SBA Form 148L "Unconditional Limited Guarantee"

What Is SBA Form 148L?

SBA Form 148L, Limited Guarantee - or the Unconditional Limited Guarantee - is a form completed by a Guarantor of the loan that contains an unconditional promise to pay the debt owed on the loan if the Borrower fails to pay it. By signing the form the Guarantor agreed to pay all amounts owed under this Guarantee upon receiving a written demand from the Lender of the loan.

The latest version of the form was released by the Small Business Administration (SBA) in October 1998. An SBA Form 148L fillable version is available for download below.

The SBA Form 148 (Unconditional Guarantee) is a related form used for obtaining a loan guarantee from the Guarantor and is used when the 7(a) Loan Authorization requires a Full Unsecured Guarantee or a Full Secured Guarantee.

ADVERTISEMENT

SBA Form 148L Instructions

The SBA Form 148L is used whenever the Lender wishes to limit the scope of the Guarantor's liability for the loan. This may include limiting the duration of the Guaranty, the amount of the Guaranty, or limiting the Guarantor's obligation to their interest in any assets pledged to secure the repayment of the 7(a) loan.

The 7(a) Loan Authorization must provide information on whether the Guaranty is limited or not. Each Guarantor is required to complete and submit a separate Guaranty form in order to give the Lender more options when planning to liquidate a loan if that becomes necessary.

The SBA 148 and SBA 148L are among the set of forms required to close an 7(a) loan. The other closing forms include the following:

ADVERTISEMENT

Download SBA Form 148L "Unconditional Limited Guarantee"

1432 times
Rate
(4.5 / 5) 71 votes
U.S. Small Business Administration
U
L
G
NCONDITIONAL
IMITED
UARANTEE
SBA Loan #
SBA Loan Name
Guarantor
Borrower
Lender
Date
Note Amount
1.
GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note, as limited below.
Guarantor must pay all amounts owing under this Guarantee when Lender makes written demand upon Guarantor.
Lender is not required to seek payment from any other source before demanding payment from Guarantor.
2.
NOTE:
The “Note” is the promissory note dated ________________________________________ in the principal amount of
________________________________________________________________________________________ Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3.
DEFINITIONS:
“Collateral” means any property taken as security for payment of the Note or any guarantee of the Note.
“Loan” means the loan evidenced by the Note.
“Loan Documents” means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
“SBA” means the Small Business Administration, an Agency of the United States of America.
SBA Form 148L (10/98)
Page 1/6
U.S. Small Business Administration
U
L
G
NCONDITIONAL
IMITED
UARANTEE
SBA Loan #
SBA Loan Name
Guarantor
Borrower
Lender
Date
Note Amount
1.
GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note, as limited below.
Guarantor must pay all amounts owing under this Guarantee when Lender makes written demand upon Guarantor.
Lender is not required to seek payment from any other source before demanding payment from Guarantor.
2.
NOTE:
The “Note” is the promissory note dated ________________________________________ in the principal amount of
________________________________________________________________________________________ Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3.
DEFINITIONS:
“Collateral” means any property taken as security for payment of the Note or any guarantee of the Note.
“Loan” means the loan evidenced by the Note.
“Loan Documents” means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
“SBA” means the Small Business Administration, an Agency of the United States of America.
SBA Form 148L (10/98)
Page 1/6
4.
PAYMENT LIMITATION: (Check only one box)
BALANCE REDUCTION: The guarantee is of all amounts owing under the Note, and will continue until the total
of all amounts owing under the Note is reduced below $ _______________________ , at which time Guarantor
will be released from liability if the Note is not in default.
PRINCIPAL REDUCTION: The guarantee is of all amounts owing under the Note, and will continue until the
outstanding principal balance of the Note is reduced below $ ________________________ , at which time
Guarantor will be released from liability if the Note is not in default.
MAXIMUM LIABILITY: The guarantee is limited to Guarantor’s payment of $ ____________________ .
PERCENTAGE:
The guarantee is limited to Guarantor’s payment of
____________ % of all
amounts owing
under the Note at the time demand is first made on Guarantor, plus the same percentage of any accrued interest
and other costs charged to the Note after demand, until Guarantor fully performs this Guarantee.
TIME: The guarantee is of all amounts owing under the Note. The guarantee will continue until
_________ years after the date of the Note (the “Guarantee Period”). If Borrower is in default at the end of the
Guarantee Period, the guarantee will continue until all defaults are cured.
COLLATERAL/RECOURSE: The guarantee is limited to the amount Lender obtains from the
following Collateral pledged by Guarantor:
COMMUNITY PROPERTY OR SPOUSAL INTEREST: The guarantee is limited to Guarantor’s community
property or spousal interest in collateral pledged to secure the Note or any guarantee.
SBA Form 148L (10/98)
Page 2/6
5.
LENDER’S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor’s consent, and without
making demand upon Guarantor:
A.
Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B.
Refrain from taking any action on the Note, the Collateral, or any guarantee;
C.
Release any Borrower or any guarantor of the Note;
D.
Compromise or settle with the Borrower or any guarantor of the Note;
E.
Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F.
Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G.
Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H.
Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
6.
FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state
or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
7.
RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law,
A.
Guarantor waives all rights to:
1)
Require presentment, protest, or demand upon Borrower;
2)
Redeem any Collateral before or after Lender disposes of it;
3)
Have any disposition of Collateral advertised; and
4)
Require a valuation of Collateral before or after Lender disposes of it.
B.
Guarantor waives any notice of:
1)
Any default under the Note;
2)
Presentment, dishonor, protest, or demand;
3)
Execution of the Note;
4)
Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5)
Any change in the financial condition or business operations of Borrower or any guarantor;
6)
Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under
the Note; and
7)
The time or place of any sale or other disposition of Collateral.
C.
Guarantor waives defenses based upon any claim that:
1)
Lender failed to obtain any guarantee;
2)
Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3)
Lender or others improperly valued or inspected the Collateral;
4)
The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
SBA Form 148L (10/98)
Page 3/6
5)
Lender impaired the Collateral;
6)
Lender did not dispose of any of the Collateral;
7)
Lender did not conduct a commercially reasonable sale;
8)
Lender did not obtain the fair market value of the Collateral;
9)
Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor’s suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor’s consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
8.
DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or
dispose of any Collateral.
9.
SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes successors, and Lender includes successors and assigns.
10. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney’s fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor’s liability will continue even if SBA pays Lender. SBA is not a co­
guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender’s liens on Collateral.
F.
FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER’S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
I.
SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J.
CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Form 148L (10/98)
Page 4/6
11. STATE-SPECIFIC PROVISIONS:
SBA Form 148L (10/98)
Page 5/6
Page of 6