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Aircraft Security Agreement

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Aircraft Security Agreement

OMB Control No. 2120-0042     Exp. 11/30/2014     AC 8050-98 (01/12)

Paperwork Reduction Act Statement: This information is collected to provide evidence of security interest. The information is used by the aircraft registry in the recording of security interests.

DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
CIVIL AVIATION REGISTRY
AIRCRAFT REGISTRATION BRANCH
P. O. Box 25504
Oklahoma City, Oklahoma 73125

A security interest is hereby granted to the secured party on the following described collateral:

AIRCRAFT

NOTICE: ENGINES LESS THAN 550 HORSEPOWER AND PROPELLERS NOT CAPABLE OF ABSORBING 750 OR MORE RATED SHAFT HORSEPOWER ARE NOT ELIGIBLE FOR RECORDING.

ENGINES

PROPELLERS

SPARE PARTS LOCATIONS

together with all equipment and accessories attached thereto or used in connection therewith, including engines of horsepower, or the equivalent, and propellers capable of absorbing rated takeoff shaft horsepower, described above.

FIRST:

The payment of all indebtedness evidenced by and according to the terms of that certain promissory note, herein below described, and all renewals and extensions thereof.

Note bearing date executed by the debtor and payable to the order of in the aggregate sum of $ with interest thereon at the rate of per centum per annum, from date, payable in installments as follows:

The principal and interest of said note is payable in installments of $ each on day of each successive month beginning with the day of . The last payment of $ is due on the day of .

ABOVE SPACE
FOR FAA USE ONLY

SECOND: The prompt and faithful discharge and performance of each agreement of the debtor herein contained made with or for the benefit of the secured party in connection with the indebtedness to secure which this instrument is executed, and the repayment of any sums expended or advanced by the secured party for the maintenance or preservation of the property mortgaged hereby or in enforcing their rights hereunder.

Said debtor hereby declares and hereby warrants to the said secured party that they are the absolute owner of the legal and beneficial title to the said aircraft and in possession thereof, and that the same is free and clear of all liens, encumbrances, and adverse claims whatsoever, except as follows:

It is the intention of the parties to deliver this instrument in the state of .

Provided, however, that if the debtor, their heirs, administrators, successors, or assignees shall pay said note and the interest thereon in accordance with the terms thereof and shall keep and perform all and singular the terms, covenants, and agreements in this security agreement, then this security agreement shall be null and void.

Time is of the essence of this security agreement. It is hereby agreed that, if default be made in the payment of any part of the principal or interest of the promissory note secured hereby at the time and in the manner therein specified, or if any breach be made of any obligation or promise of the debtor herein contained or secured hereby, or if any or all of the property covered hereby be hereafter sold, leased, transferred, mortgaged, or otherwise encumbered without the written consent of the secured party may deem himself insecure, then the whole principal sum unpaid upon said promissory note, with the interest accrued thereon, or advanced under the terms of this security agreement, or secured thereby, and the interest thereon shall immediately become due and payable at the option of the secured party.

Upon default, secured party may at once proceed to foreclose this mortgage in any manner provided by law, or the secured party may at its option, and they are hereby empowered so to do, with or without foreclosure action, enter upon the premises where the said aircraft may be and take possession thereof; and remove and sell and dispose of the same at public or private sale, and from the proceeds of such sale retain all costs and charges incurred by secured party in the taking or sale of said aircraft, including any reasonable attorney’s fees incurred; also all sums due him on said promissory note, under any provisions thereof, or advanced under the terms of this security, and interest thereon, or due or owing to the said secured party, under any provisions of this security agreement, or secured hereby, with the interest thereon, and any surplus of such proceeds remaining shall be paid to the debtor, or whoever may be lawfully entitled to receive the same. If a deficiency occurs, the debtor agrees to pay such deficiency forthwith.

Said secured party or his agent may bid and purchase at any sale made under this mortgage or herein authorized, or at any sale made upon foreclosure of this security agreement.

In witness whereof, the debtor has hereunto set hand and seal on the day and year first above

ACKNOWLEDGMENT:


ASSIGNMENT BY SECURED PARTY

For value received, the undersigned secured party does hereby sell, assign, and transfer all right, title, and interest in and to the foregoing note and security agreement and the aircraft covered thereby, unto the assignee named on the face of this instrument at the address given, and hereby authorizes the said assignee to do every act and thing necessary to collect and discharge the same.

The undersigned secured party warrants and agrees to defend the title of said aircraft hereby conveyed against all lawful claims and demands except the rights of the maker. The undersigned secured party warrants that the secured party is the owner of a valid security interest in the said aircraft.

Dated this day of .

