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Installment Note-Bank Deposit As Collateral
INSTALLMENT NOTE-BANK DEPOSIT AS COLLATERAL
SECTION ONE
TERMS OF NOTE
For value received, [Name of makers], of [addresses of makers], in this note referred to as makers, promise to pay to the order of [Name of financial institution], of [address of financial institution], [city of financial institution], [state of financial institution], in this note referred to as institution, at [address of financial institution], [city of financial institution], [state of financial institution], the principal sum of Dollars $[Amount of Principal] with interest thereon at [Interest on note]% percent per year in installment as follows:
$[Total amount of note] Dollars in [number of installments] monthly installments of Dollars $[Installment amount] each, beginning on [start date of installments], continuing on the same day of each month, and ending on [end date of installments].
SECTION TWO
BANK DEPOSIT COLLATERAL
Makers shall furnish collateral security for the indebtedness evidenced by this note by depositing with institution on [delivery date of securities], $[Amount of collateral] Dollars for credit to the personal loan account No.[Loan Account Number], in this note referred to as personal loan account, and an equal amount is to be deposited at regular monthly intervals thereafter, until the total sum equal to the face amount of this note is deposited.
SECTION THREE
DEFAULT IN DEPOSITS
If makers fail to deposit money as agreed in Section Two, makers shall pay to institution, as liquidated damages, $ [Amount for liquidated damages] cents for each dollar not deposited.
SECTION FOUR
PERSONAL LOAN ACCOUNT AS PAYMENT OF NOTE
When this note matures, by acceleration or any other manner, institution may apply the amount on deposit in the personal loan account against the amount owing on this note. However, makers shall still be liable for any indebtedness represented by this note that remains unpaid after this application.
SECTION FIVE
SECURITY INTEREST IN OTHER PROPERTY IN POSSESSION OF
INSTITUTION
As security for the payment of this note and for the payment of all other debt of any of makers to institution, including debt of every kind and description, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, and regardless of how the debt is evidenced, makers grant to bank a continuing lien on all instruments, documents of title, policies of insurance, deposits, moneys, or any other property now or hereafter owned by any of makers now or hereafter in the possession or under the control of institution.
SECTION SIX
ACCELERATION ON DEFAULT
This note shall become immediately due at the option of institution or other holder of this note without demand or notice on the occurrence of any of the following events: (a) failure to deposit the appropriate amount in the personal loan account as specified in Section Two; (b) the death of, dissolution of, or beginning of any action to dissolve any maker or any indorser of this note; (c) commencement of any proceeding by or against any maker or any indorser under the federal Bankruptcy Act or any other present or future state or federal insolvency laws; (d) failure of any maker to furnish on request of institution additional security satisfactory to institution for this note within days after demand by institution for such additional security; or (e) failure to pay any other obligation now or hereafter owing to institution or any other holder of this note by any maker or by any indorser.
SECTION SEVEN
WAIVER OF PRESENTMENT, PROTEST, AND NOTICE OF DISHONOR
Each maker and each indorser of this note waives presentment, protest, and notice of dishonor and any other notice that may be required.
SECTION EIGHT
POWERS OF INSTITUTION IN DEALING WITH NOTE
Each maker and each indorser authorizes institution to do the following without giving notice and without affecting the liability of any maker or indorser: (a) date this note; (b) fill in any blank spaces in this note according to the terms on which institution grants the loan; (c) correct patent errors; (d) cause the signature of one or more additional makers or indorsers to be added to this note at any time; (e) extend the time of payment of this note in whole or in part; (f) sell, exchange, surrender, or otherwise deal with the property now or hereafter securing this note; (g) assign this note or any security therefor to any other person.
SECTION NINE
CHOICE OF LAWS
This note shall be governed by and construed in accordance with the laws of [state] in all respects, including matters of construction, validity, and performance.
SECTION TEN
JOINT AND SEVERAL LIABILITY
The makers of this note shall be jointly and severally liable.
SECTION ELEVEN
CONFESSION OF JUDGMENT
Each maker and each indorser of this note authorizes any attorney at law to appear in any court of record in [state] or any other state or territory of the United States after this note becomes due, by acceleration, or otherwise, and admit the maturity of this note, waive the issuing and service of process, and confess judgment against each maker or indorser in favor of institution or any other holder of this note for the amount then appearing due and the costs of collection, including reasonable attorney fees and legal costs. Each maker and each indorser shall also waive all errors, rights of appeal, and stays of execution. This is a joint and several warrant of attorney.
Dated:
[Signatures of makers]