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Secured Promissory Note

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Arizona Fixed Rate Note, Installment Payments – Secured – Commercial Property

PROMISSORY NOTE

(Fixed Rate, Installment Payments)

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 {enter days before late charges are due under your State's laws} 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 Borrower's 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. Some of those conditions are described as follows:

If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law.

If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.

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

(Seal)

Borrower

(Seal)

Borrower

Enter text

What a Secured Promissory Note Is

A Secured Promissory Note is a written promise by a borrower to repay a specified sum to a lender, where repayment is secured by collateral described in the agreement. It sets the principal amount, interest rate, repayment schedule, maturity date, and remedies for default, and typically includes representations, covenants, and acceleration clauses. Secured notes are commonly used in business loans, real estate transactions, and equipment financing to reduce lender risk. When properly executed and supported by a valid security agreement and lien filing, the note creates enforceable rights in U.S. courts.

Why a Secured Promissory Note Matters

A Secured Promissory Note clarifies repayment obligations, provides collateral-backed remedies for lenders, and improves enforceability in default proceedings. It documents the loan terms required for lien perfection and priority, helping both parties reduce ambiguity and litigation risk under U.S. commercial law.

Why a Secured Promissory Note Matters

Typical Parties and Use Cases

Lenders, borrowers, and counsel use Secured Promissory Notes to document secured loans and define collateral rights in enforceable written form.

  • Banks and credit unions for commercial and consumer secured lending, ensuring lien priority and repayment terms.
  • Private lenders and individuals for promissory notes secured by real property, vehicles, or equipment collateral.
  • Attorneys and title agents preparing enforceable instruments, drafting security agreements, and coordinating UCC filings.

Who Signs and Why

Lender Rep

Bank officers or authorized loan agents who execute the note on behalf of the lending entity. Must have corporate authorization if signing for an organization and should be identified by title; attach board resolution or power of attorney when required.

Borrower Signer

Individual borrowers or authorized representatives of borrowing entities who must sign with name matching government ID. If entity signs, include corporate officer name and title; ensure capacity and authority are documented to avoid challenges to enforceability.

Essential Elements to Include

Core elements of a professional Secured Promissory Note ensure clarity on loan terms, security interests, defaults, and remedies to support enforceability and lien perfection.

Principal

State the exact principal amount in dollars, specify rounding rules, and note whether there are provisions for additional advances or revolving availability under the same note.

Interest Rate

Describe the rate (fixed or variable), calculation method (simple, amortized), compounding frequency, default rate, and any floor or cap provisions and reference index when variable.

Repayment

Set payment schedule, installment amounts, due dates, prepayment rights or penalties, and procedures for late payments and application of funds toward interest or principal and acceleration.

Security

Identify collateral with adequate specificity, reference an accompanying security agreement, state perfection steps (UCC-1 filing or deed recordation) and remedies on default including repossession and sale process.

Defaults

Define events of default (nonpayment, insolvency, breach), notice periods, cure rights, cross-default provisions, and lender remedies such as acceleration and collection costs recovery and attorneys' fees.

Miscellaneous

Include governing law, dispute resolution, assignment rights, notice procedures, integration clause, severability, and any confidentiality or reporting requirements tied to the secured loan and amendment procedures.

Required Data Fields at a Glance

Borrower Name: Full legal name exactly
Lender Name: Legal entity and DBA
Principal Amount: Dollar amount numerals and words
Interest Terms: Rate, method, and compounding
Collateral Description: Specific assets, serial numbers
Maturity Date: Enter as MM/DD/YYYY date format

Step-by-Step: Completing the Note

Follow these steps to complete a Secured Promissory Note accurately and reduce filing or enforceability issues.

  • 01
    Prepare Parties: Identify full legal names and authority.
  • 02
    Describe Loan: Specify principal, interest, and repayment schedule.
  • 03
    Detail Security: Describe collateral and attach security agreement.
  • 04
    Sign & File: Obtain signatures, notarize if required, file UCC-1.

How the Execution Flow Typically Works

Typical flow for creating, signing, and enforcing a Secured Promissory Note in a digital-first workflow.

  • Draft: Assemble terms and collateral descriptions.
  • Sign: Parties sign with witness or notarization as required.
  • File Lien: Record UCC-1 or real property lien.
  • Enforce: Lender pursues remedies on default per agreement.

Technical Requirements for Digital Execution

Digital execution requires secure eSignature platform, audit trail, and optional identity verification to satisfy evidentiary tests under ESIGN and UETA.

  • File Formats: PDF and DOCX supported
  • Integrations: Connectors to CRM and cloud storage
  • Authentication: Email, SMS, or advanced methods

Configuring an eSigning Workflow

Configure an eSigning workflow to capture signatures, store audit logs, and trigger lien filings or notifications automatically.

Workflow Field and Configuration Options Recommended configuration and short notes
Signature Field Type and Options Signer initials or full signature; capture timestamp.
Authentication Level and Verification Methods Email link, SMS code, KBA, or SSO
Automatic Notifications, Reminders, and Alerts Email or webhook to trigger UCC-1 filing workflows.
Document Storage Policy and Retention Encrypted cloud storage, exportable signed PDFs, audit log retention.

Key Dates and Timing Considerations

Key filing and due dates for Secured Promissory Notes, including recording and tax reporting obligations to avoid penalties.

Signing Date:

Record in MM/DD/YYYY; effective on specified date.

Notarization Timing:

Notarize at signing when state requires for enforceability.

UCC-1 Filing:

File promptly after execution to establish priority.

Tax Reporting:

Report interest income per IRS rules; consult IRC guidance.

Record Retention:

Retain original for the term plus required statutory period.

Common Preparation Mistakes to Avoid

  • Failing to describe collateral with sufficient specificity, such as omitting serial numbers or legal descriptions, which can prevent lien perfection and defeat priority in competing claims.
  • Using ambiguous payment terms or undefined default remedies, leaving courts to interpret parties' intent and increasing litigation risk and costs for both lender and borrower.
  • Neglecting to file a UCC-1 financing statement promptly after execution, which can allow subsequent creditors or purchasers to gain priority over the secured interest.
  • Incorrect signer authority on behalf of an entity — lack of corporate resolution or power of attorney can render the note voidable or unenforceable.

Consequences of Errors or Omissions

Lost Priority: Subsequent lien may prevail
Invalid Collateral: Collateral description rejects claim
Tax Liability: Interest reporting errors trigger penalties
Enforceability Risk: Signatory authority disputes arise
Increased Costs: Collection and legal fees escalate
Notary Defect: Missing notarization limits remedies

Vendor Pricing and Feature Snapshot

Compare common vendor features and pricing models for eSignature solutions suitable for executing Secured Promissory Notes.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes

Frequently Asked Questions and Practical Answers

Answers to frequent questions about drafting, signing, and enforcing a Secured Promissory Note, including notarization, UCC filings, and digital signatures.


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