How does the death of the borrower affect the agreement with Aunt Millies Bakeries?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
wer. If a refund reduces principal, the reduction will be treated as a partial pre-payment.
6. EVENTS OF DEFAULT
This Note, and all other obligations of the Borrower to Note Holder, shall be and become immediately due and payable at the option of the Note Holder, without any demand or notice whatsoever, upon the occurrence of any of the following
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries's 2025 Franchise Disclosure Document, the death of the borrower constitutes a default under the terms of the promissory note. Specifically, upon the borrower's death, all obligations of the borrower to the note holder become immediately due and payable at the option of the note holder, without any demand or notice. This means that Aunt Millie's Bakeries has the right to demand immediate payment of the outstanding loan balance if the borrower dies.
This provision protects Aunt Millies Bakeries by allowing them to promptly recover any outstanding debt in the event of the borrower's death. It also ensures that the collateral securing the loan can be liquidated or transferred to satisfy the debt. For a prospective franchisee, this highlights the importance of having a solid estate plan and understanding the financial implications for their heirs or estate in the event of their death during the term of the loan.
It is important for a potential Aunt Millies Bakeries franchisee to consider life insurance or other financial arrangements to cover the outstanding loan amount in the event of death. This would prevent the estate from being forced to liquidate assets quickly to repay the debt, potentially preserving more value for the franchisee's heirs. Franchisees should discuss these implications with a financial advisor and legal counsel to ensure they have a comprehensive plan in place.