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Promissory Note

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MULTISTATE FIXED RATE NOTE — Single Family — UNIFORM INSTRUMENT

, ,

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 , with address of: I will make all payments under this Note in the form of cash, check or money order.

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, , 20 , 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 the following address: , 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

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.

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

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. I will pay this late charge promptly but only once on each late payment.

(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. UNIFORM SECURED NOTE

This Note is a uniform instrument with limited variations in some jurisdictions. 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

(Seal)

- Borrower

[Sign Original Only]

Authorized Changes

The following changes MAY be made to this instrument at the lender's option or MUST be made under certain circumstances only:

1. Lenders MAY add legends to identify the preparers of the instrument, consistent with the requirements of state and local laws.

2. Lenders MAY add the borrowers' social security numbers to the note, if the borrowers do not want to provide this information on the security instrument.

3. Lenders MAY add the following language (with all letters being capitalized) above the signature line, if the security property is located in Alabama:

CAUTION – IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.

4. Lenders MAY add the following language to the end of the note or as an attachment to the note, if the security property is located in Iowa:

Important: Read before signing. The terms of this Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written agreement may be legally enforced. You may change the terms of this agreement only by another written agreement.

5. Lenders MAY add the following language to the end of the note, immediately after the Borrower's Signature lines, if the security property is located in Louisiana:

'Ne varietur' for identification with a mortgage given before me on .

________________________________________________
Notary qualified in Parish, Louisiana

6. Lenders MAY add the following language to the end of the note, if the security property is located in Maryland:

This Note and the Deed of Trust which secures it shall be governed by the laws of the United States of America and the state of Maryland and more particularly by Subtitle 10, Credit Grantor Closed End Credit Provisions, of Title 12 of the Commercial Law Article of the Annotated Code of Maryland.

7. Lenders MAY add the following language (with all letters being capitalized and bold-faced) to the end of the note, if the security property is located in Texas:

THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.

THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

SIGNATURE OF BORROWER SIGNATURE OF LENDER

8. Lenders MAY add the following language (with all letters being capitalized and bold-faced) to the end of the note, if the security property is located in Washington:

ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.

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What a Promissory Note Is and When It Applies

A promissory note is a written, legally enforceable promise by one party (the maker) to pay a specific sum to another party (the payee) under stated terms. Typical elements include the principal amount, interest rate, payment schedule, maturity date, and remedies on default. Promissory notes are used for personal loans, business financing, seller-financed sales, and some short-term commercial obligations. They are negotiated contracts; clear terms reduce disputes and support enforcement in court or collection proceedings.

Why a Clear Promissory Note Matters

A well-drafted promissory note documents payment expectations, protects lender rights, and creates enforceable remedies on default under contract law and applicable state statutes.

Why a Clear Promissory Note Matters

Who Commonly Creates or Signs Promissory Notes

Promissory notes are used by lenders, borrowers, businesses, and individuals when formalizing a debt obligation.

  • Banks and credit unions that document consumer or commercial loans and require clear repayment terms.
  • Small businesses and startups using short-term loans, shareholder advances, or vendor financing to manage cash flow.
  • Individuals in private loans or seller-financed real estate transactions where parties prefer a written repayment promise.

Choose the appropriate document form and supporting attachments based on the transaction type and applicable state law.

Step-by-step: Filling out a Promissory Note

Follow these steps in order to complete a standard promissory note and reduce common execution errors.

  • 01
    Identify Parties: Record full names and legal capacities for maker and payee.
  • 02
    State Principal: Enter the loan amount in numerals and words.
  • 03
    Set Terms: Specify interest, payment schedule, maturity, prepayment, and default remedies.
  • 04
    Sign and Date: All parties sign in the signature block and date the execution line.

Essential elements every professional Promissory Note should include

A complete promissory note is concise but covers the transaction end-to-end so courts and third parties can interpret intent and obligations.

Parties

Identify maker and payee with full legal names, business titles if applicable, and contact addresses to establish binding obligations and service points.

Principal Amount

State the exact loan amount both numerically and in words; specify currency to avoid cross-border ambiguity.

Interest Terms

Detail the interest rate, whether it is fixed or variable, calculation method, compounding period, and any usury limitations.

Payment Schedule

Define installment amounts, due dates, grace periods, final maturity date, and whether payments apply first to fees, interest, or principal.

