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Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.
A due on sale clause is a provision in a note, mortgage, or deed of trust whereby the entire outstanding debt becomes immediately due and payable at the creditor's option upon sale of the property acting as collateral for the loan.
Hypothecation occurs when an asset is pledged as collateral to secure a loan. The owner of the asset does not give up title, possession, or ownership rights, such as income generated by the asset.
A mortgage is a pledge of property to the lender as security of payment of the debt. The mortgagor is the borrower giving the pledge to the lender.
A secured loan is a loan in which the borrower pledges some asset (e.g. a car or property) as collateral for the loan, which then becomes a secured debt owed to the creditor who gives the loan.
Collateral documents include any documents granting a security interest in collateral by the borrower, parent or subsidiary in favor of the lender and all other documents required to be executed or delivered pursuant to those documents. Collateral documents do not include guaranties.
A guaranty agreement is a contract between two parties where one party agrees to pay a debt or perform a duty in the event that the original party fails to do so. The party who makes the guaranty is called the guarantor. An agreement of this nature is often used in real estate, insurance, or financial transactions.
Hypothecation. Hypothecation is another term for pledging collateral to secure or guarantee a loan or other debt obligation. The borrower, or hypothecator, pledges, or hypothecates, property to the lender. The creditor then has a non-possessory claim against the hypothecated assets.
Pledged collateral refers to assets that are used to secure a loan. The borrower pledges assets or property to the lender to guarantee or secure the loan.
A deed of trust, like a mortgage, pledges real property to secure a loan. This document is used instead of a mortgage in some states.