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Summary: Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).
The lender should describe the collateral in the security agreement by type, category or a specific listing. A generic ?all assets? description is not sufficient for purposes of the security agreement.
What is a General Security Agreement? A GSA is a contract signed between two parties, a borrower and a lender. The GSA protects the lender by creating a security interest in all or some of the assets of the borrower. In sum, the GSA outlines the terms and conditions of the loan, and lists the assets used for security.
List out the specific responsibilities of each party to the contract. Specifically define what ??providing a secure environment?? means. Outline expectations for maintaining confidentiality. Clarify how any potential security breaches will be addressed. Make sure to include language that is legally binding.
Creating a security agreement Some key provisions in a security agreement include: Describing the collateral as accurately and as detailed as possible, so both the borrower and the lender agree upon the secured property. How to determine whether and when the borrower is in default under the loan.
Related Content. Also known as security documents. The loan documents in a secured loan transaction which secure the borrower's obligations to the lender under the loan agreement.
Security Documents means the Security Agreement, the Mortgages, the Intellectual Property Security Agreement, the Pledge Agreement, the Facility Guarantee, and each other security agreement or other instrument or document executed and delivered pursuant to this Agreement or any other Loan Document that creates a Lien ...