Promissory Note

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This promissory note is a written acknowledgment of a debt owed, between two or more parties, and a promise to repay the debt. Promissory notes can be secured or unsecured. This promissory note provides for a specific due date, fixed rate of interest, and due date of the repayment of the promissory note. It also provides for the option of securing the promissory note by way of collateral as well as various options of repayment frequency of principal and interest.

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									Secured Promissory Note
This Secured Promissory Note is an agreement between a lender and a borrower,
whereby the borrower promises to repay the loan in the future. The agreement sets forth
the interest rate that is added to any unpaid balance. Under this particular promissory
note, the borrower provides additional security for the repayment of the loan by
providing the lender with a security interest in certain assets. This document should be
used by individuals or entities when entering into a loan agreement using certain assets
as security for the repayment of a loan.
                                          PROMISSORY NOTE
Borrower Information:                [Instruction: Insert Name, Address of Borrower]
Lender Information:                  [Instruction: Insert Name, Address of Lender]
Amount:                              _____________ dollars ($__)
Due:                                 _____________________
Interest:                            _________ percent (___ %) [Instruction: Insert applicable

For value received, _________________ (the “Borrower”) [Instruction: Insert borrower
name] the undersigned, hereby unconditionally promises to pay to the order of
____________________ (the “Lender”) [Instruction: Insert Lender name] at
_______________________, [Instruction: Insert address of Lending Party] or at such other
address as he/she/it in writing may direct, without any right of deduction, set-off, or abatement
whatsoever, the principal sum of _________________ dollars ($_____) [Instruction: Insert
principal sum] (the “Principal”), with interest accrued at the rate of __________ percent (___%)
per annum [Instruction and Comment: Insert interest rate. Parties may customize to
different computation period, such as, for example, a monthly interest rate. If the interest
rate is to be variable, remove the word “fixed,” insert variable, state initial percentage rate,
and attach rate change schedule as an Exhibit hereto], to become due and payable on the
____ day of ______________, _______. [Instruction: Insert due date]

Borrower hereby promises to pay the Principal and the interest accrued thereon to Lender in
equal and consecutive ___________________ (monthly/quarterly/yearly) installments in the
amount of __________________ dollars ($________) (per month/per quarter/per year)
commencing on the ______ day of __________, 20____ and each and every ______ day of
______________ thereafter, with the final installment of Principal and interest due and payable
on the _____ day of ____________, _______. [Instruction: Insert applicable terms]

The entire amount of Principal outstanding hereunder and any accrued interest thereon, is
secured by way of _____________________________ [Instruction: Insert collateral being
securitized. If substantial number of items, you may attach hereto as a separate schedule]
(the “Collateral”) and may become due and payable, without notice or demand, in the event of
any one or more following events of default:

1.     Any monthly installment of Principal and interest not paid when due and remaining
unpaid for a period of ___________ (___) days thereafter;

2.     Any change in ownership of or in the Collateral, without the prior written consent of

3.       Any default as defined in the Collateral securing this Promissory Note; or

4.     Any bankruptcy or insolvency proceedings that are brought by or against the

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Should any amount(s) that become due under this Promissory Note not be paid in full in
accordance with its terms and provisions, the undersigned hereby agrees to pay to Lender all
reasonable associated costs, fees, and expenses (including without limitation, attorneys’ fees)
incurred for the collection of same.

In the event of payment of interest or any other amounts secured by this Promissory Note, upon
the bankruptcy or insolvency of the undersigned, upon the filing of a petition in bankruptcy
against the undersigned, or upon the making of a proposal in bankruptcy by the undersigned, the
whole of the monies (or any part thereof) secured by this Promissory Note remaining unpaid
shall, at the option of Lender, forthwith become due and payable and all the powers in and by the
Promissory Note or by law conferred in case of default shall become exercisable.

The undersigned hereby waives the benefits of division and discussion, demand and presentment
for payment, notice of non-payment, and protest and notice of protest of this Promissory Note.

No course of dealing between the undersigned and Lender, delay on the part of Lender in
exercising any rights hereunder, or waiver of any instance of breach shall operate as a waiver of
any rights of Lender. All of the covenants, stipulations, promises, and agreements contained in
this Promissory Note made by or on behalf of the undersigned shall bind his/her/its heirs,
executors, administrators, successors, and assigns, whether or not so expressed.

The undersigned may, at any time, without notice, bonus, or penalty, prepay or cause to be
prepaid the whole or any part of the Principal and interest accrued remaining unpaid hereunder.
Any payments made in excess of any interest-only payment due shall be applied first to any late
charges then due and owing, then to any NSF charges then due and owing, and then to any
interest then due and owing. The remainder of any such excess payment shall then be applied to
the Principal.

This Promissory Note shall be governed and construed in accordance with the applicable laws of
the State of ______________________. [Instruction: Insert state] [Option: At the parties’
option, the Agreement can be made assignable using the following language. If only one
party is to be permitted to assign the rights and obligations under this Note, this can be
modified to state which party is permitted to assign.] The Borrower covenants and agrees
not to assign any of the obligations under this Promissory Note, except by express, written
consent of Lender. Borrower shall, however, be permitted to assign its rights to receive
money under this Promissory Note, without the consent of Lender. An assignment without
the prior written consent of Lender shall be absolutely null and void and shall, at Lender’s
option, terminate this Promissory Note. In the event of same, at Lender’s option and in its
sole discretion, all principal and interest due under this Promissory Note may become
immediately due and payable in full. Lender shall have the right to assign its rights and
obligations under this Promissory Note without any consent by Borrower.

Any change to this Promissory Note, other than a change in Lender’s address, shall be in a
writing signed by both parties.

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DATED: ____________________, this _____ day of _____________, 20____.

[Enter Company Name, if applicable]
I have authority to bind the Company.

[or, if individual]


Print Name:

[Comment: Lender should consult a tax professional and licensed attorney specializing in
tax law if the loan is to be payable at 0% interest, or if any portion of the loan is to be
forgiven, as these may implicate estate tax, among other tax issues]

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