The Lending Contract Agreement serves as the primary document governing loan relationships in the United States. This agreement is essential whenever one party provides financial resources to another with the expectation of repayment under specific terms. The document must comply with both federal regulations (such as TILA and ECOA) and state-specific lending laws. The agreement typically includes detailed provisions on loan amount, interest calculations, payment schedules, default scenarios, and remedies. It's particularly important to note that lending agreements must adhere to state usury laws and federal consumer protection regulations, making jurisdiction-specific customization crucial.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the loan and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specific amount being lent and its intended use
5. Interest Rate and Payments: Interest rate, payment schedule, and calculation method
6. Term and Repayment: Duration of the loan and repayment terms
7. Events of Default: Circumstances constituting default and consequences
8. Representations and Warranties: Statements of fact by the borrower
1. Security: Details of any collateral securing the loan - used when loan is secured by assets
2. Guarantees: Terms of any third-party guarantees - used when loan includes guarantors
3. Insurance Requirements: Required insurance coverage for secured assets - used when loan is secured by physical assets
4. Prepayment Terms: Conditions for early repayment - used when early repayment is allowed
1. Repayment Schedule: Detailed payment amounts and due dates
2. Security Details: Detailed description of collateral (for secured loans)
3. Insurance Requirements: Specific insurance requirements and minimum coverage (for secured loans)
4. Fee Schedule: Breakdown of all applicable fees
5. Truth in Lending Disclosure: Federal required disclosures about loan terms
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