RealEstateBalloonPromissoryNote房产权条约docWord格式文档下载.docx

1、No._ _,_,_（M,D,Y）LENDER: AAA, （hereinafter termed LENDER ）, _（ADDRESS）BORROWER: BBB, INC., a _（PLACENAME） corporation, whose address is _（ADDRESS）BORROWER REPRESENTS HEREWITH THAT THE LOAN EVIDENCED HEREBY IS BEING OBTAINED FOR THE FOLLOWING PRIMARY PURPOSE:XBUSINESS; PERSONAL; FAMILY OR HOUSEHOLD;

2、AGRICULTURALFOR VALUE RECEIVED: to wit, money loaned, the above named; the undersigned BORROWER （hereinafter BORROWER ）, promises to pay to the order of LENDER at its office in the above city, or wherever else LENDER may specify, the sum of EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS （$,_）, with inter

3、est until paid.INTEREST RATE:Interest shall accrue at the rate of _ （_） basis points above the LIBOR Base Rate , as hereinafter defined. The interest rate shall initially be calculated with reference to the LIBOR Base Rate which is in effect on the date of this Note and shall be adjusted on the _ （_

4、th） day of each month beginning _,_,_（M,D,Y） and continuing each month thereafter （the Change Date ）. The interest rate shall be fixed until the next Change Date as such LIBOR Base Rate changes. Interest shall be calculated on the basis of a three hundred sixty （360） day year, and charged for the ac

5、tual number of days elapsed in an interest payment period. The term LIBOR Base Rate shall mean that rate per annum for United States dollar deposits with a one month maturity for an amount equal or comparable to the outstanding principal balance of this Note as reported on Telerate page 3750 （or if

6、not so reported, then as determined by Lender from another recognized source of interbank quotations of Lenders choice）, as of _ _（PLACENAME） time, two （2）_（PLACENAME） business days prior to each Change Date for settlement in immediately available funds by major top credit quality banks in the _（PLA

7、CENAME） Interbank Market adjusted for reserves by dividing that rate by 1.00 minus the LIBOR Reserve. The LIBOR Base Rate shall be rounded to the next higher 1/16th of 1% unless the Borrower has hedged LIBOR with an interest rate swap with the Lender in which event LIBOR shall be rounded five （5） de

8、cimal places as set forth in the 1991 ISDA Definitions published by the International Swap and Derivatives Association, Inc. LIBOR Reserve is the maximum percentage reserve requirement （rounded to the next highest 1/16th of 1%） in effect for any day the principal balance of this Note is outstanding

9、under the Federal Reserve Boards Regulation D for Euro-Currency Liabilities as defined therein. In no event, however, shall any adjustment or LIBOR Reserve exceed the Borrowers pro rata share of Lenders total reserve requirement for all of its Euro-Currency Liabilities. The LIBOR Base Rate is one of

10、 several interest rate bases used by Lender, and is not necessarily the lowest or most favorable rate of interest offered by Lender.PAYMENTS OF PRINCIPAL AND INTEREST:Beginning on _,_,_（M,D,Y）, and continuing on the fifth （5th） day of each month thereafter until this Note shall be paid in full, mont

11、hly payments of （i） all accrued but unpaid interest at the interest rate provided above, plus （ii） principal in the amount of $,_ shall be due and payable. On _,_,_（M,D,Y）, this Note shall be fully paid in a final balloon payment and the then remaining principal balance shall be paid in full, togeth

12、er with all interest accrued thereon.The Borrower agrees to pay a late charge equal to 5% of each payment of principal and/or interest which is not paid within 10 days of the date on which it is due. At LENDERS option, the interest rate shall become the highest rate allowed by the law of the state o

13、f LENDERS office as set forth herein commencing with and continuing for so long as the loan or any portion thereof is in Default （as hereinafter defined）. Further, upon BORROWERS Default and where LENDER deems it necessary or proper to employ an attorney to enforce collection of any unpaid balance o

14、r to otherwise protect its interests hereunder; then BORROWER agrees to pay LENDERS reasonable attorneys fees （including appellate costs, if any） and collection costs. Liability for reasonable attorneys fees and costs shall exist whether or not any suit or proceeding is commenced.Interest is compute

15、d on the basis of a 360 day year for the actual number of days in the interest period （Actual/360 computation） unless indicated below.BORROWER HEREBY FURTHER WARRANTS, COVENANTS, AND AGREES, AS FOLLOWS:Anything contained herein to the contrary notwithstanding, if for any reason the effective rate of

