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South Carolina Fixed Rate Note

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South 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.

     

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 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

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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 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 .

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

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What the South Carolina Fixed Rate Note Is

The South Carolina Fixed Rate Note is a written promissory instrument documenting a borrower’s obligation to repay a loan with a fixed interest rate according to a defined amortization schedule. It identifies the parties, principal, interest rate, payment amounts and timing, late charges, and maturity date. In real estate finance the note accompanies the security instrument that creates a mortgage or deed of trust. Proper execution and recordkeeping establish enforceable rights for lender and borrower under South Carolina law and applicable federal electronic transaction statutes.

Why a Clearly Drafted Note Matters

A clear South Carolina Fixed Rate Note creates enforceable loan obligations, documents remedies for nonpayment, and reduces disputes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, subject to statutory exceptions and proper intent and retention.

Why a Clearly Drafted Note Matters

Typical Parties and Users of the Note

Lenders, servicers, borrowers, and closing agents commonly prepare and execute this fixed-rate promissory note at origination.

  • Mortgage lenders — Originate loans, set repayment terms, and retain the original note for enforcement and servicing purposes.
  • Borrowers — Review terms carefully, sign the note, and keep a copy for repayment, tax records, and dispute resolution.
  • Title and closing agents — Prepare the executed original at closing and coordinate delivery or recording of related security instruments.

Attorneys, trustees, and accounting teams also reference executed notes for servicing, enforcement, tax reporting, and audit trails.

Core Elements That Belong in the Note

A professional South Carolina Fixed Rate Note includes clearly labeled sections for amounts, rate, payment schedule, default remedies, prepayment terms, and signature blocks to avoid ambiguity and enable enforcement.

Principal

States the original loan amount in dollars, any disbursement details, and how principal reductions are applied during amortization over the loan term.

Interest Rate

Specifies the fixed annual rate, interest calculation method, compounding period if any, and when interest begins to accrue.

Payment Schedule

Defines payment amounts, due dates, frequency, grace periods, and the method for applying payments to interest and principal.

Late Charges

Describes late fees, default interest rates, and when a late payment is considered a default under the note terms.

Default

Lists events of default, acceleration rights, and remedies available to the lender, including foreclosure procedures when paired with a security instrument.

Signatures

Includes dated signature lines for borrower(s) and lender, acknowledgement or notary block, and instructions for witness or notarization when required.

Stepwise Process to Prepare and Execute the Note

Follow these core steps from drafting to delivery to ensure a complete and enforceable South Carolina Fixed Rate Note.

  • 01
    Draft: Populate loan terms, parties, and payment schedule accurately.
  • 02
    Review: Have lender counsel or closing agent verify legal language and calculations.
  • 03
    Sign: Obtain required borrower and lender signatures with notarization or witnesses as applicable.
  • 04
    Deliver: Provide originals to lender; record related security instruments with the county recorder if required.

Configuring an Online Signing Workflow

Set up an electronic workflow that enforces field completion, signer order, authentication, and secure storage for the executed note.

Field Configuration
Upload Document Upload PDF or DOCX; use PDF/A for archival where possible.
Assign Signers Specify signer email and signing order; enable role-based fields.
Authentication Choose email link, SMS code, or stronger method for high-value loans.
Retention Set secure retention and export of certificate of completion.

Where to Send and File the Executed Note

Understand the destinations for originals and copies after execution so parties maintain required evidence and comply with recording rules.

  • Lender Files: Original note retained by the lender or mortgagee in loan vault or electronic custodian.
  • Borrower Copy: Provide the borrower a signed copy for their records and tax documentation.
  • County Recording: Record the security instrument (mortgage/deed of trust) with the county; the note itself is usually not recorded.
  • Servicer Transfer: If assigned, transfer executed originals to the servicer or custodian with endorsement or assignment.

Technical Considerations for Digital Completion

Choose a platform that supports required file formats, secure authentication, and an auditable completion record for high-value notes.

  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • File Formats: PDF, DOCX, HTML, Excel
  • Authentication: Email, SMS, KBA, SSO

Key Dates and Timing to Watch

Timelines tied to the note affect payment processing, default remedies, and servicing obligations; document dates must be unambiguous.

Loan Origination Date:

Date funds disbursed; interest may accrue from this date.

First Payment Date:

Specifies when borrower must make the first scheduled payment.

Payment Due Cycle:

Monthly due dates and grace periods determine late fee timing.

Default Cure Period:

Time allowed to cure before acceleration; defined in note.

Maturity Date:

Date entire unpaid balance becomes due if not repaid earlier.

Common Preparation Mistakes to Avoid

  • Using inconsistent party names or abbreviations that do not match IDs or entity formation documents can raise enforceability disputes.
  • Failing to include notarization or required witness signatures where state law or lender policy mandates them delays recording and may void remedies.
  • Ambiguous payment language, such as unclear application of partial payments, causes accounting errors and borrower disputes during servicing.
  • Not retaining the signed original or certificate of completion can hinder enforcement and complicate transfers or securitization.

Consequences of Errors or Incomplete Execution

Unenforceable Terms: May impede lender remedies or foreclosure.
Delayed Recording: Can affect priority of lien and third-party claims.
Tax Reporting Issues: Incorrect reporting may trigger IRS penalties.
Servicing Disputes: Ambiguities lead to borrower complaints and litigation risk.
Reduced Collateral Value: Improperly documented liens weaken security position.
Regulatory Noncompliance: Violations may prompt fines or corrective actions.

eSignature Pricing Comparison for Executing the Note

Pricing and core features across common eSignature vendors; signNow appears first per platform placement rules to facilitate vendor comparison without datestamps.

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 Varies Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Examples from Real Users

Real-world examples show how teams complete high-volume documents and preserve compliance with signed notes.

Martin Properties

Tim Martin used online execution to process mortgage documents efficiently

  • High-volume closings required mobile signing
  • The workflow simplified obtaining signatures while keeping full compliance and audit trails for later review.

Optica Ventures

Optica's COO described streamlined customer signing for lending agreements

  • Rapid, remote signing reduced turnaround time
  • The approach reduced administrative follow-up and preserved enforceable records across transactions.

Frequently Asked Questions About the South Carolina Fixed Rate Note

Answers to common execution, notarization, and retention questions for borrowers, lenders, and closing agents preparing this fixed-rate promissory note.


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