SETTLEMENT AGREEMENT on the recovery of a portion of the debt on the approval of a refinancing loan
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SETTLEMENT AGREEMENT
city of Almaty "12" October 20.... years
We, the parties to the civil case on the recovery of the amount of debt on the claim of JSC "...................", hereinafter referred to as the "Plaintiff", represented by ............., acting on based on the power of attorney no.... dated 02/01/20..... of the year on the one hand, and gr. ..........., hereinafter referred to as the "Defendant", on the other hand, in order to resolve the dispute based on the provisions of the Housing Mortgage Loan Refinancing Program approved by the Resolution The Board of the National Bank of the Republic of Kazakhstan dated 04/24/20... for No. 69", considering that: •The Plaintiff has filed claims against the Defendant for recovery of a portion of the outstanding amount as of 12/08/2020... year under the Bank Loan Agreement No............ dated 12/01/20..... year, in the amount of 4,136,431.19 (Four million one hundred and thirty-six thousand four hundred and thirty-one) tenge 19 tiyn, under the Bank Loan Agreement No. 1233/40/00/2007 dated 12/02/2007, in the amount of 5,406,413.70 (Five million four hundred and six thousand four hundred and thirteen) tenge 70 tiyn.
SETTLEMENT AGREEMENT on the recovery of a portion of the debt on the approval of a refinancing loan
•The Plaintiff has decided to approve a loan for refinancing (restructuring) under the Housing Mortgage Loans/Mortgage Loans Refinancing Program approved by Resolution No. 69 of the Board of the National Bank of the Republic of Kazakhstan dated 04/24/2015 (hereinafter referred to as the "Refinancing Program"). The Parties have entered into this settlement agreement (hereinafter referred to as the "Settlement Agreement") in a civil case in accordance with the Refinancing Program, on the following terms: 1. The defendant acknowledges in full the amount of debt in the amount of 9 542 845 tenge. 2. By signing the Settlement Agreement, the Parties decided that the Defendant repays part of the outstanding amount in the amount of 5,577,384.21 tenge (hereinafter referred to as the "Refinancing Amount") as follows: - under the Bank Loan Agreement No............. from 12/01/20... in the amount of 2,404,901 tenge 96 tiyn, with payment of remuneration, strictly in accordance with the procedure, amount and terms determined by Repayment Schedule No. 1, which is an integral part of this Settlement Agreement - under the Bank Loan Agreement No. .......... dated 12/02/20... year, in the amount of 3,172,482 tenge 25 tiyn with payment of remuneration, strictly in accordance with the procedure, amount and terms determined by Repayment Schedule No. 2, which is an integral part of this Settlement Agreement. In accordance with the terms of the Refinancing Program and partial inflation compensation, debt repayment is carried out with the payment of remuneration at a fixed rate of 3% per annum of the Refinancing Amount. 3. In order to ease the debt burden, the Plaintiff is forgiving (writing off) the debt on remuneration, penalties and capitalization amounts for the refinanced loan under the Bank Loan Agreement No............. from 12/01/20... in the amount of 1,731,529.23 tenge, under the Bank Loan Agreement No.................... dated 12/02/20.... of the year in the amount of 2,233,931.45 tenge. 4. In order to comply with the terms of the Refinancing Program and implement the terms of this Settlement Agreement, the Parties decided to sign an Additional Agreement to the Bank Loan Agreement. In this case, in case of discrepancies between the terms of the Supplementary Agreement to the Bank Loan Agreement and this 1
The World AGREEMENT on recovery of a part of the amount of debt on approval of the loan for refinancing
The Parties are guided by the terms of this Settlement Agreement.5. For each day of violation of the repayment period established by the Repayment Schedule, the Defendant pays the Plaintiff a penalty (penalty) within ninety days of delay - in the amount of 0.5 percent of the amount of the overdue payment for each day of delay, after the expiration of ninety days of delay - in the amount of 0.03 percent of the amount of the overdue payment for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement. 6. In the event of a change in the terms of this Settlement Agreement or other refinancing/lending conditions initiated by the Defendant, the Defendant shall pay a commission/fee for each such change in accordance with the Plaintiff's tariffs. 7. By signing this Settlement Agreement, the Parties confirm that they have come to an agreement that if the Defendant violates the terms of this Settlement Agreement and/or the Repayment Schedule, which is an integral part of this Settlement Agreement, the amount owed under this Settlement Agreement, including the amount of the principal debt, overdue principal debt, accrued remuneration, overdue remuneration, penalties, will be collected by the Plaintiff prematurely and forcibly, by applying to the court to obtain a writ of execution for compulsory early recovery from the Defendant of the entire amount of debt, including the amount of the principal debt, overdue principal debt, accrued remuneration, overdue remuneration, including by foreclosing on mortgaged property.
SETTLEMENT AGREEMENT on the recovery of a portion of the debt on the approval of a refinancing loan
8. By signing this Settlement Agreement, the Defendant agrees and confirms that the terms of early compulsory debt collection specified in clause 7 of this Settlement Agreement are clear to him and unconditionally accepted by him. 9. The parties are aware and understand the consequences of the court's approval of this Settlement Agreement and the termination of the proceedings. 10. The Plaintiff and the Defendant know and understand the consequences of the court's approval of this Settlement Agreement, Articles 21, 194, paragraphs 5, 277, paragraph 2 of art. 278 of the Civil Procedure Code of the Republic of Kazakhstan have been explained to the Plaintiff and the Defendant, and they are aware of the consequences of terminating the civil case provided for in art. 278 of the Civil Procedure Code of the Republic of Kazakhstan. In this connection, the Plaintiff and the Defendant confirm that the terms of this The settlement agreements do not contradict the current legislation of the Republic of Kazakhstan and do not violate the rights and legitimate interests of the Plaintiff and the Defendant, as well as third parties. 11. The amount of the state fee paid in the amount of 286,285 tenge is subject to full refund from the budget. Appendix: Appendix No. 1 - Schedule for repayment of debt No. 1 under the Settlement Agreement, Appendix No. 2 - Schedule for repayment of debt No. 2 under the Settlement Agreement.
Details and signatures of the Parties Plaintiff: JSC "...................."Plaintiff's representative by proxy: ____________________ ( signature)__________________________________ (FULL NAME in words)
The defendant:
____________ (full name of the Respondent) (signature)_________________________________ (FULL NAME in words)
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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