EXHIBIT 10.3
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COMMERCIAL
PROMISSORY NOTE
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Nexity Bank |
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3500 Blue Lake Drive,
Suite 330 |
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Birmingham, Alabama 35243 |
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(877)738-6391 |
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NOTE DATE |
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PRINCIPAL AMOUNT |
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LOAN TERM |
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MATURITY DATE |
| February 6, 2007 |
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$400,000.00 |
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12 months |
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February 6, 2008 |
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| LOAN PURPOSE: Provide funds for bank in
Organization |
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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:
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Maximum amount on this Note is outstanding |
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Undersigned has breached any of the terms, provisions,
representations, requirements or promises contained in this Note or
any other agreement |
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