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Assignment of Life Insurance Policy as Collateral
1. Assignment. For value received, _______(1)_______, of _________(2)___________,
assignor, hereby assigns, transfers, and delivers to _________(3)___________,
of _________(4)_________, assignee, __(5)__ successors or assigns,
policy No. __(6)___, issued by ________(7)_________, insurer, and
any supplementary contract issued in connection therewith on the
life of ______(8)_________, of ________(9)__________, and all my
right, title, and interest therein except as provided in Section
3 hereof, subject to all the terms and conditions of the policy
and to all superior liens, if any, that insurer may have against
the policy.
2. Rights of assignee. Assignor agrees that the following specific
rights pass to assignee by virtue of this agreement:
a. The sole right to collect from insurer the net proceeds of the
policy when it becomes a claim by death or maturity;
b. The sole right to surrender the policy and receive the surrender
value thereof at any time provided by the terms of the policy and
at such other times as insurer may allow, and the full right to
obtain one or more loans or advances on the policy from insurer,
such rights subject however, to the provisions of Section 5a hereof;
c. The sole right to collect and receive all distributions or shares
of surplus, dividend deposits, or additions to the policy now or
hereafter made or apportioned thereto, and to exercise any and all
options contained in the policy with respect thereto; provided,
that unless and until assignee shall notify insurer in writing to
the contrary, the distributions or shares of surplus, dividend deposits,
and additions shall continue on the plan in force at the time of
this assignment; and
d. The sole right to exercise all nonforfeiture rights permitted
by the terms of the policy or allowed by insurer and to receive
all benefits and advantages derived therefrom.
3. Rights reserved by assignor. It is expressly agreed that so
long as the policy has not been surrendered, the following specific
rights are reserved and excluded from this assignment and do not
pass to assignee by virtue hereof:
a. The right to collect from insurer any disability benefit payable
in cash that does not reduce the amount of insurance;
b. The right to designate and change the beneficiary; and
c. The right to elect any optional mode of settlement permitted
by the policy or allowed by insurer.
4. Indebtedness secured. This assignment is made as collateral
security for any and all indebtedness of assignor to assignee, either
now existing or that may hereafter arise between assignor and assignee.
Assignee agrees to apply any and all money received from insurer
to the satisfaction of such indebtedness, and to pay to assignor,
his legal representatives, heirs, or assigns, any balance remaining
after payment of the indebtedness existing at the time of such payment.
5. Covenants of assignee. Assignee covenants that:
a. Assignee will not exercise either the right to surrender the
policy or, except for the purpose of paying premiums, the right
to obtain policy loans from insurer, until there has been default
in any of the then existing indebtedness secured by this assignment
or a failure to pay any premium when due, or until thirty (30) days
after assignee shall have mailed to assignor, at the address last
supplied in writing to assignee, notice of intention to exercise
such right, with specific reference to this assignment; and
b. Assignee will, on request, forward without unreasonable delay
to insurer the policy for endorsement of any designation or change
of beneficiary or any election of an optional mode of settlement.
6. Payment of charges on policy. Assignor agrees to pay, and assignee
shall be under no obligation to pay, any premium, or the principal
of or interest on any loans or advances on the policy whether or
not obtained by assignee, or any other charges on the policy. However,
any such amounts so paid by assignee shall become a part of the
indebtedness hereby secured, shall be due immediately, and shall
draw interest at the rate of _(11)_ percent (_(12)_%) per year from
date of payment.
Dated ________(13)____________, 19_(14).
_____________(15)______________
NOTICE
The information in this document is designed to provide an outline
that you can follow when formulating business or personal plans. Due
to the variances of many local, city, county and state laws, we recommend
that you seek professional legal counseling before entering into any
contract or agreement. |