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Loans from banks or other institutional lenders are always made using a number of documents, two of which are a promissory and security agreement. In general, the promissory note is your written promise to repay the loan and a security agreement is used when collateral is given for the loan.
In a secured loan, the lender has a legal claim against a borrower's assets. If the borrower defaults, the lender can convert the assets to cash to be repaid. The assets in a secured loan are referred to as collateral. Different types of loans are typically secured by different types of assets.
A security interest exists when a borrower enters into a contract that allows the lender or secured party to take collateral that the borrower owns in the event that the borrower cannot pay back the loan. The term security interest is often used interchangeably with the term lien in the United States.
A 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.
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.
What can be used as loan security? Your home, vehicle or another asset of value, such as jewellery, could all possibly be used as security against a loan. Property is the asset that is most commonly used as loan security.
The Lender agrees to lend to the Borrower and the Borrower agrees to borrow from the Lender for the purposes specified in Article 2 hereof and on the terms and conditions contained herein, a sum not exceeding Rs. _____/-_ (Rupees __________________________ only). The said sum is hereinafter referred to as ?the Loan?.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.