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Promissory Note Secured by Real Property

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Promissory Note secured by Real Property with a Fixed Interest Rate and Installment Payments in Connection with a Purchase of a Business

(Date)

(City and State where Note Executed)

Whereas, , hereinafter called
Promisor, is purchasing a Business from , hereinafter called
Promisee, located at ; and

Whereas, a portion of the purchase price for said Business is secured by that certain lot
and building (the Property) located at ; and

Whereas, the purpose of the Note is to evidence the debt secured by said Property;

Now, therefore, for a good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Promisor agrees to the following terms of this instrument as
follows:

The undersigned Promisor does hereby promise to pay Promisee the principal sum of
$ together with interest thereon from the date of this instrument at the
rate of Percent %) per annum on the unpaid balance until paid. The said
principal and interest shall be payable at
, or at
such other place as Promisee may designate in writing, in consecutive
monthly installments of $. The first of said installments shall be due and
payable on the (date), and each subsequent monthly installment shall be
due and payable on the first day of each succeeding month thereafter until the entire
indebtedness evidenced by this Note is fully paid, except any remaining indebtedness, if not
sooner paid, shall be due and payable on (date).

Promisor may prepay the principal amount outstanding in whole or in part without
penalty. Promisee may require that any partial prepayments (a) be on the date monthly
installments are due, and (b) be in the amount of that part of one or more monthly installments
which would be applicable to principal.

Promisor further promise to pay the Promisee a late charge of Percent
(%) of any monthly installment not received by Promisee within days after the
installment is due.

It is agreed that in the event default is made in the payment of this Note at maturity, or of
any installment thereof, whether maturing by expiration of time, by default as herein provided, or
as provided in the Deed of Trust given in security hereof, and the same is placed in the hands of
an attorney for collection, then an additional amount of Percent (%) on the
Principal and interest of this Note shall be added to the same as a collection fee, and the failure
to pay any installment when due shall mature the entire indebtedness at the option of the
Promisee.

This Note is to be secured by a Deed of Trust on certain real estate located at
as further described in said Deed of Trust.

Witness my signature this (date).


(Printed Name & Signature of Promisor)

Enter text

What a Promissory Note Secured by Real Property Is

A Promissory Note Secured by Real Property is a written loan agreement in which a borrower promises to repay a lender and grants a security interest in specific real property to secure repayment. The note states the principal, interest rate, payment schedule, and default remedies. It is typically paired with a mortgage or deed of trust that creates a lien on the identified property, allowing the lender to foreclose if the borrower defaults. Proper execution and recording determine priority among creditors and affect enforceability and public notice.

Why this Document Matters for Lenders and Borrowers

The Promissory Note Secured by Real Property clarifies repayment terms and ties borrower obligations to a recorded security interest, reducing lender credit risk and providing prioritized remedies.

Why this Document Matters for Lenders and Borrowers

Who Typically Prepares and Signs This Note

Professionals on both sides prepare or review secured promissory notes to ensure legal sufficiency and correct collateral identification.

  • Private lenders and banks: Draft and enforce loan terms; manage recording and foreclosure processes.
  • Mortgage brokers and title companies: Verify legal property description and ensure lien priority at recording.
  • Borrowers and guarantors: Confirm identity, property ownership, and ability to comply with payment obligations.

Step-by-step: Completing a Promissory Note Secured by Real Property

Follow a consistent sequence: gather parties and property details, complete monetary terms, add security description, obtain signatures and notarization, then record where required.

  • 01
    Gather: Collect legal names, title evidence, and property deed reference.
  • 02
    Document: Enter principal, interest rate, and payment schedule exactly.
  • 03
    Secure: Attach mortgage or deed of trust creating the lien.
  • 04
    Execute: Sign before a notary; prepare to record with county recorder.

Frequently asked questions and common issues

Answers to common legal and practical questions about validity, signing, notarization, recording, and amendments.


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Security and compliance basics for the document

Encryption in transit: TLS 1.2/1.3
Encryption at rest: AES-256
Audit trail: Timestamps, IP, action log
HIPAA readiness: BAA available
ESIGN / UETA: 15 U.S.C. §7001; UETA
21 CFR Part 11: Available where required

Key risks and legal consequences

Unrecorded lien: Loss of priority
Wrong party: Enforceability challenges
Missing notarization: Recording rejection
Ambiguous terms: Litigation risk
Usury exposure: State penalties
Tax treatment: Unexpected liabilities

Common preparation mistakes to avoid

  • Using an informal street address instead of the full legal property description from the deed, causing recording delays and potential disputes over collateral.
  • Entering inconsistent party names or abbreviations that do not match title records, which can impede recording, assignment, or foreclosure actions.
  • Failing to specify interest calculation method or late fee terms clearly, producing ambiguity about payment amounts and accruals during default.
  • Omitting notarization or using an invalid notary form for the county recorder, which can result in rejection or the need to re-execute documents.

Typical digital workflow for completing and securing the note

Digital workflows mirror paper processes: prepare the note, place signature and notarization fields, obtain execution, then record or store the signed instruments.

  • Upload: Import PDF or DOCX of the note.
  • Place fields: Add signature, date, and notary fields.
  • Send to signer: Authenticate and obtain signatures.
  • Record: Submit mortgage/deed to county recorder.

Recommended eSigning and authentication settings

Configure authentication, signature types, and recording intent before sending to reduce completion friction and ensure compliance.

Field Configuration
Authentication Method Email plus optional SMS code
Signature Type Click-to-sign or drawn signature
Notarization In-person or state-approved RON
Recording Intent Prepare deed/mortgage for county recording

Technical and integration considerations

Choose a platform that supports required file formats, audit trails, identity verification, and integration with title or loan origination systems.

  • File formats: PDF and DOCX supported
  • Integrations: NetSuite, Salesforce, Box
  • eRecording: Check county support

eSignature vendor comparison for secured promissory workflows

Comparing vendor price and capability helps select appropriate eSignature functionality for secured loan execution and notarization support.

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 trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Available Available Available Available Varies by plan
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Essential clauses and components to include

A complete Promissory Note Secured by Real Property contains distinct clauses that define monetary terms, security, remedies, and administrative mechanics.

Principal Clause

State the exact principal amount in numerals and words, identify currency, and describe how payments reduce principal so parties cannot dispute outstanding balance.

Interest Clause

Specify fixed or variable rate, index and margin for adjustable rates, compounding method, payment timing, and calculation for partial periods to prevent ambiguity.

Payment Schedule

Define installment amounts, due dates, grace periods, late charge terms, and application order of payments (interest, principal, fees) to avoid allocation disputes.

Acceleration Clause

Describe events of default, acceleration mechanics, notice requirements, and cure periods to give clear authority and process before foreclosure steps.

Security Reference

Reference the mortgage or deed of trust by recording citation or legal description so the lien is clearly tied to the secured property.

Recording and Assignment

State intent to record the security instrument, note assignment procedures, and any lender rights to assign without borrower consent where permitted.

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