Scribd
Upload
37 views4 pages

Promissory Note Template for Borrowers

This promissory note establishes a loan between a lender and borrower for a principal amount of $[AMOUNT]. The borrower promises to repay the loan with interest by [DATE OR ON DEMAND], or in installments of $[AMOUNT] every [TIME PERIOD]. The loan [IS/IS NOT] secured by [COLLATERAL]. If payment is late, the borrower [WILL/WILL NOT] pay a late fee and [MAY/MAY NOT] prepay the loan without penalty. Upon default, the borrower must pay collection costs including attorney's fees, and the loan [MAY/MAY NOT] be accelerated. The note is governed by the laws of

Uploaded by

Raja K
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
37 views4 pages

Promissory Note Template for Borrowers

This promissory note establishes a loan between a lender and borrower for a principal amount of $[AMOUNT]. The borrower promises to repay the loan with interest by [DATE OR ON DEMAND], or in installments of $[AMOUNT] every [TIME PERIOD]. The loan [IS/IS NOT] secured by [COLLATERAL]. If payment is late, the borrower [WILL/WILL NOT] pay a late fee and [MAY/MAY NOT] prepay the loan without penalty. Upon default, the borrower must pay collection costs including attorney's fees, and the loan [MAY/MAY NOT] be accelerated. The note is governed by the laws of

Uploaded by

Raja K
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

PROMISSORY NOTE

State of [STATE]

Principal Amount: $[AMOUNT]

Date: [INSERT DATE]

Background:

This Promissory Note is made and entered into on the between:

Lender: [INSERT NAME] located at [INSERT ADDRESS] with a mailing address of [ADDRESS]
(“Lender”) and

Borrower: [INSERT NAME] located at [INSERT ADDRESS] with a mailing address of [ADDRESS]
(“Borrower”).

Borrower hereby promises to pay to the order of [NAME OF LENDER] the principal sum of $
[AMOUNT] including interest in accordance with the terms set forth below.

Payment

1. The Principal Amount together with any accrued and unpaid interest and all other charges,
costs, and expenses, is due and payable on [DATE] OR demand of the Lender. All payments
under this Note are applied first to any accrued interest and then to the Principal Amount.

Payment Schedule

2. This Note shall be payable in installments equal to $[AMOUNT]. The first payment is due on
[DATE] and due thereafter in equal consecutive installments every [Month] [Quarter] [Year]
[OTHER]. OR
This Note shall not be payable in installments.

Security

3. This is a secured note. Borrower agrees that until the Principal Amount of this Note together
with any interest is paid in full, this Note will be secured by [COLLATERAL] and Borrower
hereby grants to Lender a security interest in and to such property. OR
This is an unsecured note.

Late Fee [INSERT ONE]

4. If Borrower fails to make a payment due under this Note within [DAYS] after the due date,
Borrower agrees to pay to Lender a late payment fee of: [INSERT ONE]
$[AMOUNT]. OR
[PERCENTAGE]% of the amount then due. OR
A late payment fee will not be charged.

© [Link]
Interest [INSERT ONE]

5. The Principal Amount shall bear interest at the rate of $[AMOUNT] per annum, which will
accrue daily. The total interest charged on the Principal Amount shall not exceed the
maximum amount allowed by law and Borrower shall not be obligated to pay any interest in
excess of such amount. OR

The Principal Amount shall not bear interest.

Acceleration [INSERT ONE]

6. In the event Borrower is more than [DAYS] days late with a payment, Lender in its sole
discretion may demand that the entire balance of the unpaid principal amount and any
accrued and unpaid interest be immediately due and payable in full. OR
This note will not be accelerated if a payment is late.

Prepayment [INSERT ONE]

7. Borrower has the right to prepay all or any part of the Principal Amount of this Note at any
time without prepayment penalty or premium of any kind. Borrower must provide [DAYS]
days prior written notice to Lender of the prepayment and the amount of the prepayment.
[INSERT IF APPLICABLE] If Borrower pays all of the Principal Amount, together with any
accrued interest, on or before [DATE] Lender will give a discount of $[AMOUNT] of the
outstanding Principal Amount due. OR
Borrower may not prepay the note.

Costs and Fees

8. Upon the occurrence of a default by Borrower, Borrower shall pay to Lender all costs of
collection, including reasonable attorney's fees.

Waiver

9. Borrower and all sureties, guarantors, and endorsers waive presentment, protest and
demand, notice of protest, demand and dishonor and nonpayment of this Note.

Guaranty

10. [GUARANTOR NAME] located at [GUARANTOR ADDRESS] (“Guarantor”) promises to


unconditionally guarantee to Lender, the full payment and performance by Borrower of all
duties and obligations arising under this Note.
11. Guarantor agrees that this guaranty shall remain in full force and effect and be binding on
Guarantor until this Note is satisfied.

