Hero Fin Corp Loan Agreement
Hero Fin Corp Loan Agreement
CIN: U74899DL1991PLC046774
Registered Office: 34, Community Centre, Basant Lok Vasant Vihar New Delhi-110057
Email: [email protected]
Phone: 1800-102-4145
Website:www.herofincorp.com
Sr.
Parameter Details
No
Other disclosures
Instalment No Outstanding Principal(in Rupees) Principal(in Rupees) Interest(in Rupees) Instalment(in Rupees)
The Borrower expressly authorize/ consent to Lender, its various service providers or agents for collection and recovery to contact the
Borrower telephonically, through e-mails telephones, messages, SMS WhatsApp or other applications or otherwise even if the names of the
Borrower appear in the Do Not Call or Do Not Disturb Register to inform the Borrower about the Outstanding Dues under the Loan
Documents or any other aspect pertaining to any loan facilities availed or to be availed by the Borrower.
The Borrower also expressly declares that any modes of communication as detailed above from service provider of Lender and its
associates, affiliates and/or group companies will not cause any inconvenience to them and/or their family members. The Borrower
expressly and irrevocably consent that for any claim against the service providers, Lender shall not be liable and the claim of the Borrower
on this account shall be against the service provider and/or tele-callers.
The person(s) named in Schedule-I hereto as the Borrower and Co-Borrower (hereinafter collectively referred to as the "Borrower", which
expression shall, unless it be repugnant to the subject or context thereof, include his/her heirs, nominees, legal representatives, executors,
administrators, successors and permitted assigns) of the ONE PART.
AND
Hero FinCorp Limited, a company incorporated under the provisions of the Companies Act, 1956, a Non Banking Financial Company
registered under the provisions of the Reserve Bank of India and having its registered office at 34, Community Centre, Basant Lok, Vasant
Vihar, New Delhi-110057, India, (hereinafter referred to as "Lender" or " HFCL" which expression, unless repugnant to the context, shall
deemed to include its successors and assigns) of the OTHER PART.
The Borrower and Lender are hereinafter individually referred to as "Party" and jointly referred to as the "Parties."
In case of there being more than one Borrower (i.e. there being Co-Borrowers), the reference to the term Borrower shall be deemed to be
as if it were plural and this document shall be read accordingly as if made and liabilities taken by each of them jointly and severally.
Reference to the masculine gender includes reference to the feminine and neuter genders and vice versa.
The Borrower hereby irrevocably and unconditionally agrees to abide by the following terms and conditions:
1. Pursuant to the application made by the Borrower in the Loan Application Form (" Application"), Lender has sanctioned a loan facility
not exceeding the amount mentioned in the Schedule I ("Loan") and the Borrower agrees to borrow the same, subject to the terms
and conditions contained in the Application sanction letter, this Agreement and all other documents executed or entered into or to be
executed or entered into by the Borrower in relation to the Loan (hereinafter collectively referred to as "Loan Documents"). The
Borrower shall deliver to the Lender a duly completed and executed Disbursement Request Form as set out in Schedule II to this
Agreement. Lender may disburse the Loan or any part thereof ("Disbursement") at its own discretion. Borrower shall use the Loan
only for lawful purpose stated in the Application and not for any other purpose including making investment in the capital market or
any speculative or illegal or immoral or anti-social purpose Notwithstanding anything contained herein, Lender may at its sole
discretion and without assigning any reason, suspend or cancel or terminate the Loan and recall the entire Outstanding Dues, without
prior Intimation to the Borrower.
