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Sample Loan Agreement

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Any time a loan is paid, the borrower and lender should sign a loan agreement. The loan agreement, which is also commonly referred to as a promissory note, makes the agreement between the parties and the exchange of funds official. By having a loan agreement, there may be legal recourse in the event the borrower does not repay the loan as agreed in the contract.

Even when money is being loan to a family member or longtime friend, the loan agreement is important to validate the exchange of monies. Having a sample loan agreement will serve to protect the borrower as well as outline the terms of the contract. The agreement should also include the amount borrowed as well as the interest rate that is being charged on the loan. Having the contract written and signed by all parties prevents the borrower or the lender from changing the terms of the original agreement.

To be included in the sample loan agreement is a simple statement that a loan is being made. Although this seems elementary it is important this is included so there is a distinction made between money being borrowed and monies being given with no repayment obligation. The understanding with the agreement is that under the terms of the agreement the funds are to be lent for specific period of time. Included in the sample loan agreement should be the date the monies are being exchanged. Although less important, but still to be included in a loan agreement is the city and state where the loan is being made and disbursed.

Whether a loan is being made for business or personal financing, all parties should be named in the agreement. In the case of an individual, the individual's full name should be included in the agreement. If there is a co-borrower on the loan, his or her name should be included as well. In the case of a business, either the guarantor or corporation name should be listed on the contract. It is key to understand the business designation and structure of the business; a sole proprietor will need to be named while the owners of a corporation may not be named because of certain limited liability provisions.

Within the loan agreement there should be language to include how and when the funds borrowed will be repaid. If there is any distinction that needs to be made about how the loan should be repaid, such as by check, credit or money order this should be outlined. The date the funds will be repaid should also be clearly stated and agreed to by all parties involved. The key to the loan agreement is to protect the interests of all parties involved and by clearly stating the terms of the loan and obtaining signatures, the chances of default and misunderstanding will be minimized.

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Q: Sample Loan Agreement
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