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Secured Promissory Note

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Multistate Fixed Rate Note, Installment Payments - Secured

PROMISSORY NOTE

(Fixed Rate, Installment Payments)

[Date]

[City]

[State]

[Property 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 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 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, 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.

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

(Seal)

Borrower

(Seal)

Borrower

Revised 8/5/99

Source: U.S. Legal Forms
http://www.uslegalforms.com

Enter text

What a Secured Promissory Note Is and When It’s Used

A Secured Promissory Note is a written loan agreement in which the borrower promises to repay a specified sum and the lender takes a security interest in collateral to secure repayment. It sets out the principal, interest rate, payment schedule, default triggers, and remedies, and is commonly used in commercial lending, real estate subordinate loans, and equipment financing. When properly executed and perfected, the security interest improves enforceability and priority against other creditors and may require additional filings such as a UCC-1 financing statement or mortgage deed depending on the collateral.

Why a Secured Promissory Note Matters

A secured note clarifies repayment obligations while giving lenders a legal claim to collateral, which lowers credit risk and supports collection or foreclosure remedies if the borrower defaults.

Why a Secured Promissory Note Matters

Who Typically Prepares and Signs These Notes

Each party should confirm signatory authority and follow state filing or perfection steps to preserve the security interest.

  • Community and commercial banks that require collateralized loan documentation for business or consumer lending.
  • Private lenders and investment firms arranging secured loans for receivables, inventory, or real estate.
  • Borrowers (business owners or individuals) who pledge assets to obtain better loan terms.

Common Roles and Who Signs

Lender — Loan Officer

The lender or lender agent prepares loan terms, verifies borrower identity, and ensures the security interest is properly documented and perfected through filings such as a UCC-1 or mortgage registration.

Borrower — Authorized Officer

An individual or corporate officer with authority signs for the borrower, provides collateral descriptions, and delivers any required supporting documents such as title evidence or guarantor signatures.

Core Elements of a Professional Secured Promissory Note

A robust secured note combines clear payment terms with precise collateral description and enforcement language so both parties understand rights, remedies, and filing obligations.

Principal Amount

State the exact dollar amount borrowed, including any sub-limits or available draws, to avoid ambiguity about outstanding indebtedness.

Interest Terms

Specify fixed or variable rate, calculation method, compounding period, and late interest or default interest rates to govern accrual precisely.

Payment Schedule

Detail due dates, installment amounts, prepayment provisions, and whether payments apply to interest or principal first.

Collateral Description

Provide a clear, specific description of collateral by serial number, legal property description, or categories for mixed assets to support perfection.

Default Remedies

Explain acceleration, repossession, foreclosure, and collection costs, including notice periods and cure options consistent with state law.

Perfection Steps

Identify required filings (UCC-1, mortgage recording), insurance obligations, and any steps the lender will take to perfect and maintain priority.

Essential Data Fields for the Note

Borrower Name: Full legal name
Lender Name: Full legal name
Principal: Exact dollar amount
Interest Rate: APR or formula
Collateral: Precise description
Governing Law: Chosen state

Step-by-Step: Completing and Executing a Secured Promissory Note

Follow these steps to prepare, sign, and perfect a secured note so the lender’s security interest is enforceable and priority is preserved.

  • 01
    Draft Terms: Draft principal, rate, schedule, and remedies.
  • 02
    Describe Collateral: Provide specific collateral details.
  • 03
    Signatures: Obtain signatures and dates.
  • 04
    Perfect Security: File UCC-1 or record deed as needed.

How to Configure an Online Signing Workflow

Set up a digital workflow that collects signatures, enforces signer order, and captures an audit trail for later enforcement or compliance reviews.

Field Configuration
Signer Order Specify lender then borrower
Authentication Email + SMS code option
Required Fields Make signature/date required
Audit Trail Enable IP and timestamp capture

Where to File, Send, and Record the Note

After execution, deliver the original to the lender and file or record supporting documents to perfect the security interest.

  • UCC Filing: File a UCC-1 at Secretary of State
  • Real Estate Record: Record mortgage or deed in county recorder
  • Original Delivery: Lender retains original note
  • Borrower Copy: Provide signed copy to borrower

Digital Signing and eSubmission Considerations

Choose a platform that generates a certificate of completion, preserves tamper-evident records, and supports perfection workflows like UCC filing.

  • File Formats: PDF and DOCX supported
  • Integrations: Integrates with NetSuite and Salesforce
  • Authentication: SMS or knowledge-based options

Consequences of Errors or Omitted Perfection Steps

Unperfected Security: Loss of priority
Ambiguous Collateral: Enforcement disputes
Incorrect Names: UCC search failures
Missing Signatures: Unenforceable note
Late Filings: Priority displacement
Usury Violations: Statutory penalties

Common Preparation Mistakes to Avoid

  • Using informal collateral descriptions that are too broad or vague, which can invalidate a UCC-1 search result and weaken lender priority.
  • Failing to perfect the security interest promptly by filing UCC-1 or recording a mortgage, allowing other creditors to gain priority.
  • Mismatching borrower or lender legal names between the note and perfection filing, causing searchable discrepancies and enforcement difficulties.
  • Neglecting to capture a complete audit trail for electronic signatures and identity verification, which complicates proof of intent in disputes.

Key Dates and Deadlines to Track

Track effective dates, payment due dates, filing actions, and default cure windows to avoid loss of rights or unintended acceleration.

Effective Date:

Date obligations and interest begin

First Payment Due:

As stated in payment schedule

UCC Filing:

File promptly after execution

Default Cure Window:

As specified in default provisions

Statute of Limitations:

Varies by state; confirm with counsel

Typical eSignature Vendor Comparison for Secured Promissory Notes

Comparison of common eSignature plan and capability criteria. signNow is listed first per site labeling rules; verify vendor plan details before purchase.

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 Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Secured Promissory Notes

Answers to common execution, perfection, and enforceability questions for secured promissory notes in U.S. practice.


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