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A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust. If the collateral is personal property, there will be a security agreement.
A secured promissory note should carefully outline its repayment, and default terms. For example, it should spell out the steps required for seizing collateral. It should also state if there are any grace periods for late payments, and name who shall pay for costs, and legal fees if there is a default.
A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.
Promissory notes are legally binding contracts. That means when you dont pay back your loan, you could lose your collateral. If theres no collateral to secure the loan, the lender on the promissory note can take the borrower to court seeking repayment.
At its most basic, a promissory note should include the following things: Date. Name of the lender and borrower. Loan amount. Whether the loan is secured or unsecured. If its secured with collateral: What is the collateral? Payment amount and frequency. Payment due date. Whether the loan has a cosigner, and if so, who.
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The Court ruled that the promissory notes were securities under the UCC because they met the transferability test under Article 8; specifically they were represented by a certificate, the transfer of which may be registered upon books maintained for that purpose by the issuer.
A simple promissory note might be for a lump sum repayment on a certain date. For example, you lend your friend $1,000 and he agrees to repay you by December 1. The full amount is due on that date, and there is no payment schedule involved.
A security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.
A secured promissory note, as the name partially implies, is secured by some form of property (i.e. collateral), while an unsecured promissory note does not involve collateral. If the borrower defaults on a Secured Promissory Note, the lender gets to keep the collateral (the property that was used to secure the loan).
For loans by a commercial lender, the lender will provide the agreement. But for loans between friends or relatives, you will need to create your own loan agreement.

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