Collateral Loan

In cases of non-performance and (or) improper performance by the borrower of obligations under the Agreement, the Bank has the right to:

We remind that in case of the borrower's violation of obligations under the bank loan agreement and the unsatisfied demands resulting from the Bank's notice on the need to fulfill the obligations, the Bank has the right to take the following measures:

• apply penalties (fines, interest) specified in the bank loan agreement for the borrower's violation of obligations;
• unilaterally withdraw the borrower's money in any currency to repay overdue debt under the bank loan agreement (including, but not limited to, outstanding principal, interest, penalties, Bank's expenses and losses, and other payments according to the agreement, through direct debiting of the account and/or other bank accounts opened with the Bank, and/or by presenting to the borrower's bank accounts, opened in other banks and organizations performing separate banking operations, and other credit organizations payment claims of the Bank or other documents provided by Kazakhstan law; and/or
• file a lawsuit to recover the borrower's debt under the bank loan agreement and enforce the collateral in extrajudicial or judicial order; and/or
• transfer the borrower's debt for pre-trial collection to a collection agency; and/or
• assign the Bank's claims under the bank loan agreement to third parties without the borrower's consent, considering Kazakhstan's legislation requirements; and/or
• change the conditions for the execution of the bank loan agreement by the methods specified in the agreement; and/or
• demand from the borrower to fulfill debt repayment obligations, both in full and in specific parts determined by the Bank, including requiring early performance of all obligations under the bank loan agreement and other agreements concluded between the Bank and the borrower; and/or
• unilaterally and out of court refuse to provide credit to the borrower or suspend the provision of credit without sending any notices to the borrower; and/or
• require the provision of collateral that fully covers the obligations under the bank loan agreement; and/or
• exercise other rights provided by Kazakhstan's legislation and the bank loan agreement.

In addition to the liability arising from the above measures by the Bank, the borrower will also pay a penalty (fine, interest) in the amount specified in the bank loan agreement for violating the insurance obligations of the collateral, incl. for renewal or extension of the insurance agreement, obligations for targeted credit use, and violation of other non-monetary obligations according to the bank loan agreement, and reimburse the Bank for all additional losses exceeding the penalty due to the borrower's violation of obligations and the Bank's debt collection measures.

We inform you that if the borrower is an individual, he has the right within thirty calendar days from the date of delay of obligations under the bank loan agreement (hereinafter - the Agreement) to visit the Bank and (or) submit a written application or by any means provided by the Agreement, containing information on the reasons for the delay, income and other confirmed circumstances (facts) that determine his request to amend the Agreement according to paragraph 1-1 of Article 36 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" (hereinafter - the Law on Banks). Within fifteen calendar days from the date of receipt of the borrower's application - individual, the Bank considers the suggested changes to the Agreement and informs the borrower - individual in writing or by means provided by the Agreement of the:

1. agreement to the proposed amendments to the Agreement;
2. its proposals for amending the Agreement;
3. refusal to amend the Agreement with a motivated explanation of the reasons for such refusal.

In case of the Bank's decision to refuse to amend the Agreement or failure to reach a mutually acceptable decision, the borrower - individual, within 15 (fifteen) calendar days from the date of receipt of the Bank's decision, may apply to the Agency of the Republic of Kazakhstan for the Regulation and Development of the Financial Market with a simultaneous notification to the Bank. If the borrower's demand for payment of the Agreement, including overdue debt, is unmet, according to paragraph 2 of Article 36 of the Law on Banks, the Bank has the right to enforce funds in an indisputable manner through payment claims available on the borrower's bank accounts (if such collection is stipulated in the Agreement), subject to limitations provided by the Law on Banks.

If the borrower's demand for payment under the Agreement, including overdue debt, is unmet, or if the individual borrower's rights under paragraph 1-1 of Article 36 of the Law on Banks are not realized, or if there is no agreement between the individual borrower and the Bank on amending the Agreement, according to paragraph 2-1 of Article 36 of the Law on Banks, the Bank can apply measures provided by Kazakhstan's legislation and (or) the Agreement, including but not limited to transferring the debt for pre-trial recovery to a collection agency (if this right of the Bank is stipulated in the Agreement), assign the right (claim) under the Agreement to a party specified in paragraph 4 of Article 36-1 of the Law on Banks, file a lawsuit to collect the debt amount under the Agreement, and enforce the collateral out of court, except for cases provided by the Law of the Republic of Kazakhstan "On Mortgage of Immovable Property," or through a court order.