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Text File | 1993-01-30 | 6.2 KB | 161 lines | [TEXT/MCS ] |
- UNIFORM COMMERCIAL CODE - SECURITY AGREEMENT
-
-
- Debtor:
-
- [NAME]
-
- [ADDRESS]
- Residence:
-
- Business:
-
- Secured Party:
-
- [NAME]
-
- [ADDRESS]
-
-
- Debtor, for consideration, hereby grants to Secured Party a
- security interest in the following property and any and all
- additions, accessions and substitutions thereto or therefor
- (hereinafter called the "COLLATERAL"):
-
-
-
-
- To secure payment of the indebtedness evidenced by ________
- certain promissory note ______of even date herewith, payable to
- the Secured Party, or order, as follows:
-
-
-
- DEBTOR EXPRESSLY WARRANTS AND COVENANTS:
-
-
- 1. That except for the security interest granted hereby Debtor
- is, or to the extent that this agreement states that the
- Collateral is to be acquired after the date hereof, will, be the
- owner of the Collateral free from any adverse lien, security
- interest or encumbrances; and that Debtor will defend the
- Collateral against all claims and demands of all persons at
- anytime claiming the same or any interest therein.
-
- 2. The Collateral is used or bought primarily for: (choose
- one)
- Personal, family or household purposes:
- Use in farming operations;
- Use in business.
-
- 3. That Debtor's residence is as stated above, and the
- Collateral will be kept at [COMPLETE ADDRESS].
-
- 4. If any of the Collateral is crops, oil, gas, or minerals
- to be extracted or timber to be cut, or goods which are or are to
- become fixtures, said Collateral concerns the following described
- real estate situate in the County of [COUNTY] and State of
- [STATE], to wit:
-
-
-
-
- 5. Promptly to notify Secured party of any change in the
- location of the Collateral.
-
- 6. To pay all taxes and assessments of every nature which may
- be levied or assessed against the Collateral.
-
- 7. Not to permit or allow any adverse lien, security interest
- or encumbrance whatsoever upon the Collateral and not to permit
- the same to be attached or replevined.
-
- 8. That the Collateral is in good condition, and that he
- will, at his own expense, keep the same in good condition and from
- time to time, forthwith, replace and repair all such parts of the
- Collateral as may be broken, worn out, or damaged without allowing
- any lien to be created upon the Collateral on account of such
- replacement or repairs, and that the Secured Party may examine and
- inspect the Collateral at any time, wherever located.
-
- 9. That he will not use the Collateral in violation of any
- applicable statutes, regulations or ordinances.
-
- 10. The Debtor will keep the Collateral at all times insured
- against risks of loss or damage by fire (including so-called
- extended coverage), theft, and such other casualties as the
- Secured Party may reasonably require, including collision in the
- case of any motor vehicle, all in such amounts, under such forms
- of policies, upon such terms, for such periods, and written b such
- companies or underwriters as the Secured Party may approve, losses
- in all cases to be payable to the Secured Party and the Debtor as
- their interest may appear. All policies of insurance shall provide
- for at least ten days' prior written notice of cancellation to the
- Secured Party; and the Debtor shall furnish the Secured Party with
- certificates of such insurance or other evidence satisfactory to
- the Secured Party as to compliance with the provisions of this
- paragraph. The Secured Party may act as attorney for the Debtor in
- making, adjusting and settling claims under or cancelling such
- insurance and endorsing the Debtor's name on any drafts drawn by
- insurers of the Collateral.
-
- UNTIL DEFAULT Debtor may have possession of the Collateral and
- use it in any lawful manner, and upon default Secured Party shall
- have the immediate right to the possession of the Collateral.
-
- DEBTOR SHALL BE IN DEFAULT under this agreement upon the
- happening of any of the following events or conditions:
-
- (a) default in the payment or performance of any obligation,
- covenant or liability contained or referred to herein or in any
- note evidencing the same;
- (b) the making or furnishing of any warranty , representation
- or statement to the Secured Party by or on behalf of Debtor which
- proves to have been false in any material respect when made or
- furnished.
- (c) loss, theft, damage, destruction, sale or encumbrance to
- or any of the Collateral, or the making of any levy seizure or
- attachment thereof or thereon;
- (d) death, dissolution, termination or existence, insolvency,
- business failure, appointment of a receiver of any part of the
- property of, assignment for the benefit of creditors by, or the
- commencement of any proceeding under any bankruptcy or insolvency
- laws of, by or against Debtor or any guarantor or surety for
- debtor.
-
- UPON SUCH DEFAULT and at any time thereafter, or if it deems
- itself insecure, Secured Party may declare all Obligations secured
- hereby immediately due and payable and shall have the remedies of
- applicable State law. Secured Party may require Debtor to
- assemble the Collateral and deliver or make it available to
- Secured Party at a place to be designated by Secured Party which
- is reasonably convenient to both parties. Expenses of retaking,
- holding, preparing for sale, selling or the like shall include
- Secured Party's reasonable attorney's fees and legal expenses.
- No waiver by Secured Party of any default shall operate as a
- waiver of any other default or of the same default on a future
- occasion. The taking of this security agreement shall not waive or
- impair any other security said Secured Party may have or hereafter
- acquire for the payment of the above indebtedness, nor shall the
- taking of any such additional security waive or impair this
- security agreement; but said Secured Party may resort to any
- security it may have in the order it may deem proper, and
- notwithstanding any collateral security, Secured Party shall
- retain its rights of set-off against Debtor.
-
- All fights of Secured Party hereunder shall inure to the
- benefit of its successors and assigns; and all promises and duties
- of Debtor shall bind his heirs, executors or administrators or his
- or its successors or assigns. If there be more than one Debtor,
- their liabilities hereunder shall be joint and several.
-
- Date this XX day of [MONTH], 19XX.
-
- Debtor: Secured Party:
-
-
- ___________________________________________ ____________________________________
-
- ___________________________________________ ____________________________________
-
-