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Promissory Note

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North Carolina Fixed Rate Note, Installment Payments – Secured by Personal Property

PROMISSORY NOTE

(Fixed Rate, Installment Payments)

Caution – It is important that you thoroughly read the contract before you sign it.

[Date]

[City]

[State]

[Borrower's 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 Borrower 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 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, Borrower has also granted a Secured lien to Lender on Personal Property as described by Separate Security Agreement. The secured property is described as:

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

(Seal)


Borrower

(Seal)


Borrower

Enter text

What a Promissory Note Is and why it matters

A Promissory Note is a written, legally binding promise by one party (the borrower) to pay a specified sum to another party (the lender) under agreed terms. It sets the principal, interest, repayment schedule, and remedies for default, and may reference security or collateral. Notes are used in personal lending, business financing, and real estate transactions as primary evidence of debt for enforcement, accounting, and tax reporting purposes when properly executed by the parties.

Why documenting a loan with a Promissory Note helps

A clear Promissory Note reduces disputes by recording amount, rate, schedule, and default procedures. Written terms improve enforceability, support collection actions, and provide a reliable record for tax and accounting purposes in the event of audits or litigation.

Why documenting a loan with a Promissory Note helps

Who typically completes Promissory Notes

Typical users include individual lenders, small businesses, real estate buyers, and legal or accounting professionals who require documented loan terms for enforceability.

  • Individual lenders and private parties documenting personal loans and repayment expectations.
  • Small businesses formalizing short-term financing, vendor loans, or intercompany advances.
  • Banks or credit unions use tailored notes for commercial lending and collateral documentation.

Select a Note template and execution process that match the transaction size, applicable state rules, and the parties' evidentiary needs.

Primary signer roles

Individual Lender

A private lender who provides funds and requires a Note to document repayment, interest, collateral, and remedies. Verify applicable usury rules, consider security instruments, and retain signed originals to preserve enforcement and tax documentation.

Individual Borrower

A borrower signs to acknowledge debt and agree to repayment terms, interest, and default consequences. Confirm names, amounts, and schedule accuracy, keep copies, and consult counsel if complex clauses affect rights or credit reporting.

Core elements every professional Promissory Note should include

A professionally drafted Promissory Note sets monetary terms, schedule, security, remedies, and governing law to reduce ambiguity and support enforceability.

Principal Amount

State the exact dollar amount owed both in numerals and words, specify the currency, and avoid placeholders; inconsistent figures can create ambiguity in enforcement, collection, and tax reporting obligations.

Interest Rate

Specify whether the interest is fixed or variable, describe calculation method (simple or compound), state the annual percentage rate, and include any caps, margins, or reset mechanics to prevent usury disputes.

Repayment Schedule

Describe payment frequency, exact installment amounts, due dates, grace period length, prepayment terms, amortization method if any, and how late payments and partial payments are applied.

Security / Collateral

Identify collateral clearly, reference a separate security agreement or UCC-1 filing when applicable, describe perfection steps, and state remedies available to the lender on default.

Default & Remedies

Define specific events of default, required notices, cure periods, acceleration rights, collection costs, interest on past-due amounts, and attorney fee recovery if permitted by law.

Governing Law

Select the governing state, specify venue for disputes, clarify whether arbitration applies, and note that state law choice affects statute of limitations, remedies, and procedural options.

Step-by-step: completing a Promissory Note

Follow these practical steps to prepare, sign, and store a Promissory Note so it clearly records obligations and supports enforceability.

  • 01
    Draft Terms: Specify amount, rate, schedule, and remedies in plain language.
  • 02
    Add Security: Attach security agreement or reference collateral and UCC steps.
  • 03
    Obtain Signatures: Collect signed copies from lender and borrower, including dates.
  • 04
    Store Records: Retain executed originals and electronic copies with audit trail.

How electronic completion and delivery works

Executing a Promissory Note electronically follows steps that preserve signer intent, authentication, and a reliable audit trail under ESIGN and UETA.

  • Upload Document: Add the Note as PDF or DOCX and position signature fields.
  • Add Signers: Enter lender and borrower emails and assign signing order.
  • Authentication: Choose email link, SMS code, or stronger ID verification.
  • Complete Signing: Signer reviews, signs, and receives executed copy plus audit trail.

Recommended e-sign workflow configuration

Configure delivery, authentication, and integrations to capture intent and retention consistent with ESIGN requirements.

Workflow Field and Configuration Details How to configure each workflow setting for e-sign delivery.
Document Format PDF or DOCX; recommend PDF/A for long-term archiving.
Authentication Level Email link, SMS code, knowledge-based, or advanced ID verification.
Audit Trail Enable timestamp, IP capture, and signed certificate retention.
Integrations & Automation Connectors for Salesforce, NetSuite, Google Workspace, and APIs.