16、 interest on this Note should exceed the maximum lawful rate, the effective rate shall be deemed reduced to and shall be such maximum lawful rate, and any sums of interest which have been collected in excess of such maximum lawful rate shall be applied as a credit against the unpaid balance due here

17、under.LENDERS Actual/360 or 365/360 computation determines the annual effective interest yield by taking the stated （nominal） interest rate for a years period and then dividing said rate by 360 to determine the daily periodic rate to be applied for each day in the interest period. Application of suc

18、h computation produces an annualized effective interest rate exceeding that of the nominal rate.At LENDERS option, any repayments of this Note, other than by U.S. currency, will not be credited to the outstanding loan balance until LENDER receives collected funds.In the event any provision（s） of thi

19、s instrument shall be left blank or incomplete, BORROWER hereby authorizes and empowers LENDER to supply and complete the necessary information as a ministerial task consistent with the understanding between the parties.BORROWER warrants that BORROWER does not have either a record or reputation for

20、violating Laws of the United States or of any State relating to liquor （as referred to in 18 U.S.C.A. 3617, et seq.） or narcotics and/or any commercial crimes.The collateral pledged by BORROWER to secure this Note （hereinafter referred to as the COLLATERAL ） SHALL, AT ALL TIMES, BE AT BORROWERS risk

21、. The loss, injury to or destruction of COLLATERAL shall not release BORROWER from payment or other performance hereof. BORROWER agrees to obtain and keep in force Physical Damage and/or Property Damage Insurance on said COLLATERAL and any other insurance required by LENDER. Such insurance is to be

22、in form and amounts satisfactory to LENDER, with the same payable to LENDER. All such policies shall provide for ten days written minimum cancellation notice to LENDER. BORROWER shall furnish to LENDER the original policies or certificate or other evidence satisfactory to LENDER of compliance with t

23、he foregoing provisions. LENDER is authorized, but not obligated, to purchase any or all of said insurance or single interest insurance protecting only its security interest, all at BORROWERS expense. In such event, BORROWER agrees to reimburse LENDER for the cost of such insurance to the extent tha

24、t the same is not included in the principal amounts of this Note.BORROWER hereby assigns to LENDER the proceeds of all such insurance to the extent of the unpaid balance hereunder, and directs any insurer to make payments directly to LENDER. BORROWER further hereby grants to LENDER its Power of Atto

25、rney, which shall be irrevocable for so long as any amount is unpaid hereunder. Said Power of Attorney gives LENDER the sole right to file Proof of Loss and/or any other forms required to collect from any insurer any amount due from any loss, damage or destruction of the COLLATERAL; to agree to and

26、bind BORROWER as to the amount of said recovery; to designate Payee（s） of such recovery; to grant releases to payor-insurers for their liability; to grant subrogation rights to any such payor-insurer, to indorse any settlement check or draft. BORROWER further agrees not to exercise any of the forego

27、ing powers granted to LENDER, without the LENDERS written consent. In the event of any default hereunder, LENDER is authorized in its sole discretion to cancel any insurance and credit any premium refund against the unpaid balance due on BORROWERS OBLIGATIONS.If, with respect to any security pledged

28、 hereunder, a stock dividend is declared or any stock split-up made or right to subscribe is issued, all certificates for the shares representing such stock dividend or stock split-up right to subscribe will be immediately delivered, duly indorsed to the LENDER as additional COLLATERAL security.If,

29、at any time, the COLLATERAL shall be deemed unsatisfactory to and by LENDER, or in the event LENDER shall otherwise deem itself, its security interests, its COLLATERAL or said debt unsafe or insecure, then and on demand of LENDER, BORROWER shall immediately furnish such further COLLATERAL or make su

30、ch payment on said account as will be satisfactory to LENDER to be held by said LENDER as if originally pledged hereunder.At its option, LENDER may discharge taxes, liens, security interests or other encumbrances at any time levied or placed on said COLLATERAL, may pay for insurance and for the main

31、tenance and preservation of same. BORROWER agrees to reimburse LENDER, on demand, for any such payment made, or any such expense incurred by LENDER pursuant to the foregoing authorization. Until Default, as hereinafter defined, BORROWER shall have the right to retain possession of the COLLATERAL, unless otherwise agreed by the parties hereto, and to use in any lawful manner not inconsistent with this Note and the LOAN AGREEMENT and with any policy of insurance thereon. BORROWER shall be liable for all documentary and intangible