Standard Secured Promissory Note Template
Standard Secured Promissory Note Template
Standard Secured Promissory Note Template
(SECURED)
2. DUE DATE: The full balance on this Note, including any accrued interest and
late fees, is due and payable on the ____ day of ____________________,
20___.
3. INTEREST DUE IN THE EVENT OF DEFAULT: In the event that the Borrower
fails to pay the note in full on the due date or has failed to make an installment
payment due within 15 days of the due date, unpaid principal shall accrue
interest at the rate of _______________ percent (___%) per annum OR the
maximum rate allowed by law, whichever is less, until the Borrower is no longer
in default.
6. LATE FEES: If the Lender receives any installment payment more than
_________________ days after the date that it is due, then a late payment fee of
_________________, shall be payable with the scheduled installment payment
along with any default interest due.
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7. DUE ON SALE: This Note is secured by a security instrument described in
Section 17 securing repayment of this Note, the property described in such
security instrument may not be sold or transferred without the Lender’s consent.
If Borrower breaches this provision, Lender may declare all sums due under this
Note immediately due and payable, unless prohibited by applicable law.
9. ATTORNEYS’ FEES AND COSTS: Borrower shall pay all costs incurred by
Lender in collecting sums due under this Note after a default, including
reasonable attorneys’ fees. If Lender or Borrower sues to enforce this Note or
obtain a declaration of its rights hereunder, the prevailing party in any such
proceeding shall be entitled to recover its reasonable attorneys’ fees and costs
incurred in the proceeding (including those incurred in any bankruptcy
proceeding or appeal) from the non-prevailing party.
12. SEVERABILITY: In the event that any provision herein is determined to be void
or unenforceable for any reason, such determination shall not affect the validity
or enforceability of any other provision, all of which shall remain in full force and
effect.
13. INTEGRATION: There are no verbal or other agreements which modify or affect
the terms of this Note. This Note may not be modified or amended except by
written agreement signed by Borrower and Lender.
14. CONFLICTING TERMS: In the event of any conflict between the terms of this
Note and the terms of any security instrument securing payment of this Note, the
terms of this Note shall prevail.
15. NOTICE: Any notices required or permitted to be given hereunder shall be given
in writing and shall be delivered (a) in person, (b) by certified mail, postage
prepaid, return receipt requested, (c) by facsimile, or (d) by a commercial
overnight courier that guarantees next day delivery and provides a receipt, and
such notices shall be made to the parties at the addresses listed below.
16. EXECUTION: The Borrower executes this Note as a principal and not as a
surety. If there is more than one Borrower, each Borrower shall be jointly and
severally liable under this Note.
______________________________________________________________________
SIGNATURE AREA
This agreement was signed the ____ day of ____________________, 20___ by the
following:
_______________________ _______________________
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Lender’s Signature Borrower’s Signature
_______________________ _______________________
Lender’s Printed Name Borrower’s Printed Name
_______________________ _______________________
Witness’s Signature Witness’s Signature
_______________________ _______________________
Witness’s Printed Name Witness’s Printed Name
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