2. The Outstanding Dues shall collectively mean and include the all amounts payable by the Borrower to the Lender pursuant to the
Loan Documents including but not limited to the present and future obligations and liabilities of the Borrower to pay repay including
without limitation the principal amount of the Loan, Interest, default interest, default charges, Indemnities, any other charges, dues
and monies payable, costs and expenses reimbursable, as outstanding from time to time and all such expenses in respect of or
incidental to the borrowing or its recovery or realisation. Borrower shall pay interest on the Loan the unpaid due Interest and all other
outstanding charges and monies at the rate of Interest specified in Schedule I hereto, on the outstanding daily balance from the date
of Disbursement compoundable at monthly rests. Lender in its sole discretion would be entitled to change the said rate of interest
(prospectively) including on account of changes made by the Reserve Bank of India ("RBI"), on account of changes in the lending
rates, prevalent market practice, money market changes, reserve requirements, provisioning norms, or changes in Applicable law,
which would be intimated to the Borrower and binding. Any revision in the rate of interest shall be applicable on the Borrower
prospectively from the date of communication. The Borrower acknowledges that such revised interest shall be deemed to form part
of Outstanding Dues. Applicable rate of interest may be different for different categories of borrowers and may differ from one loan
to other loan. Borrower shall also pay and bear all interest tax, if any, as applicable from time to time. Borrower shall repay the Loan
and pay the interest that is due from time to time by way of equated monthly installments (EMIs) as specified in the Schedule-I or as
may be specified by Landers, from time to time (time being essence of contract). Borrower has perused, understood and agreed to
Lender's method of calculating EMIs as also the appropriation thereof into principal and interest.
3. Payment of all the monies by the Borrower including EMIs shall be made on or before the respective due dates, at such place as
Lender may require, without any set-off or counterclaim or withholding of deduction by way of one or more modes and instruments
including post-dated cheques ("PDCs ") /Standing instruction ("SI")/National Automated Clearing House ("NACH")/any other mode
/instrument as may be acceptable to Lender. If any due date falls on a non-Business Day of Lender, payment shall be made by the
Borrower on the immediately preceding business day of Lender. It is hereby clarified that "Business Day" shall mean a day (other than
Sunday, bank holiday, public holiday) on which the branch/office of the Lenders open for normal business transactions. In case of
cheques/other instruments, the payment shall be deemed to have been made by the Borrower only at the point of time the sum is
credited and realized fully in Lender's account irrespective of the date of instrument or time of receipt or presentation of instrument.
In case of any default by Borrower in the repayment of the Outstanding Dues, the Borrower shall without prejudice to Lender's
other rights and remedies, pay default/additional/penal interest at the rate mentioned in the Schedule I hereto or as may be
prescribed by Landers, over and above the then applicable rate of interest till full payment is made/default is cured. The
Borrower acknowledges that any Sums, Interest, default amounts including but not limited to the Default Interest under this
Agreement are reasonable and represent a genuine pre-estimate of the loss in the event of non-payment by the Borrower and/or
non-compliance with the terms of the Loan Documents. Further, the Borrower waives any defence available under usury or other
Applicable Laws relating to the charging of Interest/Default Interest.
4. Borrower shall pay Lender the charges, fees, commissions, etc, as specified in the Schedule-I/Application or as specified by Lender,
within such time or upon occurrence of such events as specified and if not specified then forthwith upon demanded by Lender. All
other present and future costs and expenses, taxes (as applicable), any related levy, stamp duty, in all jurisdictions, in relation to the
this/other documents/any transaction pursuant thereto, irrespective of who the beneficiary is, shall be borne and payable solely by
the Borrower, including for creation, enforcement, preservation of security, recovery, initiating/defending/pursuing
This document is digitally signed any legal
proceedings/actions by Lender. In case of any such sums if paid or incurred by Lender, the Borrower shall be liable to reimburse the
same forthwith to Lender in full.
SAJIN PURUSHOTHAMAN MANGALATHU
5. Any Payment made by/on behalf/for the Borrower or any realisations in relation to Dec
Thu, the Loan, security,
7, 2023 16:24:09shall
IST be appropriated towards
Outstanding Dues in the following order: (a) towards costs and expenses incurred
Delhiby Lender; (b) towards any charges, commissions,
fees, taxes, levies (wherever applicable); (c) towards additional/default interest; (d) towards interest; and (e) towards principal amount
(s). Any statement of account furnished by Lender shall be accepted and be binding on Borrower and shall be conclusive proof of
correctness of amounts mentioned therein except for any manifest error therein.
6. Notwithstanding anything stated in any document, the continuation of the Loan shall be at sole and absolute discretion of Lender
and Lender may at any time in its sole discretion and without assigning any reason call upon the Borrower to pay Outstanding Dues
and upon such demand, Borrower shall pay the whole of Outstanding Dues to Lender without any delay or demur.
