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Loan Agreement (promissory note)

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Updated September 03, 2022

A promissory note is created when a borrower accepts money that is to be repaid to a lender with interest. A promissory note requires and holds the borrower to be liable for repaying the debt owed.

By bbin电竞官网官方永久

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By Type (2)

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Secured Promissory Note – For the borrowing of money with an asset of value “securing” the amount loaned such as a vehicle or a home. If the borrower does not pay back the amount within the time frame suggested the lender will have the right to obtain the property of the borrower.

Download: Adobe PDF , MS Word (.docx) , OpenDocument

 

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Unsecured Promissory Note – Does not allow the lender to secure an asset for money loaned. This means that if the payment is not made by the borrower that the lender would have to either file in small claims court or through other legal processes.

Download: Adobe PDF , MS Word (.docx) , OpenDocument

 

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Table of Contents

Promissory Notes: By bbin电竞官网官方永久 Promissory Notes: By Type (2) Secured Unsecured What is a Promissory Note? (Video) How to Create a Promissory Note (5 steps) How to Calculate (3 ways) Usury Laws (Interest Rates %) Key Terms & Clauses Sample How to Write

What is a Promissory Note ?

A promissory note is a promise to pay back money owed within a specific timeframe. The borrower receives the funds after the note is signed and agrees to make payments under the terms and conditions of the note. The lender will collect interest which acts as a fee for lending the money.

Video

How to Create a Promissory Note (5 steps)

1. Agree to Terms
2. Run a Credit Report
3. Security and Co-Signers
4. Writing the Note
5. Paying Back the Money

Step 1 – Agree to Terms

Before both parties sit down to write an agreement, the following should be verbally agreed upon:

• Amount ($) – The amount of money being borrowed.
• Interest Rate – In other words, the fee for borrowing the money (See How to Calculate ). Make sure to check the Interest Rate Laws in your bbin电竞官网官方永久 (or “Usury Rate”). All bbin电竞官网官方永久s have a maximum amount of interest a lender is able to charge.
• Late Fee(s) – In the case there will be penalties for late payment.
• Security  – Items such as vehicles or a 2nd mortgage on a home is provided if the borrowed money is not paid back by the borrower. This is to provide assurance to the lender that their money will be paid-back either in cash or assets.
• Terms of Repayment – Will the payments be made incrementally or as a lump sum?
• Default Clause – Provide terms in the chance the money is never paid back by the borrower.
• Co-Signer – If the borrower is not financially capable of borrowing the money a 2nd person should be named to pay back the loan if the borrower cannot do so themselves.

Step 2 – Run a Credit Report

It is always a good idea to run a credit report on any potential borrower as they may have outstanding debt unbeknownst to you. Especially if the debt is IRS or child support related it will take precedence over this promissory note. Therefore, it is imperative that a credit report is run before making any type of agreement.

Reporting Agencies – It is a good idea to use Experian which is free to the lender and charges $14.95 to the borrower. Experian is known as the most sensitive credit agency usually providing the lowest score of the 3 Credit Bureaus ( Experian , Equifax , and TransUnion ).

Authorization Form – In order to run someone else’s credit, you must obtain written legal permission.

Step 3 – Security and Co-Signer(s)

If there are red flags that appear on the credit report the lender may want to have the borrower add Security or a Co-Signer to the note. Common types of security include motor vehicles, real estate (provided as a 1st or 2nd mortgage), or any type of valuable asset.

This would mean that in the event the borrower did not pay back the funds that the lender would be able to obtain full ownership of the security placed in the note. In the case of a co-signer, he or she would be liable for the full extent of the money owed along with all penalties or late fees.

Step 4 – Writing the Note

After the main terms of the note have been agreed upon the lender and borrower should come together to authorize the formal agreement. For instructions on how to fill in the document, line-by-line refer to the How to Write section.

Signing – The money should exchange hands after it has been signed. It is not required that a witness sign the form but is recommended. For excessive amounts (more than $10,000) a notary public is recommended.

Step 5 – Paying Back the Money

The borrower should pay back the borrowed money on time and in accordance with the note. If not, fees may be applied to the overall balance. Once all the money has been fully paid back to the lender a Loan Release Form is created and issued to the borrower relieving them from any liability from the note.

• If Payment is Late  – If the payment is late the lender should issue a Demand Letter. This is a form that informs the borrower of the terms stated in the promissory note such as the penalty for late payment as well as how much time they have before they become in default.
• If Borrowed Money is Never Paid –  If the borrower defaults on the note then the lender can collect by minimizing their costs by seeking the funds through Small Claims Court (Small Claims is usually limited to a value of $10,000 or less, be sure to check the laws in your jurisdiction). If there was security placed in the note then the property or asset shall be turned over to the borrower in accordance with the note. Otherwise, legal action will most likely be necessary for money owed in value of more than $10,000.

