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Minnesota Secured Promissory Note

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PROMISSORY NOTE
(Fixed Rate, Installment Payments)

[Date]

[City]

[State]

[Property Address]

1. BORROWER'S PROMISE TO PAY

In return for a loan that I have received, I promise to pay U.S. $ (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is . I will make all payments under this Note in the form of cash, check, certified funds or money order at the option and direction of Lender. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."

2. INTEREST

Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note.

3. PAYMENTS

(A) Time and Place of Payments

I will pay principal and interest by making a payment every month. I will make my monthly payment on the day of each month beginning on . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments

My monthly payment will be in the amount of U.S. $

4. BORROWER'S RIGHT TO PREPAY

{initial desired provision}

I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a “prepayment.” When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a prepayment if I have not made all the monthly payments due under the Note. I may make a full prepayment or partial prepayments without paying a prepayment charge. The Note Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my prepayment to the accrued and unpaid interest on the prepayment amount, before applying my prepayment to reduce the principal amount of the Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

I shall not have the right to prepay this Note unless I pay a prepayment penalty for early prepayment in the amount determined by the Note Holder, not to exceed the maximum amount allowed by the laws of the state where the property is located.

5. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.

6. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments and Receipt of Payments

If the Note Holder has not received the full amount of any monthly payment by the end of calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be % of my overdue payment of principal and interest or dollars for each late payment]. I will pay this late charge promptly but only once on each late payment. In no event will the late charge exceed the maximum amount allowed by the applicable state law.

Payments to the note holder shall not be considered made until received by the Note Holder at the address specified. Mailing is insufficient to constitute delivery to the Note Holder.

The number of days required for payment of a late charge shall not be considered as a grace period for the payment date required under this Note and the Borrower shall be default if the payment is not paid on the due date.

(B) Default

If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.

(C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.

(D) No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time.

(E) Payment of Note Holder's Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.

7. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.

9. WAIVERS

I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

10. SECURED NOTE

In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED

(Seal)

(Seal)

(Seal)

(Seal)

Enter text

What a Minnesota Secured Promissory Note Is

A Minnesota Secured Promissory Note is a written promise by a borrower to repay a specified loan amount with interest, where repayment is secured by collateral described in the agreement. It sets principal, interest rate, payment schedule, maturity date, default remedies, and acceleration clauses. When the note is secured, lenders typically use an accompanying security instrument or a UCC-1 financing statement to perfect a lien on collateral. Electronic execution is generally permitted under federal ESIGN and applicable state electronic signature law when the signature, intent, and retention requirements are met.

Why a Secured Note Matters for Minnesota Lending

A secured note reduces lender credit risk by attaching legal rights to collateral and clarifies repayment terms, default triggers, and remedies.

Why a Secured Note Matters for Minnesota Lending

Who Typically Uses This Document

Lenders and borrowers use secured promissory notes whenever collateral backs a loan to secure repayment obligations.

  • Banks and credit unions issuing secured consumer or commercial credit instruments with collateral descriptions.
  • Private lenders and investors documenting loan terms and mechanisms to enforce remedies on default.
  • Businesses and owners formalizing intercompany loans or seller-financed purchase terms with lien security.

The form works for consumer loans, commercial borrowings, seller-financed sales, and intra-company financing where collateral protection is required.

Primary Parties and Their Roles

Lender — Loan Officer

A lender reviews borrower credit and collateral, negotiates principal, interest, and remedies clauses, ensures proper security documents are recorded, and monitors perfection steps to protect lien priority.

Borrower — Individual or Business

A borrower agrees to repay principal and interest, identifies collateral precisely, provides required signatures and acknowledgements, and must follow notice and insurance obligations to avoid default.

Key Security and Compliance Elements

Encryption: AES-256 at rest
Transport: TLS 1.2/1.3
Authentication: Multi-factor options
Audit Trail: Complete signing log
HIPAA: BAA available
Retention: Exportable records

Common Legal Risks

Unperfected Lien: Loss of priority
Ambiguous Collateral: Enforceability dispute
Missing Signature: Voidable obligation
Improper Notice: Defense to acceleration
Statute Limits: Claims barred over time
Consumer Rules: Regulatory penalties

Frequent Preparation Pain Points

  • Failing to describe collateral precisely creates ambiguity that creditors can challenge and may defeat a lien priority claim.
  • Not filing a UCC-1 financing statement promptly can allow later-filed creditors to gain superior rights to the same collateral.
  • Using inconsistent party names between the note and security instrument leads to defective perfection or problems at enforcement.
  • Omitting acceleration, cure, or notice procedures leaves lenders uncertain how to proceed and can increase litigation costs.