Assignment

12. Borrower may not assign its rights or delegate its duties under this Note without Lender’s
prior written consent.

Joint and Several Liability

13. The obligation of each Borrower under this Note shall be joint and several.

Amendment

© [Link]
14. This Note may be amended or modified only by a written agreement signed by Borrower and
Lender.

Notifications

15. Any notice or communication under this Note must be in writing and either personally
delivered, sent by overnight courier service, certified or registered mail, postage prepaid,
return receipt requested or by facsimile or electronic email transmission.

Governing Law

16. This Note shall be governed by and construed in accordance with the laws of the State of
[STATE].

Miscellaneous

17. This Note will be binding on the respective successors and permitted assigns of Lender and
Borrower. Lender shall not be deemed to have waived any provision of this Note or the
exercise of any rights held under this Note unless such waiver is made expressly and in
writing. Waiver by Lender of a breach or violation of any provision of this Note shall not
constitute a waiver of any other subsequent breach or violation. In the event that any of the
provisions of this Note are held to be invalid or unenforceable in whole or in part, the
remaining provisions shall not be affected and shall continue to be valid and enforceable as
though the invalid or unenforceable parts had not been included in this Note.

IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first stated above.

© [Link]
SIGNATURES

Borrower Signature Borrower Full Name

Borrower Signature Borrower Full Name

Guarantor Signature Guarantor Full Name

Lender Signature Lender Full Name

Lender Signature Lender Full Name

© [Link]

Common questions

Powered by AI

In the event of a Borrower's default, the Lender gains the right to enforce collection of the outstanding debt, which may include demanding the full Principal Amount and any accrued interest via the acceleration clause. The Lender can also pursue legal recourse to recover costs, including reasonable attorney's fees associated with the collection process. This ensures that the Lender is compensated for default-related expenses and underscores the importance of compliance with the note's terms by the Borrower .

Promissory Notes usually allow the Borrower to prepay all or part of the Principal Amount without any penalty or premium, often requiring prior written notice to the Lender. Some notes might offer a discount if the Borrower settles the entire Principal Amount with accrued interest by a specified date. However, certain notes might prohibit prepayment completely, thus stipulating the need for full adherence to the agreed-upon schedule .

A Promissory Note is considered secured if it is supported by collateral provided by the Borrower, granting the Lender a security interest in the specified property until the Principal Amount, along with any accrued interest, is fully paid. Conversely, a note is unsecured if there is no collateral tied to ensure payment, leaving the Lender exposed to higher risk in case of Borrower default .

Notices and communications under a Promissory Note must be in writing and delivered through personal delivery, overnight courier service, certified or registered mail, or electronic means such as email or facsimile. Ensuring proper delivery as per these methods is crucial for confirming the receipt and acknowledgment of critical information related to the note. It establishes a reliable record of communication, reducing disputes and misunderstandings between the parties .

The joint and several liability clause ensures that each Borrower is individually responsible for the entire debt under the Promissory Note. This means that the Lender can demand repayment of the full amount from any one of the Borrowers, holding them accountable for the total debt until it's paid off. It provides the Lender with flexibility in enforcing the note, reducing the risk associated with default by distributing liability across multiple parties .

The governing law clause specifies the jurisdiction whose laws will be applied to interpret and enforce the terms of a Promissory Note. This clause is significant as it dictates the legal framework for resolving any disputes, ensuring consistency and predictability in the adjudication process. The agreed jurisdiction can influence the rights and obligations perceived by the parties involved and the strategic considerations for dispute resolution .

The presence of a guarantor under a Promissory Note adds an additional layer of liability, as the guarantor unconditionally guarantees the full payment and performance of the Borrower's obligations. This inclusion provides the Lender with a secondary recourse if the Borrower defaults, enhancing the security of the note by involving another party's financial backing and responsibility. The guarantor's liability remains in force until the note is satisfied .

The waiver of presentment, protest, and demand means that the Borrower and guarantors forgo their right to be formally notified about the Lender's intention to demand payment or to be alerted if the note or payment is dishonored. This legally absolves the Lender from having to follow certain procedural notifications before enforcing the terms of the note, thus simplifying the collection process and protecting the Lender's interests .

The acceleration clause allows the Lender to demand immediate payment of the entire unpaid principal and any accrued interest if the Borrower is late with a payment beyond a specified number of days. This clause significantly increases the Borrower's obligations, as they must promptly repay the full outstanding balance rather than adhere to the original payment schedule. It serves as a protective measure for the Lender against default risk .

A Promissory Note can only be amended or modified through a written agreement that is signed by both the Borrower and the Lender. Such modifications must comply with the existing clauses that dictate the processes and permissions for adjustments, ensuring that any changes are formally documented and consented to by all involved parties. This prevents unauthorized alterations and maintains the legal validity of the note .

You might also like