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COMMERCIAL PROMISSORY NOTE

Promissory Note

COMMERCIAL PROMISSORY NOTE | Document Parties: HOME FEDERAL HOLDINGS CORP | Home Federal Savings Bank | Nexity Bank You are currently viewing:
This Promissory Note involves

HOME FEDERAL HOLDINGS CORP | Home Federal Savings Bank | Nexity Bank

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Title: COMMERCIAL PROMISSORY NOTE
Governing Law: Alabama     Date: 6/10/2008

COMMERCIAL PROMISSORY NOTE, Parties: home federal holdings corp , home federal savings bank , nexity bank
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EXHIBIT 10.3
     
COMMERCIAL PROMISSORY NOTE
  Nexity Bank
 
  3500 Blue Lake Drive, Suite 330
 
  Birmingham, Alabama 35243
 
  (877)738-6391
             
NOTE DATE   PRINCIPAL AMOUNT   LOAN TERM   MATURITY DATE
February 6, 2007   $400,000.00   12 months   February 6, 2008
             
LOAN PURPOSE: Provide funds for bank in Organization    
BORROWER INFORMATION
Home Federal Savings Bank
4405 Mundy Mill Road
Oakwood, GA 30566
NOTE . This Commercial Promissory Note will be referred to in this document as the “Note”.
LENDER . “Lender” means Nexity Bank whose address is 3500 Blue Lake Drive, Suite 330, Birmingham, Alabama 35243 , its successors and assigns.
BORROWER . “Borrower” means each person or legal entity who signs this Note.
PROMISE TO PAY . For value received, receipt of which is hereby acknowledged, on or before the Maturity Date, the Borrower promises to pay the principal amount of Four Hundred Thousand and 00/100 Dollars ($400,000 00) or such lesser amount as shall have been advanced by Lender, from time to time, to or on behalf of Borrower under the terms of this Note, and all interest and any other charges, including service charges, to the order of lender at its office at the address noted above or at such other place as Lender may designate in writing. The Borrower will make all payments in lawful money of the United States of America.
PAYMENT SCHEDULE . This loan will be paid according to the following schedule: 11 consecutive payments of Interest only beginning on March 6, 2007 and continuing on the same day of each month thereafter. One final payment shall be due on the Maturity Date in an amount equal to the then unpaid principal and accrued and unpaid interest. All payments received by the Lender from the Borrower for application to the Loan may be applied to the Borrower’s obligations under the Loan in such order as determined by the Lender.
INTEREST RATE AND SCHEDULED PAYMENT CHANGES . The initial variable interest rate on this Note will be 7.250% per annum. This interest rate may change on February 7, 2007 and every day thereafter. Each date on which the interest rate may change is called the “Change Date.” Beginning with the first Change Date, Lender will calculate the new interest rate based on Wall Street Journal Prime in effect on the Change Date (the “Index”) minus 1.000 percentage points (the “Margin”). If the Index is not available at that time, Lender will choose a new Index which is based on comparable information The Index is used solely to establish a base from which the actual rate of interest payable under this Note will be calculated, and is not a reference to any actual rate of interest charged by any lender to any particular borrower. The interest rate will never be greater than 18 000% or less than 0.000% .
Nothing contained herein shall be construed as to require the Borrower to pay interest at a greater rate than the maximum allowed by law. If, however, from any circumstances, Borrower pays interest at a greater rate than the maximum allowed by law, the obligation to be fulfilled will be reduced to an amount computed at the highest rate of interest permissible under applicable law and if, for any reason whatsoever, Lender ever receives interest in an amount which would be deemed unlawful under applicable law, such interest shall be automatically applied to amounts owed, in Lenders sole discretion, or as otherwise allowed by applicable law. An increase in the interest rates will result in a higher payment amount. Interest on this Note is calculated on a 365/360 day basis The unpaid balance of this loan shall, while any Event of Default exists under this Note or any other agreement related to the loan, be subject to a Default Rate of interest equal to 18.000% per annum, and after Maturity, whether by acceleration or otherwise, shall be subject to a Post-Maturity Rate of interest equal to the same fixed or variable rate basis in effect before maturity .
LATE PAYMENT CHARGE . If any required payment is mare than 15 days late, then at Lender’s option, Lender will assess a late payment charge of $25.00 or 5.000% of the amount past due, whichever is greater.
PREPAYMENT PENALTY . This Note may be prepaid, in full or in part, at any time, without penalty.
ADVANCES . This is a Multiple Advance-Closed End Term Loan. The Borrower and lender agree that the Borrower may borrow up to the maximum amount of principal only one time. Principal advances will be made to the Borrower provided none of the following conditions exist:
    Maximum amount on this Note is outstanding
 
    Undersigned has breached any of the terms, provisions, representations, requirements or promises contained in this Note or any other agreement

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    Undersigned makes a request for an advance after the Maturity Date cited above
 
    The Note or any other agreement relating to the extension of credit is in default
 
    The Lender his deemed itself insecure or there has been a material adverse change of conditions
 
    the Lender is precluded by law from making the advance
Advances under this Note may be requested orally or in writing by the Borrower or by an authorized person.
The total of any advance requested and unpaid principal cannot exceed the available principal amount. The available principal amount refers to the principal amount minus the aggregate amount of outstanding advances, accrued but unpaid interest and outstanding fees and charges.
All advances made will be charged to a loan account in Borrower’s na

 
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