SECURITY AGREEMENT
This Security Agreement (“Agreement”) is entered this ______ day of ______________,
20___ by and between the Division of Consumer Protection (“Secured Party”), and
_____________________________________ (“Applicant”).
WITNESSETH
WHEREAS Applicant has applied with Secured Party for a certificate of registration
regarding:
o Telemarketing
o Health Spa
o Postsecondary Proprietary School
o Credit Services Organization
o Debt Management Company
Other __________________ ;
o
WHEREAS the applicable statute requires Applicant to provide a performance surety in
the form of a bond, letter of credit or certificate of deposit; and
WHERAS Applicant desires to comply with the surety requirement by granting to
Secured Party a security interest in that certain Certificate of Deposit Account No.
_____________________ (“Deposit Account”), which account is maintained by
_________________________________(“Bank”).
NOW THEREFORE, in consideration of their mutual covenants and promises contained
herein, the parties agree as follows:
1.
SECURITY INTEREST. Applicant hereby grants to Secured Party a security
interest in the Deposit Account, including all financial assets now or hereafter credited to the said
account, and all replacements or substitutions or other disposition of any kind of the foregoing
(“Collateral”). This security interest shall secure the full payment and performance of
Applicant’s obligations as determined by the Secured Party under the statutes and rules that are
applicable to the registration that it has applied for.
2.
PERFECTION OF SECURITY INTEREST. Applicant agrees to do all acts
which Secured Party deems necessary or desirable to protect the Collateral or to otherwise carry
out the provisions of this Agreement; including but not limited to the execution of a Deposit
Account Control Agreement.
3.
WARRANTIES. Applicant warrants that the Collateral is maintained with Bank
solely in Applicant’s name, that it has title to the Collateral and that there are no other claims
against the Collateral. Applicant covenants to notify Secured Party of any claim, lien, security
interest or other encumbrance made against the Collateral and shall defend the Collateral against
any claim, lien, security interest or other encumbrance adverse to Secured Party.
4.
MAINTENANCE OF COLLATERAL. Applicant shall preserve the Collateral
for the benefit of the Secured Party. So long as this Agreement is in force, neither the Applicant
nor any party other than the Secured Party may make withdrawals from the Deposit Account,