This is a form of Promissory Note for use where commercial property is security for the loan. A separate deed of trust or mortgage is also required.
Georgia Installments Fixed Rate Promissory Note Secured by Commercial Real Estate
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FAQ
The lender holds the promissory note while the loan is being repaid, then the note is marked as paid and returned to the borrower when the loan is satisfied. Promissory notes aren't the same as mortgages, but the two often go hand in hand when someone is buying a home.
A promissory note is a contract, a binding agreement that someone will pay your business a sum of money. However under some circumstances if the note has been altered, it wasn't correctly written, or if you don't have the right to claim the debt then, the contract becomes null and void.
The individual who promises to pay is the maker, and the person to whom payment is promised is called the payee or holder. If signed by the maker, a promissory note is a negotiable instrument.
A promissory note is a contract, a mortgage (in California a deed of trust) is a lien. The deed of trust would refer to the promissory note.
Unlike a mortgage or deed of trust, the promissory note isn't recorded in the county land records. The lender holds the promissory note while the loan is outstanding. When the loan is paid off, the note is marked as "paid in full" and returned to the borrower.
One thing you have to look for when signing a promissory note is whether or not a loan is due on demand. If a loan is due on demand, there is no maturity date. Rather, the lender can demand payment at any time.
All Promissory Notes are valid only for a period of 3 years starting from the date of execution, after which they will be invalid. There is no maximum limit in terms of the amount which can be lent or borrowed. The issuer / lender of the funds is normally the one who will hold the Promissory Note.
Promissory notes are a valuable legal tool that any individual can use to legally bind another individual to an agreement for purchasing goods or borrowing money. A well-executed promissory note has the full effect of law behind it and is legally binding on both parties.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.