ACKNOWLEDGMENT:

THIS FORM IS ONLY INTENDED TO BE A SUGGESTED FORM OF SECURITY AGREEMENT WHICH MEETS THE RECORDING REQUIREMENTS OF TITLE 49, UNITED STATES CODE, AND THE REGULATIONS ISSUED THEREUNDER.

SEND, WITH APPROPRIATE FEE, TO: AIRCRAFT REGISTRATION BRANCH
P.O. BOX 25504
OKLAHOMA CITY, OKLAHOMA 73125-0504

Paperwork Reduction Act Statement: The information collected is used to register an aircraft or hold an aircraft in trust.

PRIVACY ACT STATEMENT: Privacy Act of 1974 requires users of this form be informed of the authority, purpose, routine uses, and effects of not providing information.

This form is to be completed by the debtor/grantor of the encumbrance. This form meets the recording requirements of 49 USC Chap. 441 and the Federal Aviation Regulations.

The following routine uses are made of the information gathered:

(1) To determine that aircraft are registered in accordance with provisions of the Title 49, United States Code.

(2) To support investigative efforts of investigation and law enforcement agencies of Federal, State and foreign governments.

(3) To serve as a repository of legal documents used by individuals and title search companies to determine the legal ownership of an aircraft.

(4) To provide aircraft owners and operators information about potential mechanical defects or unsafe conditions of their aircraft in the form of airworthiness directives.

(5) To provide supporting information in court cases.

(6) To serve as a data source for management information for production of summary descriptive statistics and analytical studies in support of agency functions for which the records are collected and maintained.

(7) To respond to general requests from the aviation community or the public for statistical information under the Freedom of Information Act or to locate specific individuals or specific aircraft for accident investigation, violation, or other safety related requirements.

(8) To provide data for the automated aircraft registration master file.

(9) To provide data for development of the aircraft registration statistical system.

(10) To prepare an aircraft register in electronic media as required by ICAO agreement containing information on aircraft owners by name, address, N-Number, and type aircraft, used for internal FAA safety program purposes and also available to the public upon payment of applicable user charges.

(11) The aircraft records maintained by the Aircraft Registration Branch are public records and are open for inspection in Oklahoma City, Oklahoma.

PLEASE REMOVE THIS PORTION BEFORE SUBMITTING TO FAA.

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What an Aircraft Security Agreement Is and when it applies

An Aircraft Security Agreement is a written contract that creates a security interest in an aircraft or related equipment to secure repayment of an obligation. It identifies debtor and secured party, describes the aircraft collateral (manufacturer, model, serial number, N-number), and sets out rights on default. The agreement establishes perfection steps under UCC Article 9 and recordation practices used in aviation finance, including FAA recordation and any necessary state filings. Properly executed, it clarifies priority, remedies, and enforcement procedures for lenders, lessors, and owners.

Why an aircraft security agreement matters to lenders and owners

It creates and documents a legally enforceable lien, clarifies priority among creditors, permits repossession and sale on default, and supports FAA or state recordation necessary for third-party notice. Electronic execution under ESIGN and UETA preserves enforceability when consumer-disclosure and retention requirements are met.

Why an aircraft security agreement matters to lenders and owners

Typical parties that prepare or sign this agreement

The document is used in aviation finance, leasing, and secured sales where collateral is aircraft or related equipment.

  • Lenders and lessors who need a perfected security interest and clear enforcement rights.
  • Aircraft owners and operators documenting liens, subordination, or release terms for aircraft collateral.
  • Title agents, escrow agents, and legal counsel coordinating recordation with the FAA Aircraft Registry.

Parties should confirm signatory authority and follow recordation steps to protect priority and avoid costly disputes.

Representative signatories and their roles

Secured Lender

Head of secured lending or counsel who verifies debtor identity, reviews collateral description, confirms perfection steps under UCC Article 9, and ensures FAA recordation or UCC‑1 financing statement filing where applicable.

Aircraft Owner

Owner or authorized corporate officer who confirms legal name, authority to grant a security interest, acknowledges consideration, and executes signature and notary blocks as required for recordation or enforcement.

Core sections to include in a professional Aircraft Security Agreement

A complete agreement balances legal precision with clear practical steps for perfection and enforcement. Include these six sections to reduce ambiguity and support recordation.

Parties

Full legal names of debtor and secured party; entity type and jurisdiction of formation.

Collateral

Detailed aircraft description: manufacturer, model, serial number, registration (N-number) and accessories.

Security Grant

Language granting a security interest in described collateral, including after‑acquired property if applicable.

Obligations

Debt or payment obligations secured by the agreement and events of default.

Perfection

Steps for perfection and priority: FAA recordation, UCC‑1 filing, and any required notices.

Remedies

Accelerations, repossession, sale procedures, and rights after default, consistent with UCC and applicable law.

