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LE Item 1 ­ Collateral Security: Item 2--Expiry Date: Fixed Loan Agreement w/ Security 8 Fixed Loan Agreement w/ Security 9 ________ Name: ______________________ Signed for and on behalf of Borrower by: By: _________________________________ Name: ______________________________ Name: ______________________________ SCHEDUts of _______________[Mention State] and the Federal Court of Australia. THE PARTIES sign this Agreement on the day hereinbefore mentioned. Signed for and on behalf of Lender by: By: _______________nd Jurisdiction i. This agreement is governed by the laws of _______________[Mention State]. Fixed Loan Agreement w/ Security 7 ii. The parties submit to the non-exclusive jurisdiction of the courve (5) days after mailing. The Independent Contractor agrees to keep the Company current as to their business and mailing addresses, as well as telephone, email and mobile numbers. (m) Governing Law a their address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of fi postage pre-paid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each party may changehever is the greater. · ii. iii. (l) Notices Any notice to be given hereunder by any party to the other, may be affected either by personal delivery in writing, or by mail, registered or certified,ent, receipt or other transaction contemplated by this agreement; including, in each case without limitation, legal costs and expenses on a full indemnity basis or on a solicitor and client basis whic concern and in the case of the Lender its administration costs in connection with those events; and stamp duty and other taxes payable in connection with this agreement or in connection with any paymal enforcement or preservation of any rights under this agreement including, without limitation, any expenses incurred in retaining any independent consultant or other person to evaluate any matter ofy of the Lender in connection with: any consent, exercise or non-exercise of any rights, waiver, variation, release or discharge in connection with or of this agreement; and · the contemplated or actustamping and completion of this agreement and of any forms required by any statute or regulation to be lodged with any registry; the reasonable costs, charges and expenses of the Lender or any attorneCosts and Expenses The Borrower must pay or reimburse the Lender on demand for: i. the reasonable costs, charges and expenses of the Lender in connection with the negotiation, preparation, execution, Fixed Loan Agreement w/ Security 6 iv. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given. (k) t power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. greement is not effective unless it is in writing and signed by the parties. (j) Waiver Excluded i. ii. iii. A party's failure or delay to exercise a power or right does not operate as a waiver of thar contemporaneous representations, statements and agreements (if any) made by the Lender or the Lender's representatives are merged in this agreement. (i) Variation An amendment or variation to this athen it is severed and the rest of this agreement remains in force. (h) Entire Agreement This agreement and the Collateral Securities represent the entire agreement between the parties and all prior on cost do all things (including executing all documents) necessary or desirable to give full effect to this agreement. (g) Severability If anything in this agreement is unenforceable, illegal or void sence Time is of the essence of the Borrower's obligations under this agreement unless other wise agreed in writing by the Lender. (f) Further Assurance The Borrower must promptly at the Borrower's owr this Agreement; is for all purposes prima facie evidence of the facts stated in the certificate. (d) Lender's Power to Assign The Lender may assign the benefit of this agreement. (e) Time of the Eshis agreement; the rate or rates of interest which are applicable to the Secured Money or any part of it; that a particular Event of Default has occurred; or any other act matter or thing arising undes A certificate purporting to be signed by the Lender or an officer of or agent for the Lender stating: i. ii. iii. iv. the amount owing or contingently owing by the Borrower at a certain date under t this agreement and, in the event of inconsistency, the provision most favourable to or which confers the greatest benefit on the Lender prevails. Fixed Loan Agreement w/ Security 5 (c) Certificatets to this Agreement. (b) Inconsistencies So far as is possible, this Agreement must be read together with any Collateral Security and all other agreements or documents entered into in connection withe Trust. 13. MISCELLANEOUS PROVISIONS (a) No Obligation to Resort to Collateral Security The Lender is not obliged to resort to any Collateral Security for payment of the Secured Money before it resorent is binding on the Borrower personally and in its capacity as trustee of the Trust and that the Lender's right of recourse extends to both the assets of the Borrower personally and the assets of ths executed this agreement in its capacity as trustee of a trust ("Trust"), whether or not the fact that the Borrower is a trustee is disclosed to the Lender, the Borrower acknowledges that this agreem Charges Schedule and has agreed for those fees and charges to be deducted from the advance of the loan funds at settlement. 