Secured Loan Agreement for the United States

Secured Loan Agreement Template for United States

A Secured Loan Agreement is a legally binding contract under U.S. law that establishes the terms and conditions of a loan backed by specific collateral. The agreement details the loan amount, interest rate, repayment terms, and the security interest granted to the lender over the borrower's assets. It incorporates provisions governed by the Uniform Commercial Code (UCC) and relevant state laws, including detailed descriptions of the collateral, representations and warranties, covenants, and default provisions.

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What is a Secured Loan Agreement?

A Secured Loan Agreement is utilized when a lender provides financing to a borrower with specific assets pledged as collateral. This document is essential in U.S. commercial lending transactions where the lender requires security for the loan amount. The agreement must comply with federal regulations, including the UCC, and state-specific secured transaction laws. It typically includes detailed provisions about the collateral, perfection of security interests, borrower obligations, and enforcement rights upon default. The secured nature of the loan often results in more favorable interest rates for borrowers compared to unsecured loans.

What sections should be included in a Secured Loan Agreement?

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

2. Background: Explains context of loan and intention of parties to enter into secured lending arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Terms: Specifies principal amount, interest rate, payment schedule, and term of loan

5. Security Interest: Describes collateral and grants security interest to lender

6. Representations and Warranties: Borrower's statements about their legal status and collateral

7. Covenants: Ongoing obligations of borrower during loan term

8. Events of Default: Circumstances constituting default and consequences

9. Remedies: Lender's rights upon default

What sections are optional to include in a Secured Loan Agreement?

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

2. Guaranty Provisions: Terms of any third-party guarantees when loan includes personal or corporate guarantors

3. Cross-Default Provisions: Links default under this agreement to other agreements when borrower has multiple loans

4. Financial Covenants: Specific financial metrics borrower must maintain for business loans with performance requirements

What schedules should be included in a Secured Loan Agreement?

1. Schedule of Collateral: Detailed description of all assets serving as collateral

2. Payment Schedule: Amortization table showing payment dates and amounts

3. UCC Financing Statements: Forms for recording security interest

4. Insurance Certificates: Proof of required insurance coverage

5. Guaranty Agreements: Separate agreements from guarantors if applicable

6. Security Agreement: Detailed terms of security arrangement if separate from main agreement

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
Relevant legal definitions
Industries

Uniform Commercial Code (UCC) - Article 9: Primary federal law governing secured transactions, including creation and perfection of security interests in personal property

Truth in Lending Act (TILA): Federal law requiring disclosure of key terms and costs in consumer credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance participation

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Consumer Credit Protection Act: Federal law providing a comprehensive framework for consumer credit rights and responsibilities

Dodd-Frank Act: Federal law implementing financial regulatory reform and consumer protection measures in response to the 2008 financial crisis

State UCC Adaptations: State-specific variations and implementations of the Uniform Commercial Code

State Usury Laws: State-specific regulations governing maximum interest rates and loan charges

State Consumer Protection Laws: State-specific regulations protecting consumers in credit transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate lending processes and settlement procedures when real property is used as collateral

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer lending practices and protections

SEC Regulations: Securities and Exchange Commission regulations applicable to certain business loans and securities-backed lending

Bankruptcy Code: Federal laws governing bankruptcy proceedings and creditor rights in bankruptcy

Fair Debt Collection Practices Act: Federal law regulating the conduct of debt collectors and protecting borrowers from abusive collection practices

E-SIGN Act: Federal law governing the validity and enforceability of electronic signatures and records in lending transactions

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

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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