BALLOON NOTE
(Fixed Rate)
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE
ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE.
LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME.
YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER
ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH
MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU
THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE
TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH
A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
$100,000.00 Goshen, New York
Date: May ___, 2018
___________________________ 51 Casimer Road, Middletown, New York ______________________________
[Property Address]
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $100,000.00 (this amount is called
“Principal”), plus interest, to the order of Lender. Lender is Dorothy Baldwin, as Executrix of the Estate of Teresa
Tomaszewski. I will make all payments under this Note in the form of cash, check or money order. I understand
that Lender may transfer this Note. 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 5.00%.
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 payments on the 1st day of each month beginning on July 1, 2018. 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 July 1, 2020, 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 746 Patent Line Road, Franklin, New York 13775 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. $2,000.00.
4. BORROWER’S RIGHT TO PREPAY
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 this
Note.
I may make a full Prepayment or partial Prepayments without paying any 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 this 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.
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: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me that 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 Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15)
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
4.00% of my overdue payment of principal and interest. I will pay this late charge promptly but only once
on each late payment.
(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 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. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. 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 that might result if I do
not keep the promises that 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)
Little Acorn Roadhouse, LLC -Borrower
By: Joseph J. Haspel, Managing Member