LOAN REPAYMENT AGREEMENT
THIS LOAN AGREEMENT is entered into on this __day of 2020, by and between_________ (hereinafter, known as ‘LENDER’) and ______
(hereinafter, known as ‘BORROWER’). BORROWER and LENDER shall collectively be
known herein as “the Parties”. In determining the rights and duties of the Parties
under this Loan Agreement, the entire document must be read as a whole.
WHEREAS, FOR VALUE RECEIVED, BORROWER promises to repay to the order of
LENDER the sum of US $ 237,000 minus interest thereon.
The BORROWER and LENDER hereby further set forth their rights and obligations to
one another under this Loan Agreement and agree to be legally bound as follows:
- Principal Loan Amount = US $ 237,000 to be repaid in 24 months
- Loan Repayment Terms
BORROWER will make payment(s) to LENDER according to the following schedule:
I. For the first 6 months, BORROWER will pay $ 5000 per month
II. The rest of the balance will be divided into 18 months with 0% interest.
Currently, the BORROWER and the LENDER have a business together.Upon total
repayment of the loan, the LENDER shall release 50% ownership of Lucy’s Lashes to
BORROWER. - Method of Loan Payment
The BORROWER shall make all payments called for under this agreement by sending a
check or other negotiable instrument made payable to the LENDER. - Default
The occurrence of any of the following events shall constitute a Default by the
BORROWER of the terms of this loan agreement:
I. BORROWER’s failure to pay any amount due as principal as required under this
loan agreement.
II. BORROWER seeks an order of relief under the Federal Bankruptcy laws.
III. A federal tax lien is filed against the assets of BORROWER
- Cure of Default
Upon Default, LENDER shall give BORROWER written notice of default. Mailing of
written notice by LENDER to BORROWER via U.S Postal Service shall constitute prima
facie evidence of delivery. BORROWER shall have 15 days after receipt of written
notice of default from LENDER to cure said default. In the case of default due solely
to BORROWER’s failure to make timely payment as called for in this loan agreement,
BORROWER may cure the default by making full payment of any principal whose
payment to LENDER is overdue under the loan agreement. - Indemnification
Should any party materially breach this agreement, the non-breaching party shall be
indemnified by the breaching party for its reasonable attorney fees and out-of-pocket
costs which in any way relate to, or were precipitated by, the breach of this
agreement. The term “out-of-pocket costs”, as used herein, shall not include lost
profits. A default by BORROWER which is not cured within 15 days after receiving
written notice of default from LENDER, constitutes a material breach of this
agreement by BORROWER. - Integration
This Agreement, including any references mentioned in the body set forth the entire
agreement between the Parties with regard to the subject matter hereof. All prior
agreements, representations, and warranties, express or implied, oral or written,
with respect to the subject matter hereof, are superseded by this agreement. This is
an integrated agreement. - Severability
In the event any provision of this Agreement is deemed to be void, invalid or
unenforceable, that provision shall be severed from the remainder of this Agreement
so as not to cause the invalidity or unenforceability of the remainder of this
Agreement. All remaining provisions of this Agreement shall then continue in full
force and effect. If any provision is deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extent of the scope and breadth permitted by
law.
- Modification
Except as otherwise provided in this document, this agreement may be modified,
superseded, or voided only upon written and signed agreement of the Parties.
Further, the physical destruction or loss of this document shall not be construed as a
modification or termination of the agreement contained herein. - Exclusive Jurisdiction for Suit in Case of Breach
The Parties, by entering into this agreement, submit to jurisdiction in State of
California for adjudication for any disputes and/or claims between the Parties under
this agreement.
Furthermore, the Parties hereby agree that the courts of the State of California shall
have exclusive jurisdiction over any disputes between the parties relative to this
agreement, whether said disputes sound in contract, tort, or other areas of the law. - State Law
This Agreement shall be interpreted under, and governed by, the laws of the State of
California.
IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing,
BORROWER and LENDER affix their signatures hereto.
(Borrower’s Signature) (Lender’s Signature)
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