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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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PROMISSORY
NOTE
$___________
___________, ____________
_________________,
19____
FOR VALUE
RECEIVED, the undersigned, promise to pay to the order of
___________________________,
(hereinafter referred to as "Payee"; Payee together with any
subsequent
holder hereof or any interest herein being hereinafter referred to as
"Holder")
at___________________________,
or at such other place as the Holder may from time to time
designate in
writing, without grace, except as may be otherwise expressly provided for
herein, the
principal sum
_______________________ ($______), together with interest from the date hereof
at a rate of
(9)% per annum on the unpaid principal balance from time to time outstanding in
accordance with
the following provisions:
(a) Commencing
______________ 19____, and on the ____ day of each and every month
thereafter until
_____________, 19____, the undersigned shall pay to Holder equal installments of
_____________
($_______), including principal and accrued interest on the unpaid principal
balance. The
entire outstanding principal balance shall be due and payable in full on or
before
________________,
19____.
This Note and
the instruments securing it are to be governed, interpreted and construed by,
through and
under the laws of the State of ______________. This Note may be prepaid in
whole or in part
at any time without penalty or premium. If this Note provides for installment
payments of
principal, prepayment of principal payments shall be applied in the inverse
order such
installment
payments are due, applying first to the last principal installment due
hereunder.
This Note is
secured by a Mortgage of even date herewith executed by the undersigned in
favor of the
Payee herein, which is a lien on certain collateral security as described
therein.
In the event
that any payment of principal and/or interest is not made within thirty (30)
days
that same is
due, which event shall constitute an "Event of Default" hereunder, or
in the event of
any default
under the terms of the Mortgage securing this Note, the undersigned shall pay,
during
the period of
such default, interest on the unpaid balance of the indebtedness evidenced by
this
Note at the
highest rate allowed by law.
The Holder shall
have the optional right to declare the amount of the total unpaid balance
hereto to be due
and forthwith payable in advance of the maturity date of any sum due or
installment, as
fixed herein, upon the failure of the undersigned to pay, when due and after
thirty
(30) days+ that
same is due, any of the installments of interest and/or principal, or upon the
occurrence of
any event of default or failure to perform in accordance with any of the terms
and
conditions in
the Mortgage securing this Note or in any other security document executed
and/or
delivered in
conjunction herewith. Upon exercise of this option by the Holder, the entire
unpaid
principal shall
bear interest at the highest rate allowed by law. Forbearance to exercise this
option
with respect to
any failure or breach of the undersigned shall not constitute a waiver of the
rights to
any continuing
failure or breach or any subsequent failure or breach.
In no event
shall the amount of interest due or payments in the nature of interest payable
hereunder exceed
the maximum rate of interest allowed by applicable law, as amended from time
to time, and in
the event any such payment is paid by the undersigned or received by the Holder,
then such excess
sum shall be credited as a payment of principal, unless the undersigned shall
notify the
Holder, in writing, that the undersigned elects to have such excess sum returned
to it
forthwith.
Time is of the
essence hereunder and, in case this Note is collected by law or through an
attorney-at-law,
or under advice therefrom, the undersigned agrees to pay all costs of collection
including
reasonable attorneys' fees. Reasonable attorneys' fees are defined to include,
but not be
limited to, all
fees incurred in all matters of collection and enforcement, construction and
interpretation,
before, during and after suit, trial, proceedings and appeals. Attorneys' fees
shall
also include
hourly charges for paralegals, law clerks and other staff members operating
under the
supervision of
an attorney.
The remedies of
the Holder, as provided herein or in the Mortgage, shall be cumulative and
concurrent, and
may be pursued singularly, successively or together, at the sole discretion of
the
Holder, and may
be exercised as often as occasion therefor shall raise. No act of omission or
commission of
the Holder, including specifically any failure to exercise any right, remedy or
recourse, shall
be deemed to be a waiver or release of the same, such waiver or release to be
affected only
through a written document executed by the Holder and then only to the extent
specifically
recited therein. A waiver or release with reference to any one event shall not
be
construed as
continuing, as a bar to, or as a waiver or release of any subsequent right,
remedy or
recourse as to a
subsequent event.
Any notice to be
given or to be served upon any party hereto, in connection with this Note,
must be in
writing, and may be given by certified or registered mail and shall be deemed to
have
been given and
received on the third (3rd) business day after a certified or registered letter
containing such
notice, properly address, with postage prepaid, is deposited in the United
States
mail; and if
given otherwise then by certified or registered mail, it shall be deemed to have
been
given when
delivered to and received by the party to whom it is addressed. Such notices
shall be
given to the
parties hereto as set forth in the Mortgage.
All persons or
corporations or other entities now or at any time liable, whether primarily or
secondarily, for
the payment of the indebtedness hereby evidenced, for themselves, their heirs,
legal
representatives, successors and assigns respectively, hereby (a) expressly waive
presentment,
demand for payment, notice of dishonor, protest, notice of non-payment or
protest,
and diligence in
collection except as may be otherwise expressly provided; (b) consent that the
time
of all payments
or any part thereof may be extended, rearranged, renewed or postponed by the
Holder hereof
and further consent that the collateral security or any part thereof may be
released,
exchanged, added
to or substituted for by Holder hereof, without in anywise modifying, altering,
releasing,
affecting or limiting their respective liability or the lien of any security
instrument; (c)
agree that the
Holder, in order to enforce payment of this Note, shall not be required first to
institute
any suit or to
exhaust any of its remedies against the undersigned or any other person or party
to
become liable
hereunder.
If more than one
party shall execute this Note, the term "undersigned" as used herein,
shall
mean all parties
signing this Note and each of them, who shall be jointly and severally obligated
hereunder.
In this Note,
whenever the context so requires, the neuter gender includes the feminine
and/or
masculine, as the case may be, and the singular number includes the plural.
All references
herein to interest at the "maximum rate" shall mean "maximum
legal contract
rate".
IN WITNESS
WHEREOF, the undersigned has caused this Note to be executed in its
name on the day
and year first above written.
_____________________________
Maker'+ Address:
_____________________________
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