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PROMