Promissory Note VirginiaTemplate

This Promissory Note Agreement (“Agreement”) entered as of (Date), by and between

​[Borrower.FirstName][Borrower.LastName] (the Borrower),

being able to send mail to [Borrower.StreetAddress][Borrower.City][Borrower.State][Borrower.PostalCode], and

​[Lender.FirstName][Lender.LastName] (the Lender),

being able to send mail to [Lender.StreetAddress][Lender.City][Lender.State][Lender.PostalCode].

The laws of the State of Virginia regulate this Note.

1. Parties

(Enter name and address of person or company)

“Lender”

And;

(Enter name and address of person or company)

“Borrower”

2. Recital

Whereas in terms of the Agreement, the Lender hereby promises to pay an amount not exceeding (enter the maximum amount of loan) (“Principal Amount”) together with the interest that may become payable on the Principal Amount from time to time (“Interest”), in accordance with the Agreement and at the rate(s) specified herein.

Therefore in terms of all agreements, acknowledgments, and covenants under the Agreement, the Lender and Borrower agree as follows:

3. Payment Terms

3.1 The Principal Amount will mature on (insert date of maturity).

3.2 From the date of (insert first date of interest), simple Interest shall begin accruing on the Principal Amount at a rate of (insert Interest rate) (“Rate”) and continue accruing on the (insert day – example “30th”) day of each succeeding month on the balance of the Principal Amount still owed until such time that the Principal Amount is repaid in full.

3.3 The Borrower agrees to repay the Principal Amount and any Interest owed in one lump sum amount on or before the (insert day – example “31st”) day of (insert month and year – example “June 2023”)

Or;

3.3 The Borrower agrees to repay the Principal Amount and Interest in monthly installments of (insert amount) on or before the (insert day) day of each month, commencing from (insert date of first installment) and continuing until such time that the Principal Amount and Interest are repaid in full.

(Delete whichever payment method is not applicable)

4. Acceleration

If the Borrower fails to make any payment in terms of this agreement when such payment falls due, the Lender retains the right to declare the entire balance of the Principal Amount and any Interest owed under the Agreement immediately due and payable.

(“Acceleration”).

5. Advance Payment

The Borrower retains the right to make full repayment of the Principal Amount and any Interest owed at any time before such amounts fall due with no penalties being levied.

6. Security and Default

6.1 There shall be no security provided by the Borrower under this Agreement.

6.2 Should the Borrower fail to make any repayment timeously in terms of the Agreement, interest shall accrue on the balance of the outstanding Principal Amount and any Interest outstanding at the maximum rate allowable by the governing law.

6.3 Term 6.2 above notwithstanding, in the event of a default of any repayment owed by the Borrower under the Agreement, the Lender reserves the right to cancel this agreement and demand that the full amount of the Principal Balance and Interest still owed be repaid immediately, or pursue any other remedy available to the Lender under law.

7. Collection Fees

The Borrower agrees to pay any fees and disbursements, including attorneys or debt collection agents fees (“Collection Fees”), reasonably incurred by the Lender to enforce repayment under the Agreement.

8. Allocation of Repayments

Any payments made by the Borrower to cure a default under the Agreement shall first be apportioned to Collection Fees, then Interest, and then to the Principal Amount.

9. Maximum Interest Allowable

The Interest Rate under the Agreement may not exceed (enter maximum interest rate) % per annum.

10. Governing Law

Notwithstanding any federal law that may apply to the Agreement, the parties agree that the Agreement shall be governed under the laws of the State of Virginia.

11. Notice

Any necessary notices required in terms of any applicable law will be provided in writing and delivered in person or by certified mail and delivered to the addresses listed by each party in term one (1) of the Agreement.

12. Waiver of Presentments

The borrower waives presentment, notice of delinquency, and notice of protest to the extent permitted under the governing law.