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INSTALLMENT NOTE -- BANK DEPOSIT AS COLLATERAL

 

SECTION ONE

TERMS OF NOTE

For value received, __________________ (maker), of _______________________________ (address), in this note referred to as Maker, promise to pay to the order of __________________ (financial institution), of __________________________________________________ (address), in this note referred to as Institution, the principal sum of __________________ ($__________) with interest thereon at __________ percent ( _____%) per year in installment as follows: 

________________ (amount) ($__________) in __________ (number) ___________ (monthly) installments of _________________ ($__________) each, beginning on _______________ (date), continuing on the same day of each ___________ (month), and ending on __________ (date).

SECTION TWO

BANK DEPOSIT COLLATERAL

Makers shall furnish collateral security for the indebtedness evidenced by this note by depositing with institution on ___________________ (date), __________________ ($__________) for credit to the personal loan account number __________, in this note referred to as personal loan account, and an equal amount is to be deposited at regular __________ (monthly) intervals thereafter, until the total sum equal to the face amount of this note is deposited.

SECTION THREE

DEFAULT IN DEPOSITS

If Maker fails to deposit money as agreed in Section Two, Maker shall pay to Institution, as liquidated damages, __________ cents for each dollar not deposited.

SECTION FOUR

PERSONAL LOAN ACCOUNT AS PAYMENT OF NOTE

When this note matures, by acceleration or any other manner, Institution may apply the amount on deposit in the personal loan account against the amount owing on this note. However, Maker shall still be liable for any indebtedness represented by this note that remains unpaid after this application.

SECTION FIVE

SECURITY INTEREST IN OTHER PROPERTY IN POSSESSION OF INSTITUTION

As security for the payment of this note and for the payment of all other debt of Maker to Institution, including debt of every kind and description, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, and regardless of how the debt is evidenced, Maker grants to bank a continuing lien on all instruments, documents of title, policies of insurance, deposits, moneys, or any other property now or hereafter owned by Maker now or hereafter in the possession or under the control of Institution.

SECTION SIX

ACCELERATION ON DEFAULT

This note shall become immediately due at the option of Institution or other holder of this note without demand or notice on the occurrence of any of the following events: (a) failure to deposit the appropriate amount in the personal loan account as specified in Section Two; (b) the death of, dissolution of, or beginning of any action to dissolve any maker or any endorser of this note; (c) commencement of any proceeding by or against any maker or any endorser under the federal Bankruptcy Act or any other present or future state or federal insolvency laws; (d) failure of any maker to furnish on request of Institution additional security satisfactory to Institution for this note within __________ days after demand by Institution for such additional security; or (e) failure to pay any other obligation now or hereafter owing to Institution or any other holder of this note by any maker or by any endorser.

SECTION SEVEN

WAIVER OF PRESENTMENT, PROTEST, AND NOTICE OF DISHONOR

Each Maker and each endorser of this note waives presentment, protest, and notice of dishonor and any other notice that may be required.

SECTION EIGHT

POWERS OF INSTITUTION IN DEALING WITH NOTE

Each Maker and each endorser authorizes Institution to do the following without giving notice and without affecting the liability of any Maker or endorser: (a) date this note; (b) fill in any blank spaces in this note according to the terms on which Institution grants the loan; (c) correct patent errors; (d) cause the signature of one or more additional Maker or endorsers to be added to this note at any time; (e) extend the time of payment of this note in whole or in part; (f) sell, exchange, surrender, or otherwise deal with the property now or hereafter securing this note; (g) assign this note or any security therefore to any other person.

SECTION NINE

CHOICE OF LAWS

This note shall be governed by and construed in accordance with the laws of __________________ (state) in all respects, including matters of construction, validity, and performance.

SECTION TEN

JOINT AND SEVERAL LIABILITY

The Makers of this note shall be jointly and severally liable.

SECTION ELEVEN

CONFESSION OF JUDGMENT

Each Maker and each endorser of this note authorizes any attorney at law to appear in any court of record in __________________ (state) or any other state or territory of the United States after this note becomes due, by acceleration, or otherwise, and admit the maturity of this note, waive the issuing and service of process, and confess judgment against each Maker or endorser in favor of Institution or any other holder of this note for the amount then appearing due and the costs of collection, including reasonable attorney fees and legal costs. Each Maker and each endorser shall also waive all errors, rights of appeal, and stays of execution. This is a joint and several warrant of attorney.

Dated: __________________

____________________________

Signatures of Make

 

 

Warning:

These forms are provided AS IS. They may not be any good. Even if they are good in one jurisdiction, they may not work in another. And the facts of your situation may make these forms inappropriate for you. They are for informational purposes only, and you should consult an attorney before using them.

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