7. Borrower's liability shall not be affected, terminated or prejudiced by death, insolvency, bankruptcy of Borrower, but shall continue in
full force, effect and shall be binding on Borrower's successors, heirs etc.
8. Lender at its sole discretion shall have the right to (i) revise or reschedule the repayment terms; or (ii) store financial, identity and
other data/information of the Borrower; or (iii) inspect books of accounts and other records maintained by the Borrower; or (iv) recall
the entire Outstanding Dues of the Borrower at any time.
9. The Borrower shall be entitled to prepay the Loan: (i) only if Lender permits the same upon at least 15 (fifteen) days' written notice
from Borrower communicating intention to prepay the said Loan and (ii) subject to such conditions as Lender may prescribe including
payment of the prepayment charges as mentioned in the Schedule I hereto or as specified from time to time by Lender. There shall be
no prepayment or foreclosure charges on floating rate term loans sanctioned for purposes other than business to an individual
borrower with or without co-borrower.
10. Lender may at its own discretion and upon Barrower's request, also finance the Borrower for the insurance premium of insurance
policy taken by Borrower as per Borrower's own wish from any insurance company of Borrower's choice, which sum shall be added to
the principal amount under the Loan and all the terms and conditions shall be additionally applicable thereto. All expenses, charges,
fees, taxes etc as applicable on any such insurance shall be incurred and paid by Borrower, however, in case paid by Lender on
Borrower's behalf, Borrower shall reimburse the same to Lender within 24 (twenty four) hours of Lender's demand. The Borrower
shall instruct the insurance company to add Lender as loss payee in any such insurance policy.
11. Disbursement under the Loan shall be subject to Borrower having been provided the following documents as per Lender's
satisfaction: (a) duly executed counterpart of this Agreement and such other documents as per the sanction letter and/or as required
by Lender including without limitation, the Disbursement Request Form (as set out in Schedule II); (b) latest financial statements,
bank statements, ITR, KYC documents including proof of identity, proof of address, date of birth proof of Borrower, as requested by
Lender ; (c) PDC, NACH mandate forms, security post dated cheques (SPDC), as may be required by the Lender.
12. Each of the Borrowers represent(s) and warrant(s) that (which shall be deemed to have been repeated to Lender on the date of the
Disbursement and on each date thereafter): (a) Borrower is a citizen of India and a major (in terms of age) and is of sound mind and is
competent to contract and enter into and perform his/her obligations contemplated under this Agreement/Other Loan Documents in
respect of the Loan; (b) There is no impediment or restriction, whether under law, judgement order, award contract or otherwise, for
any of the Borrower entering into and/or performing any of the transactions contemplated by this Agreement/other Loan Documents
in respect of the Loan and all approvals and consents, wherever necessary have been duly obtained and are and will continue to be in
full force; (c) The execution hereof constitutes legal, valid and binding obligations of Borrower; (d) There is no event of default
existing or continuing; (e) All declarations made by Borrower are true and complete and no information has been suppressed
/withheld; (f) There are no arrears on taxes or other statutory dues and has completed all necessary filings; (g) The "Know Your
Customer" (" KYC") requirements of the lender have been and shall be fulfilled and all other terms and conditions as maybe prescribed
by RBI or by the Lender from time to time have been and shall be complied with; (h) No suit, litigation, proceeding, investigation,
corporate action, creditor's process etc. by any government authority or any court or tribunal or any other person is ongoing or
pending or threatened against the Borrower or in respect of its assets.
13. Borrower covenants and agrees that, except with prior specific and express written consent of Lender, Borrower shall not (a) create,
assume or incur any indebtedness to any person or lend/advance any amount to any person or undertake any guarantee/security
obligation; (b) go abroad for employment/business or long term stay; (c) change/cease/retire from/terminate/resign from present
employment/profession/business disclosed in the Application. The Borrower undertakes that in case Borrower changes its name,
address, employment, place of employment, main bank account, nationality, citizenship etc. Borrower shall intimate the same to
Lender in writing immediately.
