Legal Bail Assignment

LEGAL BAIL ASSIGNMENT

This Legal Bail Assignment (the Agreement) is made as of by and between Assignor: and Assignee: .

RECITALS

WHEREAS, Assignor is the holder of certain rights, interest and security (including collateral and indemnity rights) relating to a bail bond issued for Defendant: , Case Number: , in the (Jurisdiction: ) secured by Bail Bond No.: in the penal sum of $ (the Bond).

WHEREAS, Assignor provided or controls certain collateral and/or indemnity obligations as security for payment and performance of obligations arising under the Bond and related agreements; and

WHEREAS, Assignor desires to assign, transfer and convey to Assignee, and Assignee desires to accept, all rights, title, interest and remedies of Assignor in and to such collateral and related claims subject to the terms and conditions set forth below.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Assignment

1.1 Assignment. Assignor hereby irrevocably assigns, transfers and conveys to Assignee all of Assignor’s right, title and interest in and to: (a) the Bond specified above; (b) any and all collateral, security interests, liens, pledges, deposits, escrow holdings and other property now or hereafter held by Assignor as security for obligations related to the Bond; and (c) any claims, causes of action, refunds, recoveries, subrogation rights, reimbursement rights and demands related thereto (collectively, the Assigned Rights).

1.2 Scope. The Assigned Rights include, without limitation, the right to collect, reimburse, set off, enforce, foreclose, liquidate, and otherwise realize upon any and all collateral and to pursue all remedies at law and in equity against any obligor, principal, indemnitor or third party.

2. Consideration

As consideration for the Assignment, Assignee shall pay to Assignor the sum of $ or other mutually agreed consideration as set forth in a separate contemporaneous agreement. The parties acknowledge that such consideration is adequate and bargained for.

3. Security; Collateral

3.1 Security Interest. Assignor grants to Assignee a present and continuing security interest in and to the Assigned Rights, and authorizes Assignee to take any steps necessary to perfect, enforce or continue such security interest.

Cash, currency or deposit accounts
Real property interests
Personal property, chattels, instruments
Other (describe):

4. Representations and Warranties

Assignor represents and warrants to Assignee that: (a) Assignor is the lawful owner of the Assigned Rights and has full power and authority to assign the same free and clear of any undisclosed liens, encumbrances or third-party claims except as disclosed in writing to Assignee; (b) no consent of any third party is required to effectuate this Assignment other than those consents identified in the Collateral Description; (c) the execution and performance of this Assignment will not violate any agreement to which Assignor is a party; and (d) all information provided by Assignor to Assignee regarding the Assigned Rights and collateral is true, complete and correct to the best of Assignor’s knowledge.

5. Indemnity

Assignor shall indemnify, defend and hold harmless Assignee, its successors, assigns, agents and representatives from and against any and all losses, liabilities, claims, demands, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) any breach of Assignor’s representations, warranties or covenants hereunder; (b) any failure of the Assigned Rights to be free and clear of undisclosed liens or claims; and (c) any third-party claims relating to the Assigned Rights occurring prior to the effective date of this Assignment.

6. Enforcement; Remedies

Upon the occurrence of any default or breach of the obligations secured by the Assigned Rights, or upon any failure by Assignor to perform its obligations under this Agreement, Assignee shall have all rights and remedies provided at law and in equity, including, without limitation, the right to take possession of, collect, sell or otherwise dispose of collateral, to exercise setoff and to pursue claims and causes of action assigned hereunder. Assignee’s remedies are cumulative and may be pursued singly or concurrently.

7. Notices

All notices required or permitted hereunder shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, addressed to the parties at their respective notice addresses set forth above or such other address as either party may designate by notice to the other.

8. Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. Any action to enforce this Agreement shall be brought exclusively in the state or federal courts located in that State and the parties irrevocably submit to the personal jurisdiction of such courts.

9. Miscellaneous

9.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

9.2 Amendments; Waiver. No amendment, modification or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties. No failure or delay by either party in exercising any right hereunder shall operate as a waiver of that right.

9.3 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable in any respect, such provision shall be severed and the remainder of this Agreement shall remain in full force and effect.

9.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The parties agree that signatures delivered by electronic means shall be binding.

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