| PROMISSORY NOTE $__________________Date________________________ City, ___________________________________________ State, ________________________ FOR VALUE RECEIVED:_______________________________________________________, hereinafter “Maker” promises to pay to______________________________________________, hereinafter “Holder” or order at____________________________________________________, or other such place as may be designated by the Holder from time to time, the principal sum of Dollars ($__________________), with interest thereon from _______ day of ________________ on the unpaid principal at the rate of percent (__________%) per annum as follows: 1. INSTALLMENT PAYMENTS: Maker shall pay, (check one) a. ( ) NO INSTALLMENTS. No installment payments are required. b. ( ) PRINCIPAL and INTEREST INSTALLMENTS of ________________________________________________________ Dollars ($ ). c. ( ) 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:_______________________________________________________________________________ 2. 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 __________________________. 3. 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. 4. ALLOCATION OF PAYMENTS: Each payment shall be credited first to any late charge due, second to interest, and the remainder to principal. 5. PREPAYMENT: Maker may prepay all or part of the balance owed under this Note at any time without penalty. 6. CURRENCY: All principal and interest payments shall be made in lawful money of the United States. 7. 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. 8. 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 consent. 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) 9. 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. 10. 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. ___________________________________________________________________________________________________________ |