How to Calculate (3 ways)

• Total Interest Owed
• Total Repayment Amount
• Monthly ($) Payment Amount

1. Total Interest Owed

To calculate is as follows:

Money Borrowed X Annual Interest Rate = Total Interest Owed (per Year)

If LESS than 1 Year – If the payment is monthly or quarterly, then divide the total above by the fraction of the year it will take to repay the loan. Example: Payment due in 3 months would require you to divide the total by 4 since it’s only 1/4 of the year. Furthermore, each month would require to divide by 12 since it’s 1/12 of the year.

• Sample Calculation – Let’s say I wanted to borrow $1,000 for 3 months at an annual interest rate of 10% . First, I would want to calculate the interest rate over a year span which would be $100 ($1,000 times 10%). Then, I would divide the $100 amount by 4 (as there are 4, 3-month periods in a year) and I would arrive at $25  as the total interest owed I would need to pay over the course of 3 months for borrowing $1,000. The final payment amount would be $1,025 .

2. Total Repayment Amount

To calculate is as follows:

Money Borrowed + Total Interest Owed = Total Repayment Amount

• Sample Calculation  – Let’s say I wanted to borrow $1,000 for 3 months at an interest rate of 10% . First I would want to calculate the interest rate over a year span which would be $100 ($1,000 times 10%). Then, I would divide the $100 amount by 4 (as there are 4, 3-month periods in a year) and I would arrive at $25 as the total interest owed I would need to pay over the course of 3 months for borrowing $1,000. The final payment amount would be $1,025 .

3. Monthly Payment Amount

To calculate is as follows:

( Money Borrowed + Total Interest Owed ) / Number (#) of Months = Monthly Payment Amount

• Sample Calculation  – Let’s say I wanted to borrow $1,000 for 3 months at an interest rate of 10% . First I would want to calculate the interest rate over a year span which would be $100 ($1,000 times 10%). Then I would divide the $100 amount by 4 (as there are 4, 3-month periods in a year) and I would arrive at $25 as the total interest owed. Then we would add the Money Borrowed of $1,000 to the $25 of interest due which equals $1,025. Since there are 3 months we would divide $1,025 by 3 and the monthly payment amount would equal $341.67 .

Usury Laws (Interest Rates %)

Also known as the maximum rate of interest a lender can charge . It’s important that Lenders do not charge a rate of interest more than what their state allows. The following are links to each state’s Usury Rate Laws.

Key Terms & Clauses

• Allocation of Payments
• Acceleration
• Attorney’s Fees and Costs
• Conflicting Terms
• Co-Signer
• Execution
• Integration
• Non-Waiver
• Notice
• Pre-Payment
• Severability
• Waiver of Presentments

Allocation of Payments – Describes how payments shall be made in regards to late fees, interest, and the principle. In our free promissory note, payments shall first pay off any late fees and interest before the principle is credited.

Acceleration – In the event a borrower defaults on the note or on a provision within the note and does not cure the default within the allotted time frame, the lender has the option to demand immediate payment of all outstanding dues from the borrower.

Attorney’s Fees and Costs – The borrower must pay all monies incurred if defaulting on the loan results in the involvement of attorneys and court proceedings. However, if the borrower ends up prevailing in court, no matter the issue, the lender must then pay for all court-related costs.

Conflicting Terms – That no other agreement shall have superior legality or control over the promissory note.

Co-Signer – Or “guarantor”, is a person that guarantees a loan if the borrower defaults. Typically if the lender suspects a borrower to be risky, the lender may require the borrower to obtain another credible person to co-sign on the note.

Execution – bbin电竞官网官方永久s that the borrower is the Principal within the note and severally liable for all dues. If there is a co-signer, both the borrower and the co-signer are equally responsible for paying back the loan.

Integration – bbin电竞官网官方永久s that no other document can affect the terms or validity of your promissory note. Only can your promissory note be amended (edited) if both the lender and borrower sign a written agreement.

Non-Waiver – If for any reason the lender fails or delays to exercise their rights under the terms of the note, it does not signify or deem that they are waiving their rights. For example The lender delays in responding to the borrower about an upcoming payment due. The non-response by the lender does not give the borrower the right to not make payment on the due date.

Notice – Describes how notices should be delivered to the borrower. It is standard practice for notices to be written and to be delivered either in person or by certified mail with copies and receipts.

Pre-Payment – A clause detailing the rules of paying off the loan early, whether it’s the entire loan or individual payments. Some loans may require that the borrower pay a fee in order to “prepay” the loan.

Severability – A clause within a promissory note which states that if any provision within the note becomes void or unenforceable, it does not deem the entire note or any other provision within the note invalid.

