Multistate Fixed Rate Note, Installment Payments - Unsecured
PROMISSORY NOTE
(Fixed Rate, Installment Payments)
,
[Date] [City] [State]
[Address of Debtor]
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.
Revised 8/5/99
Not for use in AK, FL, ME, NY PR, VT, VA, WV, WI 1
Multistate Fixed Rate Note, Installment Payments - Unsecured
____________________ 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 debtor resides.
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 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
Revised 8/5/99
Not for use in AK, FL, ME, NY PR, VT, VA, WV, WI 2
Multistate Fixed Rate Note, Installment Payments - Unsecured
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. UNSECURED NOTE
This note is not secured by collateral but is the personal debt of the debtor..
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal) __________________________________________
Borrower ________________________________
(Seal) __________________________________________
Borrower ________________________________
(Seal) __________________________________________
Borrower ________________________________
(Seal) __________________________________________
Borrower ________________________________
Revised 8/5/99
Not for use in AK, FL, ME, NY PR, VT, VA, WV, WI 3
Multistate Fixed Rate Note, Installment Payments - Secured
NOTES (Optional Provisions):
1. You may add the following language (with all letters being capitalized) above the signature line, if
the debtor is located in Alabama :
Caution -- It is important that you thoroughly read the contract before you sign it.
2. You may add the following language to the end of the note or as an attachment to the note, if the
debtor 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.
3. You may add the following language to the end of the note, immediately after the Borrower's
Signature lines, if the debtor is located in Louisiana :
'Ne varietur' for identification with a mortgage given before me on ____________________, ____.
____________________________________________________________
Notary qualified in Parish, Louisiana
4. You may add the following language to the end of the note, if the debtor 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.
5. You may add the following language (with all letters being capitalized and bold-faced) to the end
of the note, if the debtor 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
6. You may add the following language (with all letters being capitalized and bold-faced) to the end
of the note, if the debtor 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.
Revised 8/5/99 Source: U.S. Legal Forms
http://www.uslegalforms.com
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