Loan With Collateral Agreement for the United States

Loan With Collateral Agreement Template for United States

A Loan With Collateral Agreement is a legally binding document used in the United States that establishes the terms and conditions of a secured loan. The agreement details the loan amount, interest rate, repayment terms, and specifically describes the collateral being pledged as security. It complies with federal regulations including the Truth in Lending Act and Uniform Commercial Code Article 9, while also adhering to state-specific lending and security interest laws.

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What is a Loan With Collateral Agreement?

The Loan With Collateral Agreement serves as a critical document in secured lending transactions within the United States. It is used when a borrower needs to obtain financing while providing specific assets as security for the loan. The agreement ensures compliance with federal regulations such as TILA and UCC Article 9, while incorporating state-specific requirements for security interests and usury laws. This document typically includes detailed descriptions of the collateral, creation of security interests, repayment terms, default provisions, and remedies available to the lender. It's particularly important for protecting the lender's interests while providing clear terms to the borrower regarding their obligations and the potential consequences of default.

What sections should be included in a Loan With Collateral Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan and purpose

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms

5. Collateral Description: Detailed description of assets securing the loan

6. Security Interest: Creation and perfection of security interest in collateral

7. Repayment Terms: Payment schedule, method, and conditions

8. Default Provisions: Events of default and remedies

9. Representations and Warranties: Statements of fact by borrower regarding their situation and the collateral

What sections are optional to include in a Loan With Collateral Agreement?

1. Insurance Requirements: Required insurance coverage for collateral when specific protection is needed

2. Guaranty Provisions: Terms of any third-party guarantees when personal or corporate guarantees are included

3. Prepayment Terms: Conditions and penalties for early repayment when such terms apply

What schedules should be included in a Loan With Collateral Agreement?

1. Schedule A - Collateral Description: Detailed inventory or description of collateral items

2. Schedule B - Payment Schedule: Amortization table or payment timeline

3. Schedule C - UCC Filing Information: Details required for UCC-1 financing statement

4. Appendix A - Insurance Requirements: Specific insurance requirements for collateral

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of key terms and costs in lending agreements, including specific regulations on how interest rates and fees must be disclosed to borrowers

Uniform Commercial Code (UCC) Article 9: Federal commercial code governing secured transactions, providing comprehensive rules for creation, perfection, and enforcement of security interests in collateral

Federal Trade Commission Act: Federal legislation that prohibits unfair or deceptive practices in lending activities and protects consumers from predatory lending practices

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending based on protected characteristics such as race, color, religion, national origin, sex, marital status, or age

State Usury Laws: State-specific regulations that govern maximum allowable interest rates and establish penalties for violations of these rate caps

State UCC Variations: State-specific modifications and interpretations of the Uniform Commercial Code that may affect secured transactions within that jurisdiction

State Consumer Protection Laws: State-level regulations providing additional disclosure requirements and specific consumer rights in lending transactions

State Security Interest Laws: State-specific requirements for perfecting security interests and filing requirements for secured transactions

Dodd-Frank Act: Federal legislation providing additional consumer protection measures and regulatory requirements for financial institutions in lending practices

Fair Credit Reporting Act: Federal law governing the collection, dissemination, and use of consumer credit information in lending decisions

Bankruptcy Code: Federal laws affecting how secured interests and loans are treated in bankruptcy proceedings, including provisions for automatic stays and creditor rights

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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