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Banks
and other lenders commonly lend money on a secured
basis. If the borrower defaults on a secured loan,
the lender has the right to foreclose on some
or all of the real and personal property of the
borrower.
Borrowers
Counsel can help
you by reviewing the loan documents prepared by
the lender, advising as to the appropriateness
of the documents and identifying areas where additional
flexibility may be appropriate. While borrowers
often don't have a great deal of leverage over
the terms and conditions of a loan, a lender will
often accept comments that protect the lender's
interest while granting the borrower more freedom.
Lenders
Counsel can assist
you in by drafting legal documents that give you
the desired level of protection and security.
Loans can be made on a secured or unsecured basis,
they may be convertible into equity, and they
may be subordinate to or senior to specific types
of indebtedness. Secured loans give the lender
rights in specified items of collateral that are
senior to or prior to unsecured creditors. Both
personal property and real property can serve
as items of collateral.
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