SECURED INSTALLMENT NOTE -- VARIABLE PAYMENTS
TERMS OF NOTE
For value received, _________ (makers), of __________ (addresses), __________ (city), __________ (county), __________ (state), in this note referred to as makers, jointly and severally, promised to pay to the order of ________________ (financial institution), of __________ (address), ____________ (city), __________ (county), __________ (state), in this note referred to as institution, at __________ (address), __________ (city), __________ (county), __________ (state), the principal sum of __________________ ($__________) with interest thereon at __________ percent (________%) per annum on the unpaid balance of the principal. Payment of principal and interest shall be made on the dates and in the amounts shown in the attached schedule of payments. Any payment made on this note shall be applied first to interest, with the remainder of the payment being applied to principal.
DEFINITION OF COLLATERAL
The term collateral used in this note means the following property that has been pledged to the institution:
Market value as of __________________________
Description __________ (date)
Collateral shall also include all other property of makers that now or hereafter comes under the control of the institution for any purpose, including dividends, distributions, or other rights in connection with any property described above.
LIEN OF INSTITUTION
Institution has a lien on the collateral to secure payment of this note and all other obligations that makers owe to the institution, regardless of the manner the other obligations were created and regardless of whether the obligations are absolute or contingent, now or hereafter existing, due or to become due.
DEFINITION OF OBLIGATIONS
This note and the obligations described in Section Three are in this note collectively referred to as obligations.
PRESERVATION OF COLLATERAL
Institution shall be deemed to have exercised reasonable care in the preservation of the collateral if the institution takes the action that makers request in writing that the institution takes to preserve the collateral. Failure of the institution to comply with the written requests of the makers shall not of itself be deemed a failure to exercise reasonable care. No failure of the institution to preserve any rights with respect to the collateral against prior parties or to do any act with respect to preservation of the collateral not requested by the makers shall be deemed a failure to exercise reasonable care.
POWERS OF INSTITUTION OVER COLLATERAL
In addition to all other rights possessed by the institution, the institution, from time to time, whether before or after this note becomes due and payable, may (a) transfer any part of the collateral into the name of the institution or its nominee, with or without disclosing that the collateral is subject to the security interest described in Section Three; (b) notify the parties obligated on any of the collateral to make payment to the institution of any amounts due or to become due under this note; (c) enforce collection of any of the collateral; (d) release or exchange any of the collateral; (e) compromise, extend, or renew this note for any period, regardless of whether the period is longer than the original period without compromising its security interest in the collateral; and (f) take control of any proceeds from the sale of the collateral.
ACCELERATION ON DEFAULT
If there is nonpayment of any amount due on any of the liabilities or if any statement in any application for the loan evidenced by this note or in any supporting document is untrue in any material respect at the time the statement was made, this note and all other liabilities may, at the option of the institution, and without demand or notice of any kind, be declared and shall become immediately due and payable.
COSTS OF COLLECTION
Makers shall pay all expenses incurred by the institution, including reasonable attorney fees, expended, in the collection or enforcement of any provision of this note.
NOTICE OF DISPOSITION OF COLLATERAL
If any notice of the intention of payee to dispose of any collateral is required by law, notice shall be deemed to be reasonably and properly given to makers if notice is mailed by ___________ (certified or registered) mail, with postage prepaid, return receipt requested, to the last known addresses of makers at least __________ days before disposition of the collateral.
APPLICATION OF PROCEEDS FROM DISPOSITION OF
Any proceeds received from the disposition of any collateral may be applied by the institution to the payment of expenses in connection with the collection and disposition of the collateral. The proceeds shall then be applied to the payment of the liabilities in the order the institution may elect. After the satisfaction of all obligations, the remainder of the proceeds shall be paid to the makers as their interest in the collateral may appear.
WAIVER OF PRESENTMENT, PROTEST, AND NOTICE OF DISHONOR
Makers waive presentment, protest, notice of dishonor, and all other notices normally required by law, except where notice is expressly provided for in this note.
EXTENSION OR RENEWAL OF NOTE
Institution may, from time to time, extend or renew this note for any period, regardless of whether the period is longer or shorter than the original period of this note.
RELEASE OF NOTE
Institution may grant releases or compromises of this note or any collateral therefor to any party who is liable to make payment on this note, without notice or consent of makers, and without affecting the liability of makers under this note.
CONFESSION OF JUDGMENT
To secure payment of this note, the makers authorize any attorney of any court of record of __________ (state), to appear for the makers at any time after payment of this note is due, whether by acceleration or otherwise, to confess judgment, without service of process, in favor of the institution and against the makers for the amount due on this note and unpaid, together with costs of the proceedings and reasonable attorney fees. Makers waive all errors that may occur in any confession of judgment proceeding, and consent to immediate execution on any judgment ordered.
CHOICE OF LAW
This note has been made and delivered in __________ (state), and shall be construed in accordance with the laws of __________ (state).
SEVERABILITY OF INVALID PROVISION
If any provision, or a part of any provision, of this note is invalid under the laws of __________ (state), the provision or part thereof shall be ineffective to the extent of its invalidity under the applicable law without invalidating the remainder of the provision or other provisions of this note.
REFUND OF CREDIT
On payment of this note in full before the scheduled maturity date, a refund credit shall be granted to the extent provided by law.
DATING OF NOTE
If this note is not dated when executed by the makers, the institution is authorized, without notice to makers, to date this note.
(Signature of Makers)
Browse Real Estate Forms & Mortgage Forms Alphabetically