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 that will accrue on the outstanding balance, compounded annually.
Payment terms are critical: the document should indicate whether repayment will occur in equal monthly installments, quarterly payments, or according to a custom schedule. All payments typically go first toward accrued interest, then to the principal. A final maturity date ensures everyone knows when the entire loan must be fully repaid.
The borrower (referred to as the “Maker” in legal terms) promises to pay the lender (the “Payee”) according to these terms. The promissory note grants the borrower the right to prepay without penalty or premium, providing flexibility if funds become available sooner.
Payment Schedule and Default Provisions
The repayment schedule forms the backbone of any promissory note. Borrowers and lenders should agree on specific payment amounts and dates well in advance. This prevents ambiguity and allows both parties to plan their finances accordingly.
The promissory note must also address what happens if payments aren’t made on time. Default provisions typically include “Events of Acceleration”—conditions that trigger immediate full repayment of the remaining balance. These events usually include:
Upon default, the lender gains the right to declare the entire note immediately due and payable, rather than waiting for scheduled payments. The borrower may also be responsible for reasonable attorneys’ fees (often capped at 15% of the outstanding balance) and other costs incurred by the lender in enforcing the note.
Legal Protection and Enforceability
For a promissory note to be enforceable, both parties must sign and date the document. The signatures create legal binding obligations and evidence that both the lender and borrower agreed to the terms. The note should specify which state’s laws govern the agreement, ensuring clarity if disputes arise.
The document should include waivers stating that both parties understand their rights and obligations, and that they remain bound even if circumstances change or the lender modifies terms for other creditors. This protects the lender’s position and ensures the borrower cannot claim surprise or unfairness.
While a promissory note doesn’t guarantee repayment, it does provide strong legal evidence of the loan and its terms. If the borrower defaults and the lender needs to pursue court action, the signed promissory note serves as documentation of the agreement and can significantly strengthen the lender’s case.
Many lenders use templates available in multiple formats—Microsoft Word, PDF, and plain text—which can be customized with specific borrower and lender details, loan amounts, and repayment schedules. Creating a clear, detailed promissory note upfront is far easier and less costly than resolving disputes later through litigation.