Waiver of Presentments – This is a short clause that implies that the lender does not have to demand payment when payments or the loan is due, the borrower holds the responsibility to make certain that the payments are paid when due. If the borrower does not pay when due, the lender must issue a notice of non-payment. Further, if the borrower refuses to pay the note, the lender shall have the notice of non-payment presented and notarized which may follow with legal proceedings.

Sample

Download: Adobe PDF , MS Word , OpenDocument

How to Write

Download: Adobe PDF , MS Word , OpenDocument

I. The Parties

(1) Promissory Note Effective Date. The date when both Borrower and Lender wish this agreement to exert power on these Parties should be documented in the first article.

(2) Borrower Name And Address. The identity of the Borrower in this agreement will need to be established in Article I. This requires that the legal name of the Borrower is documented along with his or her mailing address. Space has been reserved for these items on the two lines following the area labeled “Borrower.”

(3) Lender Identity. The identity of the Lender must also be attached to this document. Thus, make sure his or her full name as well as the Lender’s full mailing address are displayed in the area titled “Lender.”

II. Loan Terms

(4) Principal Amount. The dollar amount of the loan that the Lender will deliver to the Borrower must be supplied to bbin电竞官网官方永久ment A in the Second Article.

(5) Interest Rate. bbin电竞官网官方永久ment B will require that the interest rate the Lender shall place on the loaned amount be furnished. This will require some additional definition. Thus, document the interest rate the Lender will charge before the percent sign then select the checkbox labeled “Month,” “Annum,” or “Other” to indicate how often this interest rate will be charged to the Borrower. Make note that if the interest rate will not be assessed every month or every year, then the time period when it will be added to the loan amount must be documented on the blank line in “Other.”

(6) Date Of Loan. The date when the Lender must make sure the loan amount is received by the Borrower should be presented in bbin电竞官网官方永久ment C.

III. Payments

Select And Complete Item 7 Or Item 8

(7) Lump Sum. If the Lender will expect the loan (and any interest payments due with the loan) to be paid back as one lump sum then mark the first checkbox in Article 3. After choosing the “Lump Sum” option, make sure to record the full amount that will be owed (including interest) and, on the blank line preceding  “Due Date,”  the formal date when the full repayment of the loan plus interest is due from the Borrower.

(8) Installments. The Lender can use this document to set the full repayment of the loan to be made across several partial payments or “Installments” until the owed amount is paid back by the Borrower. To do so, the “Installments” checkbox must be selected then the amount of borrowed money (plus applicable interest) making up each installment payment should be documented along with the exact date that the first payment will be due from the Borrower to the Lender. Two spaces in the “Installments” option have been provided so this information may be established properly. Additionally, one of the three checkbox definitions (that follows) to how often an installment must be received can be established.

Select Item 9 Or Item 10 Or Item 11 To Complete Item 8

(9) Weekly Installments. If the Borrower must submit an installment payment to the Lender on a “Weekly” basis, then select the first option under “Installments.” Additionally, the final date when the full amount of the loan must be paid should be documented.

(10) Monthly Installments. Select the second “Installments” option, labeled “Monthly,” if the Borrower must submit an installment payment once a month. If so, then the formal due date when the entire owed amount must be paid should be documented.

(11) Quarterly Installments. If the Borrower must be obligated to pay an installment once every three months, then the “Quarterly” checkbox should be marked. This will also require that the official date when the entire owed amount must be received by the Lender be reported.

IV. Payment Is Due

(12) Grace Period For Loan Payment . Now that the repayment schedule has been established, the number of days after the due date for each payment that is given as an allowable waiting time for its receipt by the Lender should be presented. Produce the grace period as a number of days after a missed payment that the Lender shall wait to receive an ‘on time’ payment in the space provided by the Fourth Article.

V. Late Fee

Select Item 13 Or Select And Complete Item 14

(13) No Late Fee. If the Lender will not impose a late fee on any payments that are not submitted within the grace period of the due date, then locate Article 5 and place a mark in the “No Late Fee” checkbox.

(14) Late Fee. If the Lender intends to charge a “Late Fee” every time the Borrower fails to submit payment within the grace period defined above, then the second checkbox must be selected from the Fifth Article and the exact dollar amount that will be charged as a late fee should be presented in the space this option provides.

Select Item 15 Or Item 16 To Complete Item 14

(15) Assessed By Occurrence. If a late fee will be imposed by the Lender when the Borrower is delinquent with his or her owed payment, then how often it is added to the Borrower’s account should be documented. If the late fee will only be charged once every time the Lender fails to pay within the grace period of the due date, then select the “Occurrence” checkbox.

(16) Assessed By Day. If the Lender will charge the late fee amount once a day and every day that has passed since the grace period, then the “Day” checkbox should be selected.

