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Secured Installment Note--Nonvariable Payments
SECURED INSTALLMENT NOTE-NONVARIABLE PAYMENTS
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
PREPAYMENT OF NOTE
If this note is prepaid in full before [date], institution shall charge maker $ [Prepayment penalty] Dollars to cover acquisition costs of institution.
SECTION THREE
ACCELERATION ON DEFAULT
If any installment due on this note is not paid at the time and place specified in this note, the entire unpaid balance shall be payable immediately at the election of institution.
SECTION FOUR
COLLATERAL
To secure the payment of this note, maker has pledged with institution the following property:
Market value as of [date]
$ [Value of property]
Description [Description of property]
Maker also pledges as collateral any additions to or substitutions for the pledged property, together with all money and other property held by institution on deposit or otherwise for the account of maker or in which maker has an interest.
SECTION FIVE
ADDITIONAL COLLATERAL
Institution may call for additional collateral if institution determines in its sole discretion that additional collateral is necessary for its protection. If maker fails to supply the additional collateral that institution calls for within days from the date of request, this note shall, at the option of institution, become immediately due and payable.
SECTION SIX
SALE OF COLLATERAL ON DEFAULT
On default by maker of any obligation of this note, institution may immediately, and without notice or advertisement, sell at public or private auction the collateral pledged under this note. If the sale is public, institution may purchase the collateral or any part thereof.
SECTION SEVEN
PROCEEDS OF SALE
After deducting all expenses incident to the sale of the collateral under Section Six, the proceeds from the sale of the collateral shall be applied by institution to the payment of this note. The balance, if any, of the proceeds shall be returned to maker.
SECTION EIGHT
EFFECT OF WAIVER OF RIGHTS BY INSTITUTION
Institution is not under any obligation to exercise any of its rights under this note, and failure of institution to exercise its rights under this note or to delay in exercising any of its rights shall not be deemed a waiver of or in any manner impair any of the rights of institution.
SECTION NINE
RIGHTS AND REMEDIES OF INSTITUTION CUMULATIVE
The rights and remedies of institution specified in this note are cumulative and do not exclude any other rights or remedies institution may otherwise have.
SECTION TEN
ACCELERATION ON INSOLVENCY OF MAKER
If maker shall be adjudged a bankrupt, or file a petition in bankruptcy, or have a petition in bankruptcy filed against [him or her], this note shall become due and payable immediately without demand or notice.
SECTION ELEVEN
WAIVER OF PRESENTMENT, PROTEST, AND NOTICE OF
DISHONOR
All parties to this note, whether maker, indorsers, sureties, guarantors, or otherwise, hereby waive all acts on the part of institution required in fixing the liability of the party, including among other things presentment, demand, notice of dishonor, protest, notice of protest, notice of nonpayment, and any other notice.
SECTION TWELVE
DELINQUENCY CHARGE
If any installment of this note is not paid when due and remains unpaid for a period more than days, a delinquency charge of [Delinquency percent charge]% percent of each installment that is delinquent or $[Delinquency amount charge] Dollars , whichever is less, shall be due and payable by maker.
SECTION THIRTEEN
COSTS OF COLLECTION
Maker shall pay on demand all costs of collection, including legal expenses and attorney fees, incurred by institution in enforcing this note on default.
SECTION FOURTEEN
ACKNOWLEDGMENT OF RECEIPT OF NOTE
Maker acknowledges receipt of a true copy of this note and certifies that all blank spaces in this note were completed and filled in before it was signed.
Dated:
[Signature of maker]