6. Loan Agreement (auto-populated from entries above)
This agreement made this
day of
BETWEEN
Growing Trust Multipurpose Cooperative Society Limited, Uyo, Akwa Ibom State, Nigeria (Hereinafter referred to as “The Lender”) which expression shall include her assigns and designees of the first part.
AND
of (Hereinafter referred to as “Borrower”) and which expression shall include his/her executors and administrators on the second part.
AND
of (Hereinafter referred to as the “Guarantor”) which expression shall include his/her executors, administrators and successors-in-title on the third part.
WHEREAS:
1. The lender is a licensed Multipurpose Cooperative Society with head office at Victor Attah International Airport, Uyo, Akwa Ibom State.
2. The Lender is involved in thrift savings and granting of credit facilities to her members.
3. The customer of the Lender who is desirous of obtaining credit facility on the terms and conditions stated or enumerated hereunder and in other account documentation packages.
NOW THIS AGREEMENT WITNESSETH THAT:
- In consideration of the loan sum of lent/advanced by the Lender to the Borrower and Guarantor hereby jointly and severally covenant with the Lender to repay the entire sum above plus an administrative fee of 1% (one percent) of the loan amount in addition to default interest (in the event of default) based on the terms and conditions contained in the loan repayment schedule by monthly installments of ₦ each with Percent (%) per month interest service charge with effect from the day of .
- In the event where the Borrower fails to pay any installment of the loan when due or any part thereof or service charge payable or the entire loan sum (including interests, cost of recovery other legal expenses) at expiration of the term, the Lender or any of her agents shall be at liberty to report to Borrower's employer and/or enter into the Borrower's shop, office, business premises or workplace and seize and/or take possession of any article or asset of trade (including livestock, agriculture products, drugs or any other perishable item) or personal belongings of the Borrower found in any of the said places and shall have and exercise the power to sale any/all of these items to recover any of the due but unpaid installment(s) or the entire loan in the case of default.
- In the event whereby any items or articles of trade seized are not sufficient enough to liquidate the entire debts of the Borrower, the Lender still reserves the right to exercise or utilize any other legally permissible means of recovering the remaining loan sum.
- The Borrower hereby agree to indemnify the Lender against any loss, recovery expenses, legal fees, court action or any other expenses borne by the Lender flowing from or incidental to this transaction in the course of recovery of debts from the Borrower and Guarantor.
- With respect to paragraph 2, the Borrower and Guarantor hereby declare, pledge and affirm that there shall be no recourse to Court action by them or shall not institute any action in Court or bring any claim (s) against the Lender in relation to action carried out by the Lender pursuant to paragraph 2, but resort only to arbitration in resolving any dispute arising therefrom.
- Parties agree that the Guarantor shall equally be legally liable to repay the entire loan sum (including accumulated interests) or unpaid installment (s) as the Borrower.
- Where the Borrower or Guarantor provides collateral (fixed or movable asset) as security for the loan, in the case of default, the Lender shall, depending on the value of the collateral in relation to the loan, have the option of trading-off the collateral in exchange for the entire loan sum (including accumulated interests) in complete liquidation of same. After completion of documentation formalities (POA or transfer of ownership etc.) ownership in the collateral shall transfer from the Guarantor/Borrower and vest in the Lender.
- With respect to items 2 and 7, demand notices of sale shall serve as sufficient notification before exercise of items 2 or 7, and the Borrower and Guarantor are hereby given advanced notification that in addition to the foregoing, the Lender reserves and can exercise the right of seizure and sale after 6 months of default. The Guarantor and Borrower hereby covenant that the Lender is hereby exculpated/exempted from any liability whatsoever or absolutely resulting from action carried out pursuant to item 2.
IN WITNESS THEREOF the parties hereto have set their hands and seals the day and year first above written.
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