Agriculture Funding Contract

Agriculture Funding Contract

This Agriculture Funding Contract ("Contract") is made and entered into on this [Day] day of [Month], 2050 ("Effective Date"), by and between [Your Company Name], a [State] corporation with its principal office located at [Your Company Address] ("Lender"), and [Borrower's Name], an individual/entity with its principal office located at [Borrower's Address] ("Borrower").

Recitals

WHEREAS, Lender is engaged in the business of providing financial support to agricultural operations and is committed to promoting sustainable agricultural practices;

WHEREAS, Borrower is engaged in agricultural activities and seeks financial assistance to support and expand these activities to achieve greater productivity and sustainability;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:

1. Definitions

1.1 Loan Amount

The term "Loan Amount" shall refer to the total sum of money loaned by Lender to Borrower under the terms of this Contract, as specified in Section 2.

1.2 Purpose

The term "Purpose" shall refer to the specific agricultural activities and related purposes for which the Loan Amount is intended, as detailed in Section 3.

1.3 Repayment Term

The term "Repayment Term" shall refer to the period during which the Loan Amount is to be repaid by Borrower, as specified in Section 5.

1.4 Interest Rate

The term "Interest Rate" shall refer to the annual percentage rate at which interest is charged on the outstanding Loan Amount.

1.5 Event of Default

The term "Event of Default" shall refer to any of the occurrences listed in Section 8 that allows Lender to demand immediate repayment of the entire outstanding balance of the Loan Amount.

1.6 Collateral

The term "Collateral" shall refer to the assets pledged by Borrower to secure the repayment of the Loan Amount, as specified in Section 7.

2. Loan Amount and Disbursement

2.1 Amount

Lender agrees to loan Borrower the sum of [Amount] dollars ($[Amount]) ("Loan Amount"), to be used exclusively for the purposes outlined in this Contract.

2.2 Disbursement

The Loan Amount shall be disbursed to Borrower’s designated account upon execution of this Contract and completion of all necessary formalities, including but not limited to verification of Borrower’s creditworthiness and the provision of any required Collateral.

2.3 Disbursement Schedule

The Loan Amount may be disbursed in one lump sum or in multiple installments, as agreed upon by the parties and detailed in Exhibit A attached hereto.

3. Purpose of the Loan

3.1 Use of Funds

Borrower agrees to use the Loan Amount exclusively for the following purposes:

  • Purchase of agricultural inputs such as seeds, fertilizers, and pesticides;

  • Upgrading of farming equipment;

  • Expansion of irrigation systems;

  • Development of sustainable farming practices;

  • Any other purposes agreed upon in writing by both parties that directly relate to the agricultural operations of Borrower.

3.2 Prohibition of Fund Diversion

Borrower covenants that the Loan Amount will not be used for any purposes other than those explicitly stated in this Contract. Any deviation from the specified use of funds must receive prior written approval from Lender.

3.3 Documentation and Reporting

Borrower agrees to maintain accurate records of all expenditures related to the Loan Amount and to provide Lender with periodic reports detailing the use of funds, progress of funded projects, and any other information reasonably requested by Lender.

4. Interest Rate and Fees

4.1 Interest Rate

The Loan Amount shall bear interest at a rate of [Rate]% per annum. This interest rate shall remain fixed for the duration of the Loan Term unless otherwise agreed upon in writing by both parties.

4.2 Calculation of Interest

Interest will be calculated on a 365-day year basis and charged on the principal amount remaining after each payment. Interest shall accrue from the date of disbursement of the Loan Amount.

4.3 Additional Fees

Borrower agrees to pay any additional fees associated with the loan, including but not limited to origination fees, processing fees, and any late payment penalties as specified in Section 5.4.

4.4 Prepayment Penalties

There shall be no penalties for prepayment. Borrower may prepay the Loan Amount in whole or in part at any time without incurring additional charges.

5. Repayment

5.1 Repayment Schedule

Borrower shall repay the Loan Amount including accrued interest in [Number] equal installments of [Amount] dollars each, commencing on [Start Date] and thereafter on the [Day] of each month.

5.2 Method of Payment

All payments shall be made by [payment method], payable to [Your Company Name], and sent to [Your Company Address] or such other place as Lender may designate in writing.

5.3 Late Payment

Any payment not received within [number] days of the due date shall be subject to a late fee of [percentage]% of the overdue amount, plus interest at the rate of [percentage]% per annum until paid.

5.4 Allocation of Payments

Payments received shall be applied first to any accrued and unpaid interest, then to any outstanding fees, and finally to the principal balance.

