LNForm 003 2015 Promissory Note 11.10.2020
LNForm 003 2015 Promissory Note 11.10.2020
LNForm 003 2015 Promissory Note 11.10.2020
:
DUE DATE : PRINCIPAL :
TERM : INTEREST RATE :
1. This Note shall be payable at the Creditor’s office/s that may be designated.
2. In the event that the due date of this Note or of any installment or interest thereon falls on a holiday or non-working day, the due date shall be understood to be the
preceding banking day.
3. The following events shall be considered events of default on the loan covered by this Note, in which cases, the whole sum remaining unpaid under this Note shall
thereupon become immediately due and payable, at the option of the Creditor, without the need of prior notice or demand.
a) failure to pay the loan, any installment or interest on due date thereof;
b) attachment or garnishment of any property, material change in ownership or management, death, dissolution, receivership, insolvency, suspension of payment,
suspension of usual business, or similar proceedings, of any of the undersigned, his/her guarantors or sureties, of the pledgors / assignors / mortgagors of
properties securing this Note;
c) default in the payment by any of the undersigned or his/their guarantors or sureties, of any other present or future loan or obligation, whether due to the Creditor or
any creditor;
d) diminution or loss of value, whether willful or through fortuitous event, or failure to furnish any of the guaranties or securities offered or required to secure this Note;
e) any representation or warranty made by the undersigned in this Note or any other document relative to this Note shown to be incorrect or misleading as
determined by the Creditor;
f) any act or event which, in the Creditor’s opinion, results in the impairment of the financial responsibility of the undersigned;
g) failure to comply with the terms and conditions of this Note or any other agreements relative to this Note, or with requirements of applicable laws or non-submission
of documents required by the Creditor.
4. In the event that the Borrower opts to pre-pay in advance of due date this Note, either partially or in full, the Borrower agrees to pay to the Creditor a pre-payment penalty
equivalent to 5% of the amount to be pre-paid, but in the event that the interest was collected in advance and this Note is prepaid, the remaining unearned interest paid in
advance shall be considered as pre-termination penalty, unless otherwise provided for in other related documents. The pre-payment shall not be applicable to borrowers
who are covered by a separate agreement undertaken by the Bank explicitly stating the pre-payment penalty’s non-applicability.
5. In the event that this Note or any installment or interest payable under this Note is not paid when due or when this Note is declared in default under any of the cases
enumerated in paragraph 3 hereof, the undersigned, without need of demand shall pay the Creditor service fee equivalent to five percent (5%) per annum and penalty
equivalent to twenty percent (20%) per annum of the amount due and unpaid or of the whole sum remaining unpaid and declared due and demandable, computed from
due date or date of default until fully paid in addition to interests and other charges.
6. The Creditor is hereby authorized and without need of notice to the undersigned, to hold, set off or apply to the payment of this undersigned, any amount which may be in
the possession of or under the control of the Creditor. The undersigned irrevocably appoints the Creditor, effective upon the happening of the abovementioned events of
default, but without any obligation on the Creditor’s part should it choose not to perform this mandate, as attorney-in-fact of the undersigned with authority to sell and
dispose of, by public or private sale, any property of the undersigned, which may be in the Creditor’s possession or under its control, and to apply the proceeds thereof to
the payment of this Note. The undersigned shall, however, remain liable for any deficiency.
7. In the event that this note is referred to an attorney or agency for collection, the undersigned shall pay attorney’s or collection fees equivalent to twenty five percent
(25%) of the total amount due or P10, 000.00 whichever is higher in addition to the costs and expenses of collection or litigation. Any court action arising out of this Note
shall be filed in the proper courts vested with jurisdiction in Legazpi City exclusively.
8. Unless the interest rate is on a floating rate basis, the Creditor shall have the right to increase the interest rate stipulated when warranted by prevailing market or
economic conditions or up to the applicable maximum interest rate prescribed by law or regulation upon notice to the undersigned, provided that the interest rate, if
increased, may also be reduced when warranted by prevailing market or economic conditions or when the applicable maximum interest rate is reduced by law or
regulations.
9. In the event that this Promissory Note is subsequently indorsed, assigned, transferred, or otherwise becomes subject of a similar commercial transaction by the Creditor
with another institution, the undersigned automatically gives their consent thereto and fully understands and agrees that this Promissory Note and its underlying collaterals
shall serve as security for the obligation of the Creditor with such other institution. Accordingly, the endorsee, holder, transferee, assignee, or other institution, shall be
entitled to directly proceed against the borrower under this note to collect the Creditor's obligations, in accordance with such remedies as may be applicable under the law.
10. The undersigned expressly consent to any extension or renewal, in whole or in part, and/or partial payment of this Note, which may he requested by or granted to anyone
or all of the undersigned, and to any change in the interest rate and other terms and conditions of the loan as a result of said extensions or renewal, and shall continue to
be liable thereon.
11. Presentment, demand notice of dishonor, protest or notice of any kind is hereby waived. In case of judicial execution of this Note, the undersigned waived their rights
under Rule 39, section 12 of the Rules of Court.
12. Any notice given to anyone of the undersigned relative to this Note, shall be considered validly received and binding upon all of the undersigned to the Creditor.
14. The terms and conditions of this Note have been clearly and fully explained to the undersigned in the dialect or language known to him/them.
BORROWER 1 (SIGNATURE OVER PRINTED NAME) BORROWER 2 (SIGNATURE OVER PRINTED NAME)
CO-MAKER 1 (SIGNATURE OVER PRINTED NAME) CO-MAKER 2 (SIGNATURE OVER PRINTED NAME)
WITNESS 1 (SIGNATURE OVER PRINTED NAME) WITNESS 2 (SIGNATURE OVER PRINTED NAME)
I/We, of legal age, Filipino, do hereby agree to become the co-maker of _______________________________ in the amount of
Php___________________. I/We further empower and authorize CAMALIG BANK INC. (A RURAL BANK), at its option and without notice to us set off,
or apply to the payment of the loan, whether or not said loan is due, and all funds in our Savings Deposits with the bank. This authorization serves as the
corresponding withdrawal authority. I/We am/are aware of the responsibility which I/We assume in signing this NOTE. In the event that the herein named
borrower fails to pay the monthly amortization of loan to the CAMALIG BANK INC. (A RURAL BANK), I/We hereby authorize my/our employer to deduct
from my/our salary the amount of P ________________ every payday and/or apply my/our regular payments which are intended for my/our loan until
such time that said loan is fully paid. I/We further authorize my/our employer to give priority in the collections and remittances thereof of this obligation to
the CAMALIG BANK INC. (A RURAL BANK), in case there are other similar private institutions with similar dealings. I/We affirm that all information given
below are true and correct with the best of our knowledge.