GITHUKA Ken Loan Agreement

LOAN AGREEMENT.
I. THE PARTIES. This Loan Agreement (“Agreement”) made this 12th day of
August 2023 is between:
Borrower: Kennedy Mbiyu Githuka on behalf of Simon Methu Kiiru with a

mailing address of 2065 Brunswick St, Halifax, NS B3K 5T8, Canada
(“Borrower”) and agrees to borrow money from:
Lender: Indian Garden Farms (Glen Hebb)with a mailing address of 15401

Nova Scotia Trunk 3, Hebbville, NS B4V 6X7, Canada agrees to lend money to
the Borrower under the following terms:
II. LOAN AMOUNT. The total amount of money being borrowed from the Lender to
the Borrower is CAD$ 4800 (“Borrowed Money”). To aid in immigration of one
Simon Kiiru Methu, a foreign contracted employee with Indian Garden Farms.
III. INTEREST RATE. The Borrowed Money shall: (check one)
☐ - Bear Interest. The Borrowed Money shall bear interest at a rate of

[#]% compounded: (check one)
☐ - Annually
☐ - Monthly
☐ - Other: [OTHER]
✓- NOT Bear Interest. There shall be no interest associated with the

Borrowed Money. The Borrower’s only obligation to the Lender is to repay
the principal balance.
IV. TERM. The total amount of the Borrowed Money, including principal and interest,
shall be due and payable on 5th January 2024 (“Due Date”).
V. PAYMENTS. The Borrower agrees to repay the Borrowed Money to the Lender
under the following payment schedule: (check one)
☐ - Weekly Payments. The Borrower agrees to repay the Lender a

payment of $[AMOUNT] on the [DAY] of each week until the Due Date.
✓ - Monthly Payments. The Borrower agrees to repay the Lender a

payment of CAD $ 1200 on the 6th [DAY] of each month until the Due
Date.
☐ - Lump Sum. The Borrower agrees to repay the Lender, in full, on the
Due Date.
☐ - Other. [OTHER]
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Hereinafter known as the “Payment Schedule.” All payments made by the
Borrower shall be first applied to any accrued interest and second to the principal
balance.
VI. LATE PAYMENT. If the Borrower is late by more than [10] days for any payment
due, it shall be considered late. If a payment is late, the Borrower shall be: (check
one)
✓- Charged a Late Fee. The Borrower shall be charged a late fee equal to:
CAD$ 100
☐ - Not Charged a Late Fee. The Borrower shall not be charged a late fee.
VII. PREPAYMENT. If the Borrower makes a payment prior to the Due Date, there
shall be: (check one)
☐ - A Prepayment Penalty. If the Borrower makes a payment prior to the

Due Date, then there shall be a prepayment penalty of: (check one)
☐ - Interest payments due as if the prepayments were not made.
☐ - Other: [OTHER]
✓- No Prepayment Penalty. If the Borrower makes a payment prior to

the Due Date, then there shall be no prepayment penalty of any kind.
VIII. SECURITY. As part of this Agreement, the Borrower agrees to: (check one)
☐ - Pledge Security. The Borrower agrees to secure this Agreement by

pledging the following collateral: [DESCRIBE] (“Security”).
In the event the Borrower defaults under this Agreement, the Lender shall
obtain possession of the Collateral: (check one)
☐ - In its entirety and without discount to the amount owed.
☐ - Equal to the amount owed of which a sale may be required.
✓ - Not Pledge Security. This Agreement shall not be secured by any

property or asset of the Borrower. But risk being reported to the Authorities
as agreed by the two parties in this agreement.
IX. REMEDIES. No delay or omission on part of the holder of this Agreement in

exercising any right hereunder shall operate as a waiver of any such right or of
any other right of such holder, nor shall any delay, omission, or waiver on any
one occasion be deemed a bar to or waiver of the same or any other right on any
future occasion. The rights and remedies of the Lender shall be cumulative and
may be pursued singly, successively, or together, at the sole discretion of the
Lender.
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X. ACCELERATION. The Lender shall have the right to declare the Borrowed
Money to be immediately due and payable, including interest owed, if any of the
events are to occur:
a. Late Payment. If any payment is late that is due under the Payment
Schedule of more than 15 days;
b. Default. If the Borrower should default on any of the conditions of this
Agreement; or
c. Security. If assets or property that are pledged as Security as part of this
Agreement are transferred or sold.
XI. SUBORDINATION. The Borrower’s obligations under this Agreement are

subordinated to all indebtedness, if any, of the Borrower, to any unrelated
third-party lender to the extent such indebtedness is outstanding on the date of
this Agreement and such subordination is required under the loan documents
providing for such indebtedness.
XII. WAIVERS BY BORROWER. All parties to this Agreement, including the

