把贷款的关系明确化,签一个Promissory Note如何?

来源: 古石 2012-11-22 22:32:09 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (13599 bytes)

例如,这是一个私人间借款的协定。改一下Clause如何。再找会计师看看。

Promissory Note

On this date of  …..., 2012, in return for valuable consideration received, the undersigned borrower[s] jointly and severally promise to pay to ---------, the "Lender", the sum of $---------  Dollars, together with interest thereon at the rate of ----- percent (----%) per annum. The entire loan is to be used for the purchase of ----------  located at ----------.

Terms of Repayment: Starting on------------, 2012 and continuing until the principal balance of this Note and any accrued interest have been repaid in full, on the 2nd day of each month the borrowers shall pay the amount of  ------------ in a 180 months term (15 years). All payments shall be first applied to interest and the balance to principal. In ------  2012, Borrowers shall pay interest only with a prorated amount.

Early Repayment: In the event of the borrower repaying the loan early, the monthly payment will be recalculated with the remaining principal balance and remain term.

Late Fees: In the event that a payment due under this Note is not made within ten (10) days of the time set forth herein, the Borrower shall pay an additional late fee in the amount of $200.

Taxes: Lender shall provide a 1099-INT per year by end of January for the interest income paid by Borrower in the year.

Borrower's Address - The Borrower shall provide prompt written notice to the Lender of any change of address.

Prepayment - This Note may be prepaid in whole or in part at any time without premium or penalty. All prepayments shall first be applied to interest, and then to principal payments in the order of their maturity.

Default - In the event of default, the borrower[s] agree to pay all costs and expenses incurred by the Lender, including all reasonable attorney fees (including both hourly and contingent attorney fees as permitted by law) for the collection of this Note upon default, and including reasonable collection charges (including, where consistent with industry practices, a collection charge set as a percentage of the outstanding balance of this Note) should collection be referred to a collection agency.

Acceleration of Debt - In the event that the borrower[s] fail to make any payment due under the terms of this Note, or breach any condition relating to any security, security agreement, note, mortgage or lien granted as collateral security for this Note, seeks relief under the Bankruptcy Code, or suffers an involuntary petition in bankruptcy or receivership not vacated within thirty (30) days, the entire balance of this Note and any interest accrued thereon shall be immediately due and payable to the holder of this Note.

Joint and Several Liability - All borrowers identified in this Note shall be jointly and severally liable for any debts secured by this Note.

Modification - No modification or waiver of any of the terms of this Agreement shall be allowed unless by written agreement signed by both parties. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

Transfer of the Note - The borrowers hereby waive any notice of the transfer of this Note by the Lender or by any subsequent holder of this Note, agree to remain bound by the terms of this Note subsequent to any transfer, and agree that the terms of this Note may be fully enforced by any subsequent holder of this Note.

Severability of Provisions - In the event that any portion of this Note is deemed unenforceable, all other provisions of this Note shall remain in full force and effect.

Death Clause - In the event of the borrower’s death, the entire unpaid principal and accrued interest thereon, if any, shall become immediately due and payable by liquidating the borrower’s assets.  In the event of the lender’s death, the lender’s closest sibling by age will become the lender.

Choice of Law - All terms and conditions of this Note shall be interpreted under the laws of the state of California.

Signed Under Penalty of Perjury, this ------------- 2012,
_______________________________________
Borrower(s)

Lender (s)

Signed in the presence of:


_______________________________________
Witness

所有跟帖: 

这样利息可以抵税吗?是否一定要用mortgage? -commonsense888- 给 commonsense888 发送悄悄话 (0 bytes) () 11/22/2012 postreply 22:54:08

谢谢! -laoyangdelp- 给 laoyangdelp 发送悄悄话 laoyangdelp 的博客首页 (0 bytes) () 11/23/2012 postreply 10:20:35

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