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Hear this out loud PauseA type of security interest in which a lender takes possession of personal property as security for an obligation. The personal property involved is also called a pledge.
Under the UCC, a pledge agreement is a security agreement. The nature of the pledged assets means that a pledge agreement may contain different representations and warranties and covenants than a security agreement over business assets (for example, voting rights).
Hear this out loud PauseThe security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.
Hear this out loud PauseA type of security: the delivery of possession of an asset as security until payment. Possession may be actual or constructive, for example, handing over the keys to the store where the pledged goods are kept. Ownership remains with the pledgor.
Under a security deed, the lender is automatically able to foreclose or sell the property when the borrower defaults. Foreclosing on a mortgage, on the other hand, involves additional paperwork and legal requirements, thus extending the process.
At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.
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.
Hear this out loud PauseA security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.