LOAN AGREEMENT 

I. THE PARTIES. This Loan Agreement (“Agreement”) made this  _____________________, 20____, is between: 

Borrower: _____________________ with a mailing address of  

__________________________________________ (“Borrower”) and  agrees to borrow money from: 

Lender: _____________________ with a mailing address of  

__________________________________________ and agrees to lend  money to the Borrower under the following terms: 

II. LOAN AMOUNT. The total amount of money being borrowed from the Lender to  the Borrower is $_____________________ (“Borrowed Money”). 

III. INTEREST RATE. The Borrowed Money shall: (check one) 

☐ - Bear Interest. The Borrowed Money shall bear interest at a rate of  ____% compounded: (check one) 

☐ - Annually

☐ - Monthly

☐ - Other: __________________________________________.

☐ - NOT Bear Interest. There shall be no interest associated with the  Borrowed Money. The Borrower’s only obligation to the Lender is to repay  the principal balance.

IV. TERM. The total amount of the Borrowed Money, including principal and interest,  shall be due and payable on _____________________, 20____ (“Due Date”). 

V. PAYMENTS. The Borrower agrees to repay the Borrowed Money to the Lender  under the following payment schedule: (check one)

☐ - Weekly Payments. The Borrower agrees to repay the Lender a  payment of $_____________________ on the _____________________  of each week until the Due Date. 

☐ - Monthly Payments. The Borrower agrees to repay the Lender a  payment of $_____________________ on the ____ of each month until  the Due Date. 

☐ - Lump Sum. The Borrower agrees to repay the Lender, in full, on the  Due Date.

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☐ - Other. __________________________________________.

Hereinafter known as the “Payment Schedule.” All payments made by the  Borrower shall be first applied to any accrued interest and second to the principal  balance.

VI. LATE PAYMENT. If the Borrower is late by more than ____ days for any  payment due, it shall be considered late. If a payment is late, the Borrower shall  be: (check one) 

☐ - Charged a Late Fee. The Borrower shall be charged a late fee equal to:  ______________________________________________________________ 

☐ - Not Charged a Late Fee. The Borrower shall not be charged a late fee.

VII. PREPAYMENT. If the Borrower makes a payment prior to the Due Date, there  shall be: (check one)

☐ - A Prepayment Penalty. If the Borrower makes a payment prior to the  Due Date, then there shall be a prepayment penalty of: (check one) ☐ - Interest payments due as if the prepayments were not made.

☐ - Other: __________________________________________.

☐ - No Prepayment Penalty. If the Borrower makes a payment prior to  the Due Date, then there shall be no prepayment penalty of any kind.

VIII. SECURITY. As part of this Agreement, the Borrower agrees to: (check one)

☐ - Pledge Security. The Borrower agrees to secure this Agreement by  pledging the following collateral: _________________________________ (“Security”).  

In the event the Borrower defaults under this Agreement, the Lender shall  obtain possession of the Collateral: (check one) 

☐ - In its entirety and without discount to the amount owed.

☐ - Equal to the amount owed of which a sale may be required.

☐ - Not Pledge Security. This Agreement shall not be secured by any  property or asset of the Borrower.

IX. REMEDIES. No delay or omission on part of the holder of this Agreement in  exercising any right hereunder shall operate as a waiver of any such right or of  any other right of such holder, nor shall any delay, omission, or waiver on any  one occasion be deemed a bar to or waiver of the same or any other right on any  future occasion. The rights and remedies of the Lender shall be cumulative and

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may be pursued singly, successively, or together, at the sole discretion of the  Lender. 

X. ACCELERATION. The Lender shall have the right to declare the Borrowed  Money to be immediately due and payable, including interest owed, if any of the  events are to occur: 

a. Late Payment. If any payment is late that is due under the Payment  Schedule of more than 15 days; 

b. Default. If the Borrower should default on any of the conditions of this  Agreement; or 

c. Security. If assets or property that are pledged as Security as part of this  Agreement are transferred or sold. 

XI. SUBORDINATION. The Borrower’s obligations under this Agreement are  subordinated to all indebtedness, if any, of the Borrower, to any unrelated third party lender to the extent such indebtedness is outstanding on the date of this  Agreement and such subordination is required under the loan documents  providing for such indebtedness. 

XII. WAIVERS BY BORROWER. All parties to this Agreement, including the  Borrower and any sureties, endorsers, and guarantors, hereby waive protest,  presentment, a notice of dishonor, and a notice of acceleration of maturity and  agree to continue to remain bound for the payment of principal, interest and all  other sums due under this Agreement notwithstanding any change or changes by  way of release, surrender, exchange, modification or substitution of any security  for this Agreement or by way of any extension or extensions of time for the  payment of principal and interest; and all such parties waive all and every kind of  notice of such change or changes and agree that the same may be made without  notice or consent of any of them. 

XIII. DISPUTES. In the event any payment under this Agreement is not paid when  due, the Borrower agrees to pay, in addition to the principal and interest  hereunder, reasonable attorney’s fees not exceeding a sum equal to the  maximum usury rate in the state of Governing Law of the then outstanding  balance owing on the Borrowed Amount, plus all other reasonable expenses  incurred by Lender in exercising any of its rights and remedies upon default. 

XIV. SEVERABILITY. If any provision of this Agreement or the application thereof  shall, for any reason and to any extent, be invalid or unenforceable, neither the  remainder of this Agreement nor the application of the provision to other persons,  entities, or circumstances shall be affected, thereby, but instead shall be  enforced to the maximum extent permitted by law. 

XV. GOVERNING LAW. This Agreement shall be construed and governed by the  laws located in the state of _____________________ (“Governing Law”).

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XVI. SUCCESSORS. All of the foregoing is the promise of Borrower and shall bind Borrower and Borrower’s successors, heirs, and assigns; provided, however, that Lender may not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the holder of this Agreement. 

XVII. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the parties relating to its subject matter, including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Borrower and Lender agree to the terms and conditions and shall be bound until the Borrowed Amount is repaid in full. 

IN WITNESS WHEREOF, Borrower and Lender have executed this Agreement as of  the day and year first above written.

Borrower’s Signature: _____________________ Date: _____________ Print Name: _____________________

Lender’s Signature: _____________________ Date: _____________  Print Name: _____________________  

GUARANTOR (IF APPLICABLE)

The Guarantor, known as _____________________, agrees to be liable and pay the  Borrowed Amount, including principal and interest, in the event of the Borrower’s  default. The Guarantor agrees to be personally liable under the terms and obligations of  the Borrower in this Agreement. 

Guarantor’s Signature: _____________________ Date: _____________ Print Name: _____________________

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