entitled to
recovering attorney’s fees and court costs even when otherwise entitled.
INITIALS _______ [Borrower] _______ [Lender]
Any terms, covenants, promises, and provisions, whether express or implied, are voided if contradicted by governing
law. Parties are not obliged to comply with any terms that violate any Governing law or cause any illegal action. If any
terms are voided due to governing law, this does not affect other terms of this agreement, and all other terms of the
agreement within reason shall remain in full effect.
13. EXECUTION
IN WITNESS WHEREOF, on this _______ day of ____________________, 20 _____, (Execution Date) Parties
undersigned intending to be legally bound, have caused their duly authorized officers to execute and deliver this
binding Contract, to any successors, executors, heirs, administrators, and assigns, between the Parties formed into a
legal agreement under the Governing Law, effective as of the day and year first written.
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