12. TRUST PROVISIONS [Add only when a Trust is present] Where a Borrower ha independent legal and financial advice about the Loan and that the Borrower has had the opportunity to obtain such advice; and iii. The Borrower has been provided with a copy of the Lender's fees ander acknowledges that: i. the Loan is to be applied by the Borrower wholly or predominantly for ___________ purposes [Mention Purposes for Loan]; ii. The Lender has recommended that the Borrower obtainto the Lender are complete and correct and there are no other material facts or considerations the omission of which would render any of the information misleading. 11. ACKNOWLEDGEMENT (a) The Borrowbunal or arbitrator which could or might result in any material adverse change in the business assets or credit of the Borrower; and all financial statements and information furnished by the Borrower in entering into this agreement; Fixed Loan Agreement w/ Security 4 ii. iii. no action, proceeding or arbitration is pending or threatened against the Borrower before any court, administrative trifacts relating to the i. Borrower, its related bodies corporate, and anything in connection with them that are material to the assessment of the nature and amount of the risk undertaken by the Lender from the Borrower may be applied towards interest or other Secured Money at the Lender's discretion. 10. WARRANTIES (a) The Borrower warrants that: it has fully disclosed in writing to the Lender all nder The Borrower must pay to the Lender on demand any money which the Lender may reasonably see fit to pay to remedy any default of the Borrower. 9. APPLICATION OF MONEY Money received by the Lender (a) Borrower to Provide Financial Information The Borrower must deliver to the Lender all financial and other information which the Lender requires from time to time. (b) Borrower to Reimburse the Lee untrue, false or misleading; AND a determination by the Lender that any of these events has occurred shall be final and binding on the Borrower. 8. GENERAL COVENANTS BY BORROWER IN RELATION TO LOANy of those assets; or If any representations, warranties or conditions precedent or subsequent described in this Agreement or otherwise or replies to any requisitions made by the Borrower are or becomt; a person holding a security interest in assets of the Borrower enters into possession of or takes control of any of those assets or takes any steps to enter into possession of or take control of ann towards making the Borrower an externallyadministered body corporate; the Borrower is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Actress or execution against any property of the Borrower; the Borrower being a body corporate, becomes an externally-administered body corporate under the Corporations Act; steps are taken by any perso made or a judgment is entered against the Borrower, or any related body corporate of the Borrower and is not satisfied within 7 days; any creditor of the Borrower levies, or attempts to levy, any dis becomes void, illegal, invalid, unenforceable or of limited or reduced force or effect; i. ii. iii. iv. Fixed Loan Agreement w/ Security 3 v. vi. vii. viii. ix. x. xi. an order for payment isor any other written agreement between the Lender and the Borrower proves to have been untrue or misleading when made or deemed to have been made; if all or any part of this Agreement, or the securityeen the Borrower and the Lender with regard to this agreement or any Collateral Security; any warranty or representation made or deemed to have been made under this agreement, any Collateral Security ii. the Borrower fails to pay any of the Secured Money when due; the Borrower breaches a term of: a. this agreement; b. any Collateral Security; or c. any other agreement, instrument or document betwSecured Money immediately becomes payable; and the Lender may decline to provide any part of the Loan which has not already been provided. (b) Events of Default The following are Events of Default: i.f the full amount payable. 7. DEFAULT (a) Lender's Rights on Default If an Event of Default occurs or is deemed to have occurred, then at the Lender's option, without any demand or notice: all of the axes or charges present or future. If the Borrower is compelled by law to deduct any taxes or charges the Borrower must pay to the Lender such further sum as will result in the receipt by the Lender oefault in repaying the Loan on the Expiry Date, then until repayment). 6. NO DEDUCTIONS All money payable by the Borrower must be paid in full without any deduction on account of any income or other t The interest must be paid on the Loan or sums forming part of the Loan from the dates they are provided until the Expiry Date or until earlier repayment under clause 4(b) (but if the Borrower makes dther rights of the Lender on default. (c) The interest must be paid on sums which are part of the Secured Money but are not part of the Loan from the dates they become payable until they are paid. (d)for payment, the interest is added to the Loan from the date it became due and bears interest from that date, but without prejudice to the Lender's right immediately to sue for that interest, or the othe Loan is provided by the Lender, and then on the last Business Day of every following month. Fixed Loan Agreement w/ Security 2 (b) If any interest is not paid within 7 days after it becomes due ay of a month. 