For customizable promissory notes, please see Nolo's promissory note.
SECURED INSTALLMENT NOTE - NON VARIABLE PAYMENTS
TERMS OF NOTE
For value received ____________________, of _______________________________, in this note referred to as maker, promises to pay to the order of _____________________________, of _______________________________, in this note referred to as institution, the principal sum of $_________________ with interest thereon at ________ percent per annum in installments as follows: ______________________________ in _____ monthly installments of ___________ each, beginning on ____________, and on the same date of each month thereafter, ending on ___________________.
PREPAYMENT OF NOTE
If this note is prepaid in full before _______________, institution shall charge maker _________________ to cover acquisition costs of institution.
ACCELERATION ON DEFAULT
If any installment due on this note is not paid at the time and place specified in this note, the entire unpaid balance shall be payable immediately at the election of institution.
To secure the payment of this note, maker has pledged with institution the following property: _______________________________
Market value as of ____________________
Maker also pledges as collateral any additions to or substitutions for the pledged property, together with all money and other property held by institution on deposit or otherwise for the account of maker or in which maker has an interest.
Institution may call for additional collateral if institution determines in its sole discretion that additional collateral is necessary for its protection. If maker fails to supply the additional collateral that institution calls for within _______ days from the date of request, this note shall, at the option of institution, become immediately due and payable.
SALE OF COLLATERAL ON DEFAULT
On default by maker of any obligation of this note, institution may immediately, and without notice or advertisement, sell at public or private auction the collateral pledged under this note. If the sale is public, institution may purchase the collateral or any part thereof.
PROCEEDS OF SALE
After deducting all expenses incident to the sale of the collateral under Section Six, the proceeds from the sale of the collateral shall be applied by institution to the payment of this note. The balance, if any, of the proceeds shall be returned to maker.
EFFECT OF WAIVER OF RIGHTS BY INSTITUTION
Institution is not under any obligation to exercise any of its rights under this note, and failure of Institution to exercise its rights under this note or to delay in exercising any of its rights shall not be deemed a waiver of or in any manner impair any of the rights of Institution.
RIGHTS AND REMEDIES OF INSTITUTION CUMULATIVE
The rights and remedies of institution specified in this note are cumulative and do not exclude any other rights or remedies institution may otherwise have.
ACCELERATION ON INSOLVENCY OF MAKER
If maker shall be adjudged a bankrupt, or file a petition in bankruptcy, or have a petition in bankruptcy filed against , this note shall become due and payable immediately without demand or notice.
WAIVER OF PRESENTMENT, PROTEST, AND NOTICE OF DISHONOR
All parties to this note, whether maker, endorsers, sureties, guarantors, or otherwise, hereby waive all acts on the part of Institution required in fixing the liability of the party, including among other things presentment, demand, notice of dishonor, protest, notice of protest, notice of nonpayment, and any other notice.
If any installment of this note is not paid when due and remains unpaid for a period more than __________ days, a delinquency charge of _________ percent of each installment that is delinquent or ____________, whichever is less, shall be due and payable by maker.
COSTS OF COLLECTION
Maker shall pay on demand all costs of collection, including legal expenses and attorney fees, incurred by institution in enforcing this note on default.
ACKNOWLEDGMENT OF RECEIPT OF NOTE
Maker acknowledges receipt of a true copy of this note and certifies that all blank spaces in this note were completed and filled in before it was signed.
________________________________ Dated: _____________
(Signature of Maker)
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.