Delaware Installment Promissory Note and Security Agreement

State:
Multi-State
Control #:
US-09090
Format:
Word; 
Rich Text
Instant download

Description

This form is an Installment Promissory Note and Security Agreement. The maker is obligated to pay the lender in monthly installments, with interest. The form also provides a description of the collateral to be used in securing the loan.

A Delaware Installment Promissory Note and Security Agreement is a legally binding contract executed between a lender and a borrower in the state of Delaware. This agreement outlines the terms and conditions for repaying a loan in installments, while also securing the loan against collateral provided by the borrower. The purpose of this note is to provide both parties involved with a clear understanding of their rights and obligations regarding the loan. The key features of a Delaware Installment Promissory Note and Security Agreement include the loan amount, the interest rate, the repayment schedule, the duration of the loan, and the consequences of default. There are several types of Delaware Installment Promissory Note and Security Agreement, each catering to specific needs and circumstances. Some common variations include: 1. Simple Installment Promissory Note and Security Agreement: This type involves a straightforward loan arrangement with clear repayment terms, a fixed interest rate, and a predetermined installment schedule. 2. Balloon Installment Promissory Note and Security Agreement: In this agreement, the borrower pays regular installments for a specific period, but a larger "balloon" payment is due at the end. This type of note is often used when the borrower expects a significant sum of money to be available at a later date, such as from an investment or sale of an asset. 3. Adjustable-Rate Installment Promissory Note and Security Agreement: With this type, the interest rate on the loan can fluctuate based on a predetermined index. This gives the borrower the advantage of potentially lower interest rates when the index decreases, but it also brings the risk of higher rates if the index rises. 4. Installment Promissory Note and Security Agreement with Personal Guarantee: When a borrower's creditworthiness is uncertain, the lender may ask for a personal guarantee from a third party who is willing to be responsible for the loan in case of default. This type of agreement offers additional security to the lender. 5. Installment Promissory Note and Security Agreement with Collateral: In situations where the borrower offers specific assets (such as property, vehicles, or equipment) as collateral, this type of agreement is used to secure the loan. The collateral can be seized by the lender in case of default, providing assurance for the lender. In summary, the Delaware Installment Promissory Note and Security Agreement is a legal document used to establish a borrower-lender relationship and define the repayment terms of a loan. Different types of these agreements cater to a range of circumstances, preferences, and risk factors.

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FAQ

The UCC treats the interest of a buyer of accounts, chattel paper, payment intangibles, or promissory notes as a security interest.

In general, under the federal Securities Acts, promissory notes are defined as securities, but notes with a maturity of 9 months or less are not securities.

There is no legal requirement for a promissory note to be witnessed or notarized in Delaware. Still, the parties may decide to have the document certified by a notary public for protection in the event of a lawsuit.

General Definition. Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.

A security interest arising out of a sale of a promissory note (i.e., an instrument) is perfected automatically, without additional action, when it attaches. See Section 9-304(4) of the Uniform Commercial Code.

In general, the promissory note is your written promise to repay the loan and a security agreement is used when collateral is given for the loan.

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 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.

Article 3 of the Uniform Commercial Code applies only to negotiable instruments. Many promissory notes are negotiable instruments, but many are not, and non-negotiable promissory notes are completely outside the scope of UCC Article 3.

A Promissory Note may be secured or unsecured. In case of a secured note, the borrower will be required to provide a collateral such as property, goods, services, etc., in the event that they fail to repay the borrowed amount.

More info

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Delaware Installment Promissory Note and Security Agreement