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Surety Agreement New Format - Direct
Surety Agreement New Format - Direct
METRO CEBU COOPRENEURS SURETY FUND, a non-profit trust FUND duly registered
with the Bureau of Internal Revenue, with principal office at c/o NATCCO Network
Visayas, Geson Building, Jakosalem St., Cebu City, represented by its Chairman, Reynaldo
A. Gandionco, hereinafter referred to as the “SURETY”;
-and-
WITNESSETH: That
WHEREAS, said loan is evidenced by a promissory note no. ____ dated ______,
executed by the BORROWER in favor of the CREDITOR BANK, payable upon
maturity/monthly installments with interest rate of ___________________ (__%) per
annum;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants contained herein, the SURETY (per Board Resolution No. 2013-___ dated __),
hereby guarantees and warrants to the CREDITOR BANK, its successors and/or assigns,
the payment of the loan granted to the BORROWER, as evidenced by a promissory note,
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instruments or documents executed by the BORROWER amounting to PESOS: ONE
MILLION ONLY (P1,000,000.00), subject to the following terms and conditions:
1. The CREDITOR BANK shall file a claim against the SURETY after the loan covered
by this Agreement has become past due and demandable.
2. The CREDITOR BANK shall assign to the SURETY, without recourse and without
any other conditions, all the CREDITOR BANK’S claims against the BORROWER
and to deliver all pertinent original documents and evidence of indebtedness,
including all promissory notes and agreements; checks issued by the
BORROWER; monthly statements of bank deposit; debit and credit memos;
communications to and from the BORROWER; and such other documents in the
possession of the CREDITOR BANK that the SURETY may need to enforce
collections of the debt;
3. Upon receipt of the claim of the CREDITOR BANK, together with the required
documents, on account of the past due loan, the SURETY shall exert its best
effort to effect payment of the outstanding unpaid principal loan balance within a
reasonable period of time, subject to the following limitations:
4. The ENDORSER that has endorsed the loan of the BORROWER shall be liable to
the SURETY for the total payments made by the latter to the CREDITOR BANK.
5. Accordingly, the ENDORSER shall collect the past due loan from the BORROWER
including principal, interest, penalties, foreclosure, litigation and other incidental
expenses.
6. The ENDORSER shall remit to the SURETY its collections on the defaulted loans
until such time the latter shall have recovered in full the amount of its exposure
on account of claims already paid.
7. Upon the failure of the ENDORSER to pay the SURETY on account of the past due
loan, the latter may also collect directly from the BORROWER including principal,
interest, penalties, foreclosure, litigation and other incidental expenses.
8. Any amount collected by the SURETY, after deducting collection and incidental
expenses, interest, penalties and other charges due, shall first be applied to the
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amount paid by the SURETY, any excess shall be paid to the CREDITOR BANK
until it is able to recover fully its loan exposure;
9. The SURETY and the CREDITOR BANK hereby agree to inform each other from
time to time about the business operations and credit performance of the
BORROWER and to set up, for that purpose, a periodic monitoring mechanism to
ensure that appropriate risk mitigating measures are installed promptly;
10. This surety agreement shall not cover any extension, renewal or novation of the
loan in the nature of new, separate and additional loans without approval of the
SURETY.
ENDORSER SURETY
By: By:
__________________________ _______________________
ACKNOWLEDGMENT
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BEFORE ME, a Notary Public, for and in _________________, on this _____ day
of _____________________, personally appeared the following:
Known to me and to me known be the same persons who executed the foregoing
Agreement and acknowledged to me that the same is their free and voluntary act and
deed, and that they are duly authorized for the purpose.
This document consisting of Four (4) pages including this page whereon this
Acknowledgment is written, signed by the parties and their witnesses on each and every
page thereof and thereafter sealed with my notarial seal, refers to a Surety Agreement
NOTARY PUBLIC
Doc.No. ______
Page No. ______
Book No. ______
Series of ______