Borrower and any sureties, endorsers, and guarantors, hereby waive protest,
presentment, a notice of dishonor, and a notice of acceleration of maturity and
agree to continue to remain bound for the payment of principal, interest and all
other sums due under this Agreement notwithstanding any change or changes by
way of release, surrender, exchange, modification or substitution of any security
for this Agreement or by way of any extension or extensions of time for the
payment of principal and interest; and all such parties waive all and every kind of
notice of such change or changes and agree that the same may be made without
notice or consent of any of them.
XIII. DISPUTES. In the event any payment under this Agreement is not paid when
due, the Borrower agrees to pay, in addition to the principal and interest
hereunder, reasonable attorney’s fees not exceeding a sum equal to the
maximum usury rate in the state of Governing Law of the then outstanding
balance owing on the Borrowed Amount, plus all other reasonable expenses
incurred by Lender in exercising any of its rights and remedies upon default.
XIV. SEVERABILITY. If any provision of this Agreement or the application thereof

shall, for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other persons,
entities, or circumstances shall be affected, thereby, but instead shall be enforced
to the maximum extent permitted by law.
XV. GOVERNING LAW. This Agreement shall be construed and governed by the
laws located in the province of Nova Scotia Canada.
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XVI. SUCCESSORS. All of the foregoing is the promise of Borrower and shall bind
Borrower and Borrower’s successors, heirs, and assigns; provided, however, that
Lender may not assign any of its rights or delegate any of its obligations
hereunder without the prior written consent of the holder of this Agreement.
XVII. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the
parties relating to its subject matter, including any attachments or addendums.
This Agreement replaces all previous discussions, understandings, and oral
agreements. The Borrower and Lender agree to the terms and conditions and
shall be bound until the Borrowed Amount is repaid in full.
IN WITNESS WHEREOF, Borrower and Lender have executed this Agreement as of

the day and year first above written.
Borrower’s Signature: _____________________ Date: 12/08/2023

Print Name: KENNEDY MBIYU GITHUKA
Lender’s Signature: Date: 12/08/2023.

Print Name: Jean Pamela Donellan
GUARANTOR (IF APPLICABLE)
The Guarantor, known as [GUARANTOR'S NAME], agrees to be liable and pay the
Borrowed Amount, including principal and interest, in the event of the Borrower’s
default. The Guarantor agrees to be personally liable under the terms and obligations of
the Borrower in this Agreement.
Guarantor’s Signature: _____________________ Date: _____________

Print Name: _____________________
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LOAN AGREEMENT.

Borrower: Kennedy Mbiyu Githuka on behalf of Simon Methu Kiiru with a

Lender: Indian Garden Farms (Glen Hebb)with a mailing address of 15401

III. INTEREST RATE. The Borrowed Money shall: (check one)

☐ - Bear Interest. The Borrowed Money shall bear interest at a rate of

✓- NOT Bear Interest. There shall be no interest associated with the

☐ - Weekly Payments. The Borrower agrees to repay the Lender a

✓ - Monthly Payments. The Borrower agrees to repay the Lender a

☐ - A Prepayment Penalty. If the Borrower makes a payment prior to the

✓- No Prepayment Penalty. If the Borrower makes a payment prior to

☐ - Pledge Security. The Borrower agrees to secure this Agreement by

✓ - Not Pledge Security. This Agreement shall not be secured by any

IX. REMEDIES. No delay or omission on part of the holder of this Agreement in

XI. SUBORDINATION. The Borrower’s obligations under this Agreement are

XII. WAIVERS BY BORROWER. All parties to this Agreement, including the

XIV. SEVERABILITY. If any provision of this Agreement or the application thereof

IN WITNESS WHEREOF, Borrower and Lender have executed this Agreement as of

Borrower’s Signature: _____________________ Date: 12/08/2023

Lender’s Signature: Date: 12/08/2023.

GUARANTOR (IF APPLICABLE)

Guarantor’s Signature: _____________________ Date: _____________

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