A secured promissory has to be used when a borrower promises to pay a certain amount. The promise can be to repay a loan with a security of a deed of trust, mortgage or in the form of some other valuable security.
This security has to be equivalent in amount to the loan amount which needs to be repaid. The promissory note is a form of security for the lender in the case of default of payment. The person who has lent the money can recover his loan money from the security that has been provided. This form is a template which can be adjusted according to needs of the parties.
The form requires details such as the amount of the promissory note and the date on which the promissory note has been made. The maker of the promissory note is the person who promises to pay back the money to the holder. The name of both the maker and the holder need to mentioned, followed by the amount of money that the maker promises to pay. The interest which needs to be paid on the loan amount also needs to be mentioned as agree between the parties.
The next part requires the details regarding the installments that need to be paid. The parties must decide whether there will be installments and in what amount. The date on which the installments start and date on which they end need to be mentioned. The appropriate boxes need to be checked depending on what is agreed.
The due date, default interest and the charges in case of late payments also need to be filled in the appropriate blanks. The promissory note needs to be signed by both the maker as well as the holder in two separate locations, where the relevant blanks have been left.
Any further terms that may have been agreed to can be attached to the note and signed by both parties for them to be binding. The last part of the note makes mention of the choice of security which will be used for the promissory note and the address of the maker.
Text Version of the Form
SECURED PROMISSORY NOTE
$
Date:
FOR VALUE RECEIVED,
,
hereinafter “Maker” promises to pay to
,
hereinafter “Holder” or order at
,
or other such place as may be designated by the Holder from time to time, the principal sum of
Dollars ($ ), with
interest thereon from day of on the unpaid principal at the rate of percent ( %)
per annum as follows:
- INSTALLMENT PAYMENTS: Maker shall pay, (check one)
- ☐ NO INSTALLMENTS. No installment payments are required.
- ☐PRINCIPAL and INTEREST INSTALLMENTS of
Dollars ($ ).
- ☐INTEREST ONLY PAYMENTS on the outstanding principal balance.
(The following must be completed if “b” or “c” is checked)
The installment payments shall begin on the day of ,
and shall continue on the day of each succeeding: (check one)
☐calendar month ☐third calendar month ☐sixth calendar month ☐twelfth calendar month
☐Other:
- DUE DATE: The entire balance of this Note together with any and all interest accrued thereon shall be due and payable in full on day of .
- DEFAULT INTEREST: After maturity, or failure to make any payment, any unpaid principal shall accrue interest at the rate of percent ( %) per annum (18% if not filled in) OR the maximum rate allowed by law, whichever is less, during such period of Maker’s default under this Note.
- ALLOCATION OF PAYMENTS: Each payment shall be credited first to any late charge due, second to interest, and the remainder to principal.
- PREPAYMENT: Maker may prepay all or part of the balance owed under this Note at any time without penalty.
- CURRENCY: All principal and interest payments shall be made in lawful money of the United States.
- LATE CHARGE: If Holder receives any installment payment more than days (15 days
if not filled in) after its due date, then a late payment charge of $ , or percent ( _%) of the installment payment (5% of the installment payment if neither is filled in) shall be added
to the scheduled payment.
- DUE ON SALE: (OPTIONAL-Not applicable unless initialed by Holder and Maker to this Note) If this Note is secured by a Deed of Trust or any other instrument securing repayment of this Note, the property described in such security instruments may not be sold or transferred without the Holder’s Upon breach of this provision, Holder may declare all sums due under this Note immediately due and payable, unless prohibited by applicable law.
Maker (Initials) Holder (Initials)
- ACCELERATION: If Maker fails to make any payment owed under this Note, or if Maker defaults under any
Deed of Trust or any other instruments securing repayment of this Note, and such default is not cured within
days (30 days if not filled in) after written notice of such default, then Holder may, at its option,
declare all outstanding sums owed on this Note to be immediately due and payable, in addition to any other rights or remedies that Holder may have under the Deed of Trust or other instruments securing repayment of this Note.
- ATTORNEYS’ FEES AND COSTS: Maker shall pay all costs incurred by Holder in collecting sums due under this Note after a default, including reasonable attorneys’ fees, whether or not suit is brought. If Maker or Holder sues to enforce this Note or obtain a declaration of its rights hereunder, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding (including those incurred in any bankruptcy proceeding or appeal) from the non-prevailing party.
- WAIVER OF PRESENTMENTS: Maker waives presentment for payment, notice of dishonor, protest and notice of protest.
- NON-WAIVER: No failure or delay by Holder in exercising Holder’s rights under this Note shall be a waiver of such rights.
- SEVERABILITY: If any clause or any other portion of this Note shall be determined to be void or unenforceable for any reason, such determination shall not affect the validity or enforceability of any other clause or portion of this Note, all of which shall remain in full force and effect.
- INTEGRATION: There are no verbal or other agreements which modify or affect the terms of this Note. This Note may not be modified or amended except by written agreement signed by Maker and Holder.
- CONFLICTING TERMS: In the event of any conflict between the terms of this Note and the terms of any Deed of Trust or other instruments securing payment of this Note, the terms of this Note shall prevail.
- EXECUTION: Each Maker executes this Note as a principal and not as a surety. If there is more than one Maker, each such Maker shall be jointly and severally liable under this Note.
- COMMERCIAL PROPERTY: (OPTIONAL-Not applicable unless initialed by Holder and Maker to this Note) Maker represents and warrants to Holder that the sums represented by this Note are being used for business, investment or commercial purposes, and not for personal, family or household purposes.
Maker (Initials) Holder (Initials)
ORAL AGREEMENTS: ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER LAW.
- DEFINITIONS: The word Maker shall be construed interchangeably with the words Borrower or Payer and the word Holder shall be construed interchangeably with the words Lender or Payee. In this Note, singular and plural words shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply.
- ADDITIONAL TERMS AND CONDITIONS: (check one)
- ☐NONE
OR
- ☐As set forth on the attached “Exhibit A” which is incorporated by this reference.
(Note: If neither a or b is checked, then option “a” applies)
- THIS NOTE IS SECURED BY ☐DEED OF TRUST, ☐MORTGAGE, ☐ OF EVEN DATE.
Maker (signatures) Holder (signatures)
Maker’s address for all notices given by Holder under this Note:
DO NOT DESTROY THIS NOTE
WHEN PAID this original Note together with the Deed of Trust securing the same, must be surrendered to the Trustee for cancellation and retention before any reconveyance can be processed.