Essential data elements to collect

Debtor Name: Exact legal name
Secured Party: Legal entity name
Aircraft ID: Manufacturer, model, serial
Registration Number: U.S. N-number
Obligation Amount: Principal sum
Effective Date: MM/DD/YYYY

Step-by-step: completing the Aircraft Security Agreement

Follow these four steps to prepare, execute, and perfect a security interest in an aircraft.

  • 01
    Prepare: Draft agreement with full collateral description and repayment terms.
  • 02
    Review Authority: Confirm signatory authority and entity formation documentation.
  • 03
    Execute: All parties sign; notarize where required or use permitted RON process.
  • 04
    Perfect: Record with FAA Registry and file UCC‑1 where appropriate to protect priority.

Typical digital workflow settings for online completion

Configure a signing workflow that captures identity, audit trail, and a tamper-evident final PDF for FAA or UCC submission.

Field Configuration
Authentication Method Email link or SMS code; use strong auth for lenders.
Signature Order Sequential signing to ensure lender signs last or as agreed.
Attachments Required Attach aircraft title, bill of sale, and corporate resolutions.
Retention Policy Retain signed record for statutory period; export immutable PDF/A copy.

Digital signing and e‑submission workflow overview

Online completion shortens turnaround but must preserve identity evidence and the audit trail for FAA and UCC purposes.

  • Prepare Document: Upload template, insert fields, and attach supporting documents.
  • Invite Signers: Send secure signing links or use bulk send for multiple counterparties.
  • Authenticate: Use email, SMS, or stronger ID verification for high-value transactions.
  • Record: Export signed PDF with certificate; submit to FAA Registry and file UCC‑1 as applicable.

Technical requirements for electronic execution and submission

Choose a platform that creates an audit trail, supports PDF exports, and meets industry compliance requirements.

  • Document Formats: PDF and Word DOCX are standard for recordation and archiving.
  • Integrations: Connectors for NetSuite, Salesforce, and Google Workspace simplify document routing.
  • Authentication: Supports email links, SMS codes, and optional KBA or two‑factor methods.

Ensure the chosen platform provides tamper-evident PDFs, exportable audit reports, and export formats accepted by FAA or county recorders.

Timing considerations and common deadlines

Follow prompt execution and recordation practices to protect priority and minimize risk of intervening liens or claims.

Effective Date:

Date of execution governs obligations and priority calculations.

FAA Recordation:

Record as soon as possible after execution to provide public notice.

UCC Filing:

File UCC‑1 where applicable to support state-level perfection.

Cure Periods:

Contract may specify cure periods before acceleration or repossession rights.

Retention:

Maintain records according to regulatory and tax retention schedules.

Key milestones from negotiation to enforcement

A sequential view helps coordinate counsel, title, and registry actions to preserve priority.

01

Drafting

Agree collateral description and borrower covenants before execution.

02

Execution

Signatures, dates, and notarization or RON completed by authorized signers.

03

Recordation

Submit instrument to FAA Registry and file UCC‑1 financing statements as needed.

04

Enforcement

On default, follow remedies and sale procedures consistent with UCC and contract terms.

Common mistakes that delay perfection or create disputes

  • Using an incomplete aircraft description that fails FAA or UCC requirements, requiring corrections and re‑filing.
  • Mismatched debtor or secured party names between the agreement and filing documents, causing challenges to priority.
  • Omitting required supporting documents such as bills of sale or corporate resolutions for entity signers, slowing title verification.
  • Assuming remote notarization is accepted without confirming state or FAA acceptance, which can invalidate recordation.

Consequences of an incorrect or incomplete agreement

Loss of Priority: Competing lien may take precedence
Unenforceable Lien: Court may deny enforcement
Filing Rejection: Registry returns incomplete instruments
Increased Costs: Additional legal and filing fees
Operational Disruption: Aircraft use restricted during disputes
Litigation Risk: Potential damages and injunctions

Practical examples of how the agreement is used

Two typical scenarios illustrate drafting, execution, and recordation choices in real transactions.

Lender Financing

A regional bank provides purchase financing for a turboprop

  • Lender requires detailed serial and N-number information to perfect the lien
  • After execution the lender records the security instrument with the FAA and files a UCC‑1 to preserve priority; digital execution and a notarized signature speed closing while preserving enforceability.

Lease with Security

An aircraft lessor takes a security interest to secure lease obligations

  • Lessors include repossession procedures and insurance covenants in the agreement
  • The lessor coordinates execution, obtains a corporate resolution, and records the security interest to ensure effective remedies on lessee default.

Frequently asked questions about Aircraft Security Agreements

Answers to common execution, recordation, and enforceability questions for practitioners and transaction parties.


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