14. If the PDC/SPDC delivered to Lender by the Borrower pursuant to this Loan or this Agreement, is lost, destroyed or misplaced while in
the custody of Lender becomes non encashable due to death, insolvency, lunacy, expiry of validity, termination of authority, then in
any of such events, the Borrower or its heirs shall within three (3) days of intimation of the same, from Lender or immediately on the
said PDC/SPDC being non encashable due to the reasons mentioned herein or for any other reason, deliver to Lender such numbers
of PDC/SPDC as may be required by the Lender (in place of those that have been lost, destroyed, misplaced or become non
encashable).
15. The Borrower shall sign and execute all documents, applications and provide requisite information and documents as required for
affecting the transfers through NACH/SI/Direct Debit by Lender with which the Borrower's account is maintained. The NACH/Direct
Debit Mandate Form delivered to Lender by Borrower pursuant this Loan, shall not be changed, modified, countermanded without the
prior written permission of Lender.
16. The Borrower undertakes and agrees to Indemnify, keep indemnified and hold harmless Lender, its affiliates, representatives, agents,
officers, directors, employees and assigns (each an "Indemnified Party") from and against any and all losses, claims, actions,
proceedings, demands, damages, costs and expenses incurred including attorneys' and accountants' fees (collectively "Losses") to
which any Indemnified Party may become subject to, insofar as such Losses arise out of, in any way relate to, or result from: (i) any
information provided or approved by the Borrower being misleading or deceptive in any respect;(ii) failure by the Borrower to comply
with/fulfil any obligation, undertaking, covenant or condition contained in this Agreement or any other Loan Documents; (iii) Breach
by the Borrower of any representation and warranty; (iv) any act or omission that constitutes a violation of Applicable Law by the
Borrower; (v) occurrence of any Event of Default or any cause thereof; (vi) any default made by the Borrower in the repayment of the
Outstanding Dues or in the performance of its obligations in accordance with this Agreement or any other Loan Documents; (vii) any
delay in payment of any sums payable or reimbursable by the Borrower to Lender under or pursuant to this Agreement. Further,
This document is digitally signed
Borrower acknowledge the inherent risks involved in sending the instructions/communications/documents to or by Lender via
facsimile, emails or any other electronic mode and hereby agree and confirm that all risks shall be fully borne by the Borrower and the
Borrower hereby assumes full responsibility for the same, and undertakes to indemnify Lender and keepMANGALATHU
SAJIN PURUSHOTHAMAN Lender indemnified and
Thu, demands
harmless at all times from and against any and all Losses including any claims and Dec 7, 2023
by16:24:09
any third IST
party or any other actions
Delhi
IN WITNESS WHEREOF, the Parties, have duly executed this Agreement, as of the day, month and year first aforesaid
Important Instructions:
CUSTOMER DETAILS
Application No : 57941671
LAN No :
CHEQUE DETAILS
Sr. Cheque Numbers Date of Cheque No. of A/C Type (Savings Name of Bank & Account Purpose(EMI/PEMI
No. Ranging Ranging Cheques /Current) Branch No. /SPDC)
From To From To
I/We declare that I/We have not given any cheques other than the ones mentioned above and all cheques are drawn in favour of "Hero
FinCorp Limited",
Thanking you
Account Holder Name : FRANCISXAVIER DAVID KUMAR Account Holder Signature ____________________
Place:
Date:
Received By:
Sr.
Particulars Details
No
3 Borrower's Details
Father / Husband's
b)
Name:
f) Email: [email protected]
h) PAN: CDZPD2892K
4 Co-Borrower's Details
a) Name:
Father / Husband's
b)
Name:
c) Mother's Name:
d) Address:
e) Occupation:
f) Email:
g) Phone Number:
h) PAN:
5 Loan Details
g) Tenure: 36 months
6 Interest Details
7 Repayment Details
a) Repayment Schedule: Repayment Schedule will be shared separately after Loan Disbursement
Date of Commencement
e) 05/01/2024
of First EMI:
8 Other Details
5% on the principal outstanding (Foreclosure of the loan shall be allowed only on or after the third
Pre-closure/foreclosure
b) EMI due date. At the time of loan foreclosure, total due amount including EMI and foreclosure
Charges:
charges shall have to be paid by the customer.)