Default Remedies

Include steps on notice, cure period, acceleration clauses, late fees, and any security or collateral rights.

Governing Law & Venue

Choose governing state law and venue for disputes to reduce forum-shopping and clarify enforcement procedures.

Information and fields that should always appear

Maker: Name and capacity of the borrower
Payee: Name and capacity of the lender
Amount: Principal amount in dollars
Interest: Interest rate and calculation
Schedule: Payment frequency and due dates
Signatures: Signed and dated by all parties

Typical lifecycle of a signed Promissory Note

This sequence shows the common flow from document creation to enforcement steps after execution.

  • Drafting: Prepare terms and attach collateral exhibits if needed
  • Execution: Parties sign, optionally with notarization or witnesses
  • Performance: Payments made according to schedule; record payments
  • Default & Enforcement: Provide notice, accelerate debt, enforce remedies

Configuring an online Promissory Note workflow

Set up a digital signing workflow to gather signatures, attachments, and optional notary steps.

Field Configuration
Signature Type eSignature with audit trail and timestamp
Authentication Email verification, SMS code, or KBA as required
Conditional Fields Show security or collateral fields when checkbox selected
Notary Enable RON or add in-person notarization step

Technical considerations for electronic execution

Confirm the eSignature platform supports required authentication, audit trails, and export formats before e-execution.

  • Integrations: CRM and document storage
  • Formats: PDF and DOCX export
  • Security: TLS and AES encryption

Use a platform that preserves the signed record, audit trail, and allows long-term archival to meet legal retention needs.

Key timing elements to track for a Promissory Note

Track payment dates, notice windows, and statutory periods carefully to preserve rights and avoid waiving remedies.

Payment Due Dates:

Follow the schedule in the note for each installment.

Grace Periods:

Observe stated grace or cure periods before declaring default.

Notice Requirements:

Send default notices as specified to trigger remedies.

Acceleration:

Maturity acceleration occurs per clause on default.

Statute of Limitations:

Varies by state; commonly 3–6 years for contract claims.

Common mistakes to avoid when preparing a Promissory Note

  • Using ambiguous interest language that omits whether rate is simple or compounded, causing disputes over accrual calculations.
  • Failing to include both numeric and written principal amounts, which can create conflicts if numbers and words differ.
  • Omitting signer capacity details for entities, such as title and authority, leaving signatures vulnerable to challenge.
  • Neglecting governing law and venue selection, which can complicate enforcement and increase litigation costs.

Practical risks and penalties tied to errors or omissions

Invalid Signature: May void enforcement
Usury Exposure: State penalties and rate reduction
Late Fees: May be unenforceable if unconscionable
Tax Reporting: Misreporting interest can trigger penalties
I-9 Issues: Employment documents must comply
Recordkeeping: Failure may affect audits

Real-world examples of promissory note usage

These examples show how organizations and business owners rely on promissory notes for varied, practical financing needs.

Optica Ventures LLC

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Lender streamlined note execution across deals.
  • As COO Brian Fitzgibbons explains, consistent, signed notes reduced turnaround time and clarified repayment expectations for both parties.

Fertility Centers of Illinois

The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company.

  • Clinic used digital notes for patient financing.
  • Director John Butler notes improved compliance and recordkeeping while maintaining HIPAA safeguards in financing workflows.

Practical tips for accurate and efficient promissory note completion

Follow these best practices to reduce ambiguity and speed execution while preserving enforceability.

Use precise monetary language
Spell out the principal and repeat the numeric amount; specify currency and avoid rounding instructions that create calculation disputes.
Clarify interest computation
State whether interest is simple or compound, the periodic rate, and how days are counted so interest calculations are reproducible.
Document capacity and authority
For entity signers include title and authority language; attach a resolution or certificates when signature authority is not obvious.
Preserve the audit trail
Retain signed records, payment receipts, and notices of default; include timestamps, IP addresses, and notarization records if applicable.

Comparing eSignature vendors for executing Promissory Notes

A concise vendor comparison focused on starting price, trial availability, bulk send, audit trails, HIPAA compliance, and envelope caps to support vendor selection for document execution.

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 vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Promissory Notes

Answers to common questions about legality, signing, notarization, and post-execution actions for promissory notes.


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