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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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ASSIGNMENT
OF LIFE INSURANCE POLICY AS COLLATERAL
Contract issued
in connection therewith on the life of _________________, of
____________________,
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
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:
1. Assignment.
For value received, ________________, of ______________________,
assignor, hereby
assigns, transfers, and delivers to ______________________, of
____________________,
assignee, ______ successors or assigns, policy No. _______, issued by
___________________,
insurer, and any supplementary
surplus,
dividend deposits, and additions shall continue on the plan in force at the time
of this
assignment; and
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.
Dated
______________________, 19_(14).
_____________________________
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 ____ percent (____%) per year from date of
payment.
Dated
________________________, 19_____.
____________________________
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