c) Default Charges:
Mandate re-
e) presentation / dishonor INR 350 To be applied once a month on first Mandate/NACH Bounce
charge (in Rupees):
g) Advance EMI:
k) Other Charges:
GST and all other applicable taxes statutory levies, if any will be charged additionally
SMA/NPA Classification
Loan accounts classified as NPAs may be upgraded as "Standard" SMA-2 : More than 60 days and upto 90 days
asset only if entire arrears of interest and principal are paid by the
borrower. NPA : More than 90 days
Dear Sir,
I/We have been sanctioned a personal Loan of 289,000 -(Rupees only) by Hero FinCorp Limited("Lender").I/We wish to take the
disbursement of my loan and request you to disburse the following amount by a Demand Draft/Cheque/Electronic transfer to the
following.
Sr.No Account Holder Name Account Number Bank Name & Branch IFSC Code Amount to be disbursed*
* The final disbursement amount may change on the basis of broken period interest accrued on the disbursal date.
INR 275,084 of the aggregate Loan amount has already been disbursed to us.
All the representations and Warranties contained in the personal Loan Agreement are true and correct on the date hereof as if each
was made with respect to the facts existing on such date;
No Event of Default or potential Event of Default has occurred or is continuing and further, no such event has happened which would
result in a material adverse effect;
All the necessary certificates and documentation required by Lender is attached herewith or has already been made available to
Lender.
The Proceeds of the proposed disbursement shall be used for the purposes as stated in the Personal Loan Agreement;
This disbursement shall be subject to credit limit fixed by Lender from time to time and we shall not protest the decision of Lender in
this regard;
We agree and undertake to repay the disbursed amount of the loan facility as per the repayment schedule and in accordance with the
Personal Loan Agreement and further agree and acknowledge that Lender shall be entitled to demand immediate repayment of the
disbursed amount if any installment of interest/principal installment remain unpaid on the due date for payment thereof;
This Disbursement Request Form is irrevocable.
Name Signature
Co-
Name
Borrower
Infocredit Services Private Limited (hereinafter “Prefr”, “CreditVidya”, “Us”, “Our”, “We”, which shall mean and include its affiliates,
successors and assigns) owns and operates mobile application under the brand name of Prefr and website, www.creditvidya.com, under
the brand name CreditVidya (collectively referred to as “Platform”).
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THIS POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS THE USER OF THE PLATFORM, AND PREFR, AS THE OWNER OF THE
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YOU MUST BE A NATURAL PERSON, CITIZEN OF INDIA WHO IS ATLEAST 18 YEARS OF AGE AND ELIGIBLE TO ENTER INTO A BINDING
CONTRACT UNDER THE INDIAN CONTRACT ACT, 1872.
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1. Services
We act as a technology and service provider for facilitating the provision of loans to You through Our financial partners such as banks
and NBFCs (“Lending Partners”) and provide ancillary services to Our Lending Partners in relation to the loans they provide to You.
Information that We Collect: We collect the following information from You with Your explicit consent per instructions from Lending
Partners for processing Your loan application:
1. Name,
2. Mobile number,
3. Gender,
4. PAN number,
5. Personal email id,
6. Work email id,
7. Pin code,
8. Employer name,
9. Mother’s name,
10. Current residential address,
11. Office address,
12. Bank account number,
13. Bank statements,
14. Aadhar card, This document is digitally signed
We do not access mobile phone resources like file and media, contact list,call logs, telephony functions and others or collect any
biometric data. However, we may take a one-time access of Your camera for uploading a selfie image, microphone, location or any
other facility for the purpose of KYC and loan onboarding journey.
We may receive information related to Your loan transactions from Our Lending Partners if We are providing ancillary services to the
Lending Partner such as collection of outstanding dues with respect to loan product provided to You by Lending Partners or for
processing of Your loan application. We may share such information with Our subcontractors who will be using this information to
provide services as outsourced to Us by Our Lending Partner.