VI.  Security

Select Item 17 Or Select And Complete Item 18

(17) Unsecured. If this note will not require that the Lender provide any security against the loan then the first checkbox, “Unsecured,” should be selected from the Sixth Article.

(18) Secured . If the Borrower has agreed to release ownership of his or her property to the Lender should he or she (the Borrower) be unable or unwilling to pay the promised loan amount in this note, then select the “Secured” checkbox. This will require that all such property considered as security is fully defined in the space provided. For instance, if the Borrower is using his or her automobile to secure the loan amount, then the Manufacturer of the motor vehicle,  the model, its VIN number, and the color of the vehicle should be presented to define it. In such an example, this article shall state that the Borrower will transfer ownership of the vehicle to the Lender should he or she fail to repay the Lender the loaned amount. Similarly, any intangible assets such as stocks should be defined with their ownership information. Property that is not defined in this area will not be considered security for this loan and remain unseizable without additional action(s) by the Lender should the Borrower become delinquent in paying back the loaned amount.

VII. Co-Signer

Select Item 19 Or Select And Complete Item 20

(19) No Co-Signer. If the Lender did not require that the Borrower enter this note with a Co-Signer, then locate the checkbox labeled “No Co-Signer” in Article 7 and place a mark in it.

(20) Co-Signer. If the Lender required that one or more Co-Signers support the Borrower’s efforts in this note and the Borrower has obtained the required Co-Signer(s), then select the checkbox “Co-Signer” and produce the name of each Party who shall sign this document as a testimony that he or she shall submit the required loan payment(s) to the Lender on behalf of the Borrower should the Borrower not satisfy the debt. Note that in order for a Co-Signer to be named here, he or she must sign this document upon completion.

VIII Prepayment Penalty

Select Item 21 Or Select And Complete Item 22

(21) No Pre-Payment Penalty. In some cases a prepayment of the loaned amount will cause problems with the Lender’s books, especially if an interest rate will be applied. Some Lenders will therefore add a prepayment penalty. If the Lender in this document will not impose a pre-payment then supply a mark to the checkbox labeled “No Pre-Payment Penalty.”

(22) A Pre-Payment Penalty. If the Lender behind this note will impose a penalty for prepayment of the loaned amount then select the second checkbox from Article Eight.

Select Item 23 Or Item 24 Or Item 25 To Complete Item 22

(23) Flat Prepayment Penalty. Should the penalty for prepayment of the loan be a flat dollar amount then place a mark in the checkbox preceding the dollar symbol and report the dollar amount that must be submitted as a prepayment penalty on the blank line that follows.

(24) Percent Of Prepaid Amount. If the penalty imposed for a prepayment of the loan amount will take the form of a percentage of the amount being paid early, then select the second option provided. This selection requires that the percentage of the prepayment that will be calculated as the penalty is defined in the space preceding the percent symbol.

(25) Other Penalty. If the above prepayment penalties do not sufficiently explain how the Lender will calculate and apply a penalty for paying the owed amount early, then supply a mark in the checkbox labeled “Other” and describe how the Lender will calculate the penalty for the Borrower’s prepayment of the owed amount.

XX. Governing Law

(26) bbin电竞官网官方永久 Jurisdiction. The name of the state where both Parties will be governed within this note should be presented in Article Twenty.

XXI. Additional Terms & Conditions

(27) Provisions TO Agreement. The note being issued must cover every agreement made between the Lender and Borrower to engage this loan. If any conditions, provisions, or timelines have been left unrecorded then use the space in Article Twenty-One to document each such additional term or condition.

XXII. Entire Agreement

(28) Lender Signature. In order to properly acknowledge the conditions for the loan above, the Lender must sign his or her name to the first signature area provided at the end of this document.

(29) Lender’s Signature Date And Printed Name. The Lender must complete his or her signature area with a record of the calendar date when he or she signs this document and must print his or her name.

(30) Borrower Signature. The Borrower must formally accept the conditions and terms above by signing the “Borrower’s Signature” line.

(31) Signature Date And Printed Name Of Borrower. The Borrower must also report the current date at the time of signing as well as print his or her name where requested.

(32) Co-Signer Signature. If it has been indicated that a Co-Signer will accompany the Borrower in entering the agreement this note represents, then the concerned Co-Signer must sign his or her name in the final signature area provided.

(33) Date Of Co-Signer Signature And Printed Name. If a Co-Signer has signed this note with the above Parties then he or she must submit the date when he or she provided his or her signature as well as print his or her name.

 

Related Forms (2)

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I Owe You (IOU)  – A receipt acknowledging a debt that is owed with no timetable for payment.

Download:  Adobe PDF

 

 

 

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Loan Release Form  – When the note has been paid-in-full, the lender should set the borrower free of all liabilities by authorizing a release form.

Download:  Adobe PDF ,  MS Word (.docx) ,  OpenDocument