Anatomy of a Professional Secured Promissory Note

A complete secured promissory note combines payment terms, collateral description, default remedies, and signature blocks to create an enforceable credit instrument.

Principal

State the exact loan amount numerically and in words, and include currency. Avoid rounding language to prevent disputes over the owed principal balance and payments.

Interest

Specify interest rate, calculation method, compounding frequency, and any default or penalty rate. Cite statutory usury limits to ensure rate enforceability under Minnesota law.

Payment Terms

Define payment schedule, installment amounts, due dates, late fees, and prepayment rights. Clear amortization details reduce accounting errors and borrower disputes.

Security

Describe collateral with specificity (serial numbers, legal description). Reference the related mortgage, security agreement, or UCC-1 filing used to perfect the lien.

Default Remedies

Include acceleration clauses, notice and cure periods, repossession and sale procedures, and attorney fee provisions to clarify enforcement steps and recoverable costs.

Execution Blocks

Provide signature lines, printed names, titles for entities, dates, and notary acknowledgement when required. Note electronic signature acceptance and retention details.

Step-by-Step: Completing the Minnesota Secured Note

Follow these sequential steps to prepare, sign, and perfect a secured promissory note for lending transactions.

  • 01
    Draft Terms: Define principal, rate, schedule, collateral, and remedies.
  • 02
    Review Names: Confirm legal names match formation and ID documents.
  • 03
    Sign and Date: Execute using required signer authentication and notary if applicable.
  • 04
    Perfect Lien: File UCC-1 or record security instrument promptly to protect priority.

Where to Send and File the Final Document

The executed note, security instrument, and public filings each have distinct destinations and timing — coordinate them to ensure lien perfection.

  • Borrower Copy: Provide signed original to borrower for their records.
  • Lender File: Retain final signed note and collateral attachments in lender records.
  • UCC Filing: File UCC-1 with the Secretary of State for personal property liens.
  • Recording: Record mortgages or deeds of trust with county recorder if real property secures the loan.

Configuring an Electronic Completion Workflow

Set up a digital workflow that places signature blocks, verification steps, and attachments in the right order to create audit-ready records.

Upload Document Import a clean PDF or DOCX version of the executed note.
Signature Fields Place signature, date, and initial fields for all parties.
Authentication Require email or SMS code verification for each signer.
Attachments Attach collateral documentation and ID where required.
Audit Settings Enable full audit trail and exportable certificate upon completion.

Digital Signing and Delivery Considerations

Choose a signing platform that supports audit trails, retention, and industry compliance needs.

  • File Formats: PDF, DOCX supported
  • Integrations: CRM and cloud storage
  • Authentication: Email, SMS, KBA

Key Dates and Timing to Track

Track execution, perfection, payment, and notice dates carefully; missing deadlines can impair remedies and lien priority.

Effective Date:

Date of execution governs when obligations and interest begin

Maturity Date:

Final repayment date that triggers final accounting and possible acceleration

Payment Due Dates:

Regular dates borrowers must pay to avoid default

Default Notice Period:

Time allowed to cure before acceleration or enforcement

UCC-1 Filing Timeline:

File promptly after execution to protect lien priority

Milestone Timeline for Execution and Perfection

A typical milestone sequence moves from draft to enforcement; manage each step to preserve remedies and lien priority.

01

Drafting Complete

Finalize terms and collateral descriptions before circulating for signature.

02

Execution

All parties sign and date note; obtain notary acknowledgement if required.

03

Perfection

File UCC-1 or record security instrument with appropriate state or county office.

04

Enforcement

Upon uncured default, follow notice, cure, and repossession or foreclosure procedures.

eSignature Vendor Comparison for Secured Documents

Compare basic pricing, trial availability, bulk-send capability, audit trails, HIPAA compliance, and envelope caps when selecting an eSignature provider.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Common Questions and Practical Answers

Answers to frequent issues about validity, notarization, perfection, eSigning, corrections, and cancellation procedures for secured promissory notes.


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