6. Representations and Warranties

6.1 Borrower’s Representations

Borrower represents and warrants to Lender that:

  • Borrower has the legal right and authority to enter into this Contract;

  • The execution, delivery, and performance of this Contract do not violate any law or conflict with any other agreement to which Borrower is a party;

  • All financial information that has been or will be supplied to Lender is true, accurate, and complete;

  • Borrower is not in default under any other agreement or obligation that would materially affect Borrower's ability to perform under this Contract.

6.2 Lender’s Representations

Lender represents and warrants to Borrower that:

  • Lender has the legal right and authority to enter into this Contract;

  • The execution, delivery, and performance of this Contract do not violate any law or conflict with any other agreement to which Lender is a party.

7. Collateral

7.1 Security Interest

As security for the prompt and complete payment and performance of all of Borrower’s obligations under this Contract, Borrower hereby grants to Lender a security interest in the following Collateral:

  • All crops currently grown or to be grown on the farmland described in Exhibit B attached hereto;

  • All farming equipment listed in Exhibit C attached hereto;

  • Any other assets as agreed upon by the parties and listed in Exhibit D attached hereto.

7.2 Perfection of Security Interest

Borrower agrees to execute and deliver to Lender any and all documents necessary to perfect and maintain the security interest granted herein, including but not limited to financing statements, security agreements, and any other documents required by applicable law.

7.3 Maintenance of Collateral

Borrower shall maintain the Collateral in good condition and repair, and shall not sell, transfer, or otherwise dispose of any part of the Collateral without the prior written consent of Lender.

7.4 Insurance

Borrower shall maintain insurance on the Collateral against loss or damage in an amount not less than the outstanding balance of the Loan Amount. Lender shall be named as an additional insured on all such policies.

8. Default and Remedies

8.1 Events of Default

The occurrence of any of the following shall constitute an Event of Default under this Contract:

  • Failure by Borrower to make any payment due under this Contract within [Number] days of the due date;

  • Any representation or warranty made by Borrower proving to be false or misleading;

  • Insolvency or bankruptcy of Borrower;

  • Borrower’s failure to comply with any covenant or obligation under this Contract.

8.2 Remedies

Upon an Event of Default, Lender may, at its option, take any or all of the following actions:

  • Declare the entire outstanding balance of the Loan Amount and all accrued interest immediately due and payable;

  • Take possession of and sell or otherwise dispose of the Collateral in accordance with applicable law;

  • Exercise any other rights and remedies available to Lender at law or in equity.

8.3 Notice of Default

Lender shall provide Borrower with written notice of any Event of Default and shall allow Borrower [Number] days from the date of such notice to cure the default, if curable.

9. Miscellaneous

9.1 Governing Law

This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflicts of law principles.

9.2 Entire Agreement

This Contract constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written.

9.3 Amendments

No amendment or modification of this Contract shall be valid or binding unless in writing and signed by both parties.

9.4 Notices

All notices required or permitted under this Contract must be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or sent by a recognized overnight courier service to the addresses set forth above or such other address as either party may specify in writing.

9.5 Waivers

No delay or omission by either party in exercising any right under this Contract will operate as a waiver of that or any other right. A waiver or consent given on any one occasion is effective only in that instance and will not be construed as a bar or waiver of any right on any other occasion.

9.6 Severability

If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision shall be reformed to the minimum extent necessary to correct any invalidity or unenforceability while preserving to the maximum extent the rights and commercial expectations of the parties.

9.7 Counterparts

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

9.8 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Contract due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, or government actions. The affected party shall promptly notify the other party of the occurrence of any such event and shall use its best efforts to mitigate the impact of such event on the performance of its obligations.

IN WITNESS WHEREOF, the parties hereto have executed this Agriculture Funding Contract as of the Effective Date.

[Your Company Name]

By:


[Your Name]
[Your Title]
[Date]

[Borrower's Name]

By:


[Name]
[Title]
[Date]

Exhibits

Exhibit A: Disbursement Schedule

Disbursement Date

Amount

[Date 1]

$[Amount 1]

[Date 2]

$[Amount 2]

Exhibit B: Description of Farmland

Field Number

Location

Size (Acres)

1

[Location 1]

[Size 1]

2

[Location 2]

[Size 2]

Exhibit C: List of Farming Equipment

Equipment Name

Make and Model

Serial Number

Tractor

John Deere 8R

JD123456

Harvester

Case IH Axial-Flow

CH789012

Exhibit D: Additional Collateral

Asset Description

Value

[Asset 1]

$[Value 1]

[Asset 2]

$[Value 2]

By adhering to the terms and conditions outlined in this comprehensive Agriculture Funding Contract, both [Your Company Name] and the Borrower commit to a transparent, accountable, and mutually beneficial financial relationship.

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