Sharing of information: We share the aforesaid information with Lending Partners and third parties for authentication through OTP,
to contact You regarding any loan product You display interest in or for completing a loan application, KYC check, collection of KYC
documents, bank authentication purpose, to perform employment checks, for NACH registrations, and loan repayment purposes.
For details of Our Lending Partners, You may refer to website link of Our Lending Partners which we publish on Our Platform.
Please note that any information collected for loan application processing shall be collected with Your explicit consent, detailing the
purpose of collection.
We fetch Your credit report (“Report”) from credit bureaus such as CIBIL and CRIF as Your agent after obtaining Your explicit consent
and authorisation.
Information that We Collect: We collect Your name, gender, email ID, and PAN to establish Your identity for this purpose.
Sharing of Report: This Report is provided to You and is not shared with any third party.
On provision of information as mentioned in this Clause, You provide Your express consent to Us to use the information for the purpose
stated in this Clause in accordance with this Policy.
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Sharing of information: We share Your information with third parties and Lending Partners to provide effective customer support
Services
By writing to us, You provide Your express consent to Us to use the information listed in this Clause for purposes mentioned in this Clause.
D. Cookies:
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With respect to the information collected by Us to provide Services, You have the following rights available to You:
Right to deny:
You may deny consent to provide any information required by Us, restrain Us from sharing information with Lending Partners or third
parties (as the case maybe), refuse storage of information or not provide Us the right to contact You.
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right to require the Platform to delete/ forget the data relating to You. Right toThis
withdraw consent
document includes
is digitally consent provided to Us
signed
previously for specific use of information, storing of information, sharing Your information with third parties and Lending Partners
and consent to contact You.
SAJIN PURUSHOTHAMAN MANGALATHU
Thu,
Basis Your request, We shall purge the information provided by You if there is no Decrequirement
legal 7, 2023 16:24:09 IST such information.
to retain
Delhi
However, Lending Partner may contact You regarding the loan application and payment of dues and shall continue processing Your
information, if Your application for provision of loan was sent to Lending Partner or if You have availed any loan from Our Lending
Partner till all dues of loan are paid. The Lending Partner may store Your information for as long as required to be stored per
applicable laws. The Lending Partner may also require Us to retain information in circumstances when the Lending Partner has
outsourced any services in relation to loan product such as collection of dues to Us and in such cases, We will be required to retain
Your information.
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We disclaim all liability and responsibility for the authenticity of the information provided by You to Us. However, You have the right to
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We are an ISO 27001 certified organization and have information security management system framework in place that ensures up-to-date
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In the scenarios where personal information collection is mandatory, for instance any information required to pull bureau report or for loan
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We retain Your minimal information for as long as it is necessary for providing You the Services available on the Platform or for carrying out
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SAJIN PURUSHOTHAMAN MANGALATHU
Thu, Dec 7, 2023 16:24:09 IST
Delhi
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Dear Sir,
FRANCISXAVIER DAVID KUMAR has applied / received a loan of INR 289,000 from Hero FinCorp Limited (hereinafter referred to as
“Lender”) on 06/12/2023
I/We declare that utilization of the loan received from the lender, for the said purpose, Other emergency will be in compliance with the
applicable State and National level Environmental, Social and Governance (ESG) Regulations.
I/ we will also ensure compliance with any amendments in the existing ESG regulations during the lending period.
Signature: 57941671_2401:4900:607d:6278::235:
9867_FRANCISXAVIER DAVID KUMAR_07-12-2023 07:48:29
ACKNOWLEDGEMENT
I/We, FRANCISXAVIER DAVID KUMAR S/o / D/o / W/o R/o have received the copy of all the Loan Documents including Sanction Letter
Personal Loan Agreement dated 07/12/2023 along with its Schedules attached there to. I/We also hereby confirm that the contents of the
copy of Loan Documents have been explained to me in the language understandable by me/us. I/We have understood the meaning of all
the provisions/contents of the Loan Documents and have voluntarily executed the said Loan Documents upon understanding the content
therein.
57941671_2401:4900:607d:6278::235:9867_FRANCISXAVIER ____________________
DAVID KUMAR_07-12-2023 07:48:29 Signature of Co-Borrower
Signature of Borrower