Technical and platform considerations for e-signature

Confirm file formats, signer authentication, and audit trail settings before sending the Note for signature.

  • File Types: PDF and DOCX supported.
  • Authentication Options: Email, SMS, KBA, or advanced ID.
  • Audit Trail: Timestamp, IP, and certificate.

Common eSignature vendor pricing and feature snapshot

Compare starting price and core features for commonly used eSignature vendors when processing Promissory Notes; signNow appears first per table convention.

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 Yes Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

How organizations use Promissory Notes in practice

Real-world examples show how Promissory Notes support lending, collections, and integrations with business systems efficiently.

Optica Ventures

Brian Fitzgibbons of Optica Ventures used a digital Promissory Note to formalize investor loans without in-person meetings, preserving clear repayment terms and timestamps.

  • Streamlined signing reduced delays and paperwork.
  • The team retained signed PDFs and an audit trail for investor records, easing fund reconciliation and providing enforceable proof of indebtedness; counsel reviewed governing law and collateral clauses before funding.

Martin Properties

Tim Martin at Martin Properties replaced paper loan memos with Promissory Notes executed online to manage short-term bridge financing for property acquisitions.

  • Mobile signing enabled on-site closings.
  • Signed copies, notarization when required, and integration with accounting systems reduced closing cycles and ensured consistent records for lenders, title companies, and internal audit trails during due diligence and post-closing reviews.

Milestones from signing to enforcement

Common numbered milestones from note execution through potential enforcement actions.

01

Execution

Signatures collected, dates confirmed, and executed copies distributed to parties.

02

Funding

Lender disburses funds per the Note; obligations become effective.

03

Payment Monitoring

Track installments, apply late fees, and issue reminders per schedule.

04

Default & Enforcement

Provide notice, allow cure period, accelerate balance, and pursue collection or legal remedies.

Key dates and reporting obligations to track

Important dates across execution, repayment, reporting, and default notice periods for a Promissory Note and related tax obligations.

Effective Date:

Enter as MM/DD/YYYY; this date starts obligations and affects interest accrual.

First Payment Due:

Follow the schedule; missing payments may trigger late fees or default.

Tax Reporting Deadline:

Report interest paid when required on Form 1099-INT or 1099-MISC under IRS rules.

Default Notice Period:

State the notice method and cure period required before acceleration.

Statute of Limitations:

Varies by state; consult local law for the deadline to file enforcement actions.

Common preparation mistakes to avoid

  • Using vague payment terms or inconsistent amounts that create ambiguity and hinder enforcement in court or collection proceedings.
  • Failing to specify interest calculation method, which can lead to disputes over accrued interest and potential usury claims.
  • Not documenting security interests or failing to file a UCC-1 where required, weakening a lender's recovery rights on collateral.
  • Missing signatures, failing to initial material changes, or not retaining the original signed Note, which may render it unenforceable.

Short list of penalties and legal risks

Unenforceability: Unsigned or incomplete notes may not be enforced.
Usury Violations: Charging rates above statutory limits risks penalties and voided interest.
Tax Consequences: Incorrect interest reporting can trigger IRS penalties.
Collection Costs: Delayed enforcement increases attorney and recovery expenses.
Repossession Risk: Secured collateral repossession can be costly and time-consuming.
Statutory Limits: State statute of limitations can bar late claims.

Security and compliance features to consider

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest
Certifications: SOC 2 Type II, ISO 27001, PCI DSS
HIPAA: BAA available; HIPAA-compliant workflows supported
eSign Laws: Compliant with ESIGN and UETA
21 CFR Part 11: Supports FDA-regulated signature requirements
Accessibility: WCAG 2.0 Level AA support

Export, attachments, and notarization options

Promissory Notes typically require signed exportable copies, attached supporting documents, and optional notarization depending on jurisdictional needs.

Signed PDF

Export a signed PDF/A copy with an embedded audit trail or certificate of completion to preserve timestamps and signer attributions for later enforcement or archival requirements.

Editable DOCX

Keep an editable DOCX version for internal review and template reuse, but treat the signed PDF as the authoritative executed document unless otherwise specified.

Supporting Documents

Attach exhibits such as security agreements, UCC filings, payment schedules, and disbursement receipts to create a complete enforcement record.

Notarization

Notarization is optional in many states but can strengthen evidentiary weight; remote notarization rules differ by jurisdiction and must be verified.

Frequently asked questions about Promissory Notes

Answers to common questions on enforceability, signatures, notarization, and electronic execution of Promissory Notes.


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