5. INTEREST. (a) The Borrower must pay interest on the Loan at the Rate of Interest of ____________% on the last Business Day of the month in which the Loan or the first instalment of in full before the Expiry Date, but the repayment will only be consented to by the Lender if, in consideration for the Lender giving the consent, the Borrower makes the payment on the last Business Dnce date. ALTERNATIVE (a) The Borrower must repay the Loan on the Expiry Date. (b) The Borrower may, on one (1) month's written notice to the Lender, and with the consent of the Lender, repay the Loany, at any time repay the whole of the debt however the Borrower shall pay at least two months interest notwithstanding that the date of repayment of the loan may be less than two months after the adva in the form required by the Lender. 4. REPAYMENT (a) The Borrower will pay to the Lender the debt and all interest accruing thereon on the date and the manner stipulated in Item 5. (b)The Borrower mathe Lender could materially affect the rights or interests of the Lender. (c) A condition precedent to the making of the Loan is that the Lender has been provided with the Collateral Security (if any)the advance unless the Lender has satisfied itself that all searches and enquiries in relation to the Borrower have resulted satisfactorily and there has not arisen any matter which in the opinion of nowledges receipt of the full amount of the Loan. . 3. CONDITIONS PRECEDENT TO ADVANCE (a) The Lender shall advance to the Borrower the Loan on the advance date; (b) The Lender is not obliged to make ect to the terms of this Agreement the Lender hereby loans to the Borrower the amount of $______ (the "Loan"). If the parties agree, the Loan may be provided in 2 or more instalments. The Borrower acke Schedule to this Agreement; (l) the head notes are for reference purposes only; and Fixed Loan Agreement w/ Security 1 (m) reference to a person includes a corporation and vice versa. 2. LOAN Subj defined terms includes the party's executors, administrators and permitted assigns, or being a company its successors and permitted assigns; (k) reference to an "Item" is a reference to an Item in th shall include every gender; (i) where more than one person is the Borrower this Agreement shall bind those persons jointly and each of them severally; (j) any reference to any of the parties of theirspecified in Item 2; (g) "Secured Money" includes the Loan and all other money which the Borrower agrees to pay under any provision of this agreement including interest; (h) words importing one gender the Borrower to the Lender hereunder and where the context admits each component part; (e) "event of default" means any of the events described in this Agreement; (f) "Expiry Date" means the date as e sum from time to time of all advances outstanding together with interest thereon calculated by the Lender in accordance with this Agreement and all other monies payable (actually or contingently) by, agreement guarantee, indemnity or instrument of any kind whereby the Loan is secured or intended to be secured in favour of the Lender. It is specified in Item 1 of the Schedule; (d) "debt" means thb) "business day" means any date on which Trading Banks and the Lender are open for ordinary business in ______________[Mention State]; (c) "Collateral Security/Security" includes any mortgage, charge__of ________________________ (the "Borrower") IT IS AGREED: 1. DEFINITIONS In this Agreement unless the context otherwise requires: (a) "advance date" means the date on which such advance is made; (ENT THIS LOAN AGREEMENT ("Agreement") is made the ____________________ day of _______________ 20__. By and Between: ___________________of ________________________ (the "Lender") And _________________ (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. The use of these materials is subject to the "Terms and Conditions" found at findlegalforms.com. LOAN AGREEMTED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORTATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMIS OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILI No Lawyer-Client / Solicitor-Client relationship is created by use of these materials. THESE MATERIALS ARE PROVIDED "AS-IS" and "WITHOUT LIABILITY." FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIEe legal advice. The use of these materials is not a substitute for legal advice. Only a lawyer/solicitor can provide legal advice. A lawyer/solicitor should be consulted for all serious legal matters. the same should be attached to this Agreement, duly signed before the witness prescribed in the respective State's acts. DISCLAIMER: FindLegalForms, Inc. ("FLF") is not a law firm and does not provid in the event of default. Note: It is recommended that the borrower seek independent legal and financial advice before entering an agreement. If such an advice is sought, a declaration certificate foror on the happening of an event then that date or event should be inserted. The document includes terms for the Lender to hold a collateral security over property or other assets owned by the borrower interest is payable or not, and whether the loan is repayable by installments. If the loan is to carry interest then the interest rate should be inserted. If the loan is to be repaid on a fixed date LOAN AGREEMENT Secured Loan -without Guaranty - Fixed A Loan Agreement defines the terms and conditions under which a lender advances funds to a borrower. This Agreement provides options as to whether