EmployeeLoanAgreement贷款协定doc.docx

1、EmployeeLoanAgreement贷款协定docEmployee Loan Agreement贷款合同 - EXHIBIT AFORM OF PROMISSORY NOTEPROMISSORY NOTESECURED BY DEED OF TRUST(HOUSING RELOCATION LOAN - I.R.C. Section 1.7872-5-(T)_,_,_(M,D,Y) $,_(Placename)1. FOR VALUE RECEIVED, the undersigned, BBB ( Employee ) and CCC, husband and wife (jointl

2、y and severally, Borrowers ), promise to pay to the order of AAA CORPORATION, a _(Placename) corporation ( Lender ), at _(Address)(or at such other place as Lender may from time to time designate by written notice to Borrowers), in lawful money of the United States, the principal sum of _($,_), toge

3、ther with interest thereon at the rate of four and ninety-four-hundredths percent (4.94%) per annum.2. PAYMENT: The principal and interest due pursuant to this Note shall be paid as follows:A. Upon the occurrence of a Maturity Event (as defined herein), Borrowers shall pay to Lender all amounts due

4、under this Note, including all unpaid principal and all accrued but unpaid interest on the principal amount hereof.B. Subject to Section 3 below, the entire outstanding principal balance of this Note, plus any accrued, but unpaid interest thereon, and any other sum due hereunder shall be due and pay

5、able in full on or before the fourth (4th) anniversary date of this Note. Notwithstanding the foregoing, if Employees employment with Lender is terminated by Lender, with or without cause, then interest on this Note shall become due and payable in arrears on December 31st of the year following the y

6、ear in which the termination became effective, and on each year thereafter until the fourth (4th) anniversary date of this Note, when all accrued but unpaid interest shall be payable. (For example, if Lender terminates Employees employment effective _,_,_(M,D,Y), then all accrued interest shall beco

7、me due and payable on _,_,_(M,D,Y) and on each subsequent December 31st until the maturity date of this Note.)C. Principal and interest shall be payable in lawful money of the United States. Interest shall be calculated on the basis of a 360-day year consisting of twelve (12) months, each of thirty

8、(30) days, and shall compound annually. Each payment shall be applied first to accrued interest, then to any other amounts (other than principal) payable hereunder as designated by Lender, and then to reduce principal.D. All payments made hereunder shall be made by Borrowers free and clear of, and w

9、ithout deduction for, any and all present and future taxes, levies, charges, deductions and withholdings. Borrowers shall pay upon demand any stamp or other taxes, levies or charges of any jurisdiction with respect to the execution, delivery, performance and enforcement of this Note.3. SECURITY: Thi

10、s Note is secured by that certain Deed of Trust (the Deed of Trust ) of even date herewith made by Borrowers, as trustor, to First American Land Title Insurance Company, as trustee, for the benefit of Lender, as beneficiary, which shall be recorded in the Official Records of _(Address),encumbering c

11、ertain real property commonly known as 17 Acorn Lane in _(Address) (the Property ), described with particularity in the Deed of Trust, which Borrowers intend to occupy as their principal place of residence. The Deed of Trust provides, among other things, as follows: If the Trustors (herein the Borro

12、wers) shall sell, convey, encumber, grant any lien upon, or otherwise alienate the Property, or any part thereof, or any interest therein, or shall be divested of their respective title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of

13、 the Beneficiary (herein the Lender) being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby (including, without limitation, the Note), irrespective of the maturity date specified therein, i

14、mmediately due and payable. 4. MATURITY EVENT: Upon the occurrence of a Maturity Event (as hereinafter defined), the entire unpaid principal balance, together with all accrued but unpaid interest thereon, and all other sums due hereunder, shall become immediately due and payable without further dema

15、nd or notice to Borrowers. To the extent permitted by law, any of the following events shall be a Maturity Event under this Note and the Deed of Trust:A. Borrowers shall fail to pay any amount of the principal or interest on this Note when due and shall fail to cure such non-payment within ten (10)

16、days following written notice of such delinquency.B. There shall occur a breach or default in the performance of any obligation of Borrowers contained in this Note, the Deed of Trust, the Employee Loan Agreement executed concurrently herewith (the Loan Documents ), or any other agreement now or here

17、after entered into by either of the Borrowers, on the one hand, and the Company, on the other hand, with respect to the Property.C. There shall occur a breach or default in the performance of any obligation of Borrowers in any other deed of trust or other security instrument (whether superior or sub

18、ordinate in rights to the Deed of Trust) now or hereafter encumbering the Property.D. Borrowers shall sell, convey, encumber, grant any lien upon, or otherwise alienate the Property, or any part thereof, or any interest therein, or shall be divested of their title or any interest therein in any mann

19、er or way, whether voluntarily or involuntarily, without the written consent of the Lender being first had and obtained.E. Borrowers (i) admit in writing their inability to pay debts, (ii) make an assignment for the benefit of creditors, (iii) file a voluntary petition in bankruptcy, effect a plan o

20、r other arrangement with creditors, liquidate their assets under arrangement with creditors, or liquidate their assets under court supervision, (iv) have an involuntary petition in bankruptcy filed against them that is not discharged within sixty (60) days after such petition is filed, or (v) apply

21、for or permit the appointment of a receiver or trustee or custodian for any of their property or assets which shall not have been discharged within sixty (60) days after the date of appointment.F. The occurrence of the fourth (4th) anniversary of the date of this Note.G. The occurrence of the nineti

22、eth (90th) day following the termination by Employee of his employment with Lender for any reason (other than Lenders termination of such employment, with or without cause, or death).H. Any representation or warranty of Borrowers contained herein or in any certificate or agreement entered into betwe

23、en Borrowers for the benefit of Lender in connection herewith shall prove to be false or misleading in any material respect.I. The Deed of Trust is not recorded against the Property at the closing of the purchase by Borrowers of the Property or at any time ceases to be a valid first priority lien on

24、 the Property.J. Any lien or other monetary encumbrance is imposed against the Property; provided, however, that in the event that a lien or monetary encumbrance is imposed against the Property without the consent of any Borrowers, a Maturity Event shall not occur until the lien or other monetary en

25、cumbrance is imposed against the Property for a period of at least thirty (30) days.K. One (1) year following the death of the Employee.L. Borrowers default in their obligation to pay any sum or to perform any obligation, which is secured by a deed of trust, mortgage, lien, or other encumbrance on t

26、he Property (other than the Deed of Trust).5. LATE CHARGE: Because the actual damage to Lender resulting from any default by Borrowers in the payment of any installment of principal and/or interest when due is impractical and extremely difficult to ascertain, in addition to its other rights and reme

27、dies, Lender shall be entitled to recover six percent (6%) of the amount of any such delinquent installment as liquidated damages, if Borrowers fail to pay any installment within ten (10) days after Borrowers receive written notice from Lender of the amount due and owing.6. BORROWERS REPRESENTATIONS

28、: Borrowers hereby make the following representations and warranties to the Lender and acknowledge that Lender is relying on such representations in making the loan:A. Borrowers shall have good and marketable title to the Property free and clear of any security interests, liens or encumbrances other

29、 than the Deed of Trust in favor of Lender securing this Note;B. The consent of no other person or entity is required to grant to Lender the security interest in the Property evidenced by the Deed of Trust;C. There are no actions, proceedings, claims, or disputes pending or, to the Borrowers knowled

30、ge, threatened against or affecting the Borrowers or the Property.7. BORROWERS ADDITIONAL OBLIGATIONS: Borrowers shall take any and all further actions that may from time to time be required to ensure that the Deed of Trust creates a valid first priority lien on the Property in favor of the Lender a

31、s security for the Note. Borrowers shall not further encumber the Property or permit any lien to encumber the Property. Upon request by Lender, but not more frequently than once during any calendar year, Borrowers shall furnish evidence reasonably satisfactory to the Lender that: (i) Borrowers have

32、good and marketable title to the Property; (ii) the consent of no other person or entity is required to grant a first priority security interest in the Property to the Company; (iii) the Deed of Trust is a first priority security interest in the Property, and (iv) there are no other deeds of trust, mortgages or encumbrances against the Property. If it should be hereafter determined that there are