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Agreement

Personal Loan Agreement

A comprehensive personal loan agreement covering principal, interest, repayment schedule, and default provisions.

Personal Loan Agreement

This Personal Loan Agreement (this "Agreement") is entered into as of the date of the last signature below, by and between:

lender_name (the "Lender"); and

borrower_name (the "Borrower").

Lender and Borrower are each referred to herein as a "Party" and collectively as the "Parties." The Parties agree to the following terms and conditions governing the loan described herein.


1. Principal Amount

The Lender agrees to loan to the Borrower the principal sum of loan_amount (the "Principal" or "Loan Amount"). The Lender shall disburse the Principal to the Borrower within five (5) business days of the execution of this Agreement, unless otherwise agreed in writing by the Parties.

The Borrower acknowledges receipt of the Principal and agrees to repay the full amount in accordance with the terms set forth in this Agreement. The Principal, together with all accrued interest, fees, and other charges, shall constitute the total indebtedness of the Borrower under this Agreement.

The disbursement of the Principal may be made by check, wire transfer, electronic funds transfer, or any other method mutually agreed upon by the Parties. The Lender shall not be required to make multiple disbursements, and the full Principal shall be disbursed in a single transaction unless otherwise specified in writing.

2. Interest

2.1 Interest Rate

The outstanding Principal balance shall bear interest at the rate of interest_rate percent (interest_rate%) per annum (the "Interest Rate"). Interest shall begin accruing on the date the Principal is disbursed to the Borrower.

2.2 Interest Calculation Method

Interest shall be calculated on a simple interest basis using a 365-day year. The daily interest rate shall be determined by dividing the annual Interest Rate by 365. Interest shall accrue on the outstanding Principal balance for each day that any portion of the Principal remains unpaid.

For illustrative purposes, if the Principal is loan_amount and the Interest Rate is interest_rate%, the daily interest accrual shall be calculated as: (Principal x Interest Rate) / 365. The Borrower understands and acknowledges this calculation method.

2.3 No Compound Interest

Interest shall not compound under this Agreement. Interest shall accrue only on the outstanding Principal balance and shall not accrue on any previously accrued but unpaid interest, unless the Borrower is in default as described in Section 6 of this Agreement.

In the event of default, the Lender reserves the right to add any accrued but unpaid interest to the Principal balance for purposes of calculating future interest, subject to applicable usury laws.

3. Repayment Schedule

3.1 Repayment Date

The Borrower shall repay the entire outstanding Principal balance, together with all accrued and unpaid interest, on or before repayment_date (the "Repayment Date" or "Maturity Date"). Time is of the essence with respect to the Repayment Date.

3.2 Payment Method

All payments shall be made in lawful currency of the United States of America. Payments may be made by personal check, cashier's check, money order, wire transfer, or electronic funds transfer to the account designated by the Lender. The Lender shall provide the Borrower with written payment instructions upon request.

Payments shall be deemed received on the date the funds are available to the Lender. If payment is made by personal check, payment shall not be deemed received until the check has cleared. The Borrower bears all risk of loss during transmission of any payment.

3.3 Installment Payments (Optional)

The Borrower may, at the Borrower's option, make installment payments toward the Principal and accrued interest prior to the Repayment Date. Any installment payments shall be applied first to accrued and unpaid interest, then to the outstanding Principal balance. The Lender shall provide the Borrower with a written statement of the remaining balance upon request.

If the Borrower elects to make installment payments, the minimum monthly payment shall be no less than one-twelfth (1/12) of the total amount due at the Repayment Date, unless a different minimum payment is agreed upon in writing by the Parties.

3.4 Application of Payments

All payments received by the Lender shall be applied in the following order of priority: (a) first, to any late fees, collection costs, or other charges owed under this Agreement; (b) second, to accrued and unpaid interest; and (c) third, to the outstanding Principal balance.

4. Prepayment

4.1 Right to Prepay

The Borrower shall have the right to prepay all or any portion of the outstanding Principal balance at any time, without penalty or premium. Prepayment shall not relieve the Borrower of any other obligations under this Agreement unless the entire outstanding balance (including all accrued interest) is paid in full.

4.2 Prepayment Application

Any prepayment shall be applied first to accrued and unpaid interest and then to the outstanding Principal balance. Partial prepayment shall not extend or postpone the Repayment Date or alter the Borrower's obligation to repay the remaining balance by the Repayment Date.

The Borrower shall provide the Lender with at least three (3) business days' written notice prior to making any prepayment in excess of fifty percent (50%) of the outstanding Principal balance, so that the Lender may prepare appropriate documentation acknowledging receipt.

5. Late Fees

5.1 Late Payment Fee

If the Borrower fails to make any payment due under this Agreement within ten (10) calendar days of the due date, the Borrower shall pay a late fee equal to five percent (5%) of the overdue payment amount. This late fee is in addition to, and not in lieu of, any other remedies available to the Lender under this Agreement.

5.2 Repeated Late Payments

If the Borrower makes three (3) or more late payments during the term of this Agreement, the Lender may, at the Lender's sole discretion, declare the entire outstanding balance (including all accrued interest and fees) immediately due and payable.

The Lender shall provide written notice to the Borrower of any late fee assessed. The Borrower acknowledges that late fees represent a reasonable estimate of the Lender's administrative costs and damages resulting from late payment, and do not constitute a penalty.

6. Default

6.1 Events of Default

The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:

(a) The Borrower fails to make any payment of Principal, interest, or other charges when due under this Agreement and such failure continues for a period of fifteen (15) calendar days after written notice from the Lender;

(b) The Borrower makes any false or misleading representation or warranty in connection with this Agreement;

(c) The Borrower becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of creditors, or has a receiver or trustee appointed for any of the Borrower's property;

(d) A judgment is entered against the Borrower in any court of competent jurisdiction in an amount exceeding ten thousand dollars ($10,000), and such judgment remains undischarged or unstayed for a period of thirty (30) days;

(e) The Borrower breaches any other material term or condition of this Agreement and fails to cure such breach within thirty (30) days after written notice from the Lender;

(f) The Borrower dies, becomes mentally incapacitated, or is declared legally incompetent by a court of competent jurisdiction.

6.2 Remedies Upon Default

Upon the occurrence of an Event of Default, the Lender may, at the Lender's sole discretion, exercise one or more of the following remedies:

(a) Declare the entire outstanding Principal balance, together with all accrued interest, late fees, and other charges, immediately due and payable ("Acceleration");

(b) Increase the Interest Rate to the lesser of: (i) eighteen percent (18%) per annum; or (ii) the maximum rate permitted by applicable law (the "Default Rate");

(c) Pursue any and all remedies available at law or in equity, including but not limited to filing a civil action for the recovery of the outstanding balance;

(d) Recover from the Borrower all costs and expenses incurred by the Lender in connection with the enforcement of this Agreement, including reasonable attorneys' fees and court costs.

6.3 Waiver of Default

The Lender's failure to exercise any remedy upon an Event of Default shall not constitute a waiver of the Lender's right to exercise such remedy in the future. No waiver of any Event of Default shall be effective unless in writing and signed by the Lender. A waiver of one Event of Default shall not constitute a waiver of any subsequent Event of Default.

7. Collateral

7.1 Unsecured Loan

Unless otherwise specified in a separate security agreement or addendum, this loan is unsecured. The Borrower's obligation to repay the loan is a general personal obligation and is not secured by any specific property or asset of the Borrower.

7.2 Optional Security Interest

The Parties may, by separate written agreement, designate specific property or assets of the Borrower as collateral for this loan. Any such security agreement shall be executed simultaneously with or subsequent to this Agreement and shall be incorporated herein by reference.

If collateral is pledged, the Borrower shall maintain the collateral in good condition, keep it insured against loss or damage, and not sell, transfer, or encumber the collateral without the prior written consent of the Lender. The Lender shall have all the rights of a secured party under the Uniform Commercial Code.

8. Representations and Warranties

8.1 Borrower Representations

The Borrower represents and warrants to the Lender that:

(a) The Borrower is of legal age and has the legal capacity to enter into this Agreement;

(b) The execution and performance of this Agreement does not violate any law, regulation, or other agreement to which the Borrower is a party or by which the Borrower is bound;

(c) All information provided by the Borrower to the Lender in connection with this loan is true, accurate, and complete in all material respects;

(d) The Borrower is not currently in default under any other loan or credit agreement and has no outstanding judgments, liens, or encumbrances that would impair the Borrower's ability to repay this loan;

(e) The Borrower has sufficient income or assets to repay the loan in accordance with the terms of this Agreement.

8.2 Lender Representations

The Lender represents and warrants that the Lender has the legal right and authority to make the loan described in this Agreement and that the funds being lent are the Lender's own funds or funds the Lender has the legal right to lend.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Lender resides at the time of execution of this Agreement, without regard to its conflict of law principles. The Parties agree that any dispute arising under this Agreement shall be resolved in the state or federal courts located in the state of the Lender's residence.

Both Parties consent to personal jurisdiction in such courts and waive any objection based on inconvenient forum or lack of personal jurisdiction. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

10. Usury Savings Clause

Notwithstanding any provision of this Agreement to the contrary, in no event shall the total amount of interest and fees charged under this Agreement exceed the maximum amount permitted by applicable usury laws. If any interest or fees charged are found to exceed such maximum, the excess shall be applied to the outstanding Principal balance, or if the Principal has been fully repaid, refunded to the Borrower.

The Parties intend to comply with all applicable usury laws, and this Agreement shall be construed and interpreted in a manner consistent with such laws. If any court of competent jurisdiction determines that the Interest Rate or any fee charged under this Agreement is usurious, the rate or fee shall be automatically reduced to the maximum permissible rate or amount.

11. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by certified mail, return receipt requested, postage prepaid; (c) sent by nationally recognized overnight courier; or (d) sent by email with confirmed receipt. Notices shall be sent to the addresses provided by each Party at the time of execution or to such other address as either Party may designate in writing.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to the same subject matter.

12.2 Amendments

This Agreement may not be amended, modified, or supplemented except by a written instrument signed by both Parties. No oral amendment or modification shall be binding.

12.3 Assignment

The Borrower may not assign or transfer any of the Borrower's rights or obligations under this Agreement without the prior written consent of the Lender. The Lender may assign or transfer the Lender's rights under this Agreement to a third party upon written notice to the Borrower.

12.4 Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the Parties' original intent.

12.5 Waiver

No failure or delay by the Lender in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

12.6 Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for all purposes.

12.7 Headings

The headings in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

12.8 Relationship of the Parties

Nothing in this Agreement shall be construed as creating any partnership, joint venture, agency, or employment relationship between the Parties. The relationship between the Lender and the Borrower is solely that of creditor and debtor.


IN WITNESS WHEREOF, the Parties have executed this Personal Loan Agreement as of the date of the last signature below.

Lender

lender_name

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]

Borrower

borrower_name

[Electronic signature will be collected via zsign]

[Date will be recorded automatically]

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