A Property Collateral Agreement serves as a crucial security document in lending transactions across the United States. This agreement is typically used when a borrower needs to pledge specific property as security for a loan or other obligation. The document creates a legally enforceable security interest in the collateral property, providing the lender with rights and remedies in case of default. The agreement must comply with both federal regulations and state-specific property laws, particularly the Uniform Commercial Code. Property Collateral Agreements are essential in various contexts, from simple bilateral loans to complex syndicated financing arrangements, and can cover both real and personal property.
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1. Parties: Identification of lender and borrower/grantor
2. Background: Context of the agreement and underlying obligation
3. Definitions: Key terms used throughout the agreement
4. Grant of Security Interest: Formal creation of security interest in collateral
5. Description of Collateral: Detailed description of property serving as collateral
6. Representations and Warranties: Statements about ownership and condition of collateral
7. Covenants: Ongoing obligations regarding maintenance and use of collateral
8. Default Provisions: Events of default and remedies
1. Insurance Requirements: Specific insurance coverage requirements for valuable physical assets
2. Third Party Consents: Provisions regarding required third-party approvals when collateral involves third-party rights
3. Priority Provisions: Provisions addressing ranking of security interests when multiple security interests exist
1. Schedule A - Property Description: Detailed legal description of collateral property
2. Schedule B - Permitted Liens: List of pre-existing liens or encumbrances
3. Schedule C - Filing Locations: List of jurisdictions where security interest must be recorded
4. Appendix 1 - Form of Notice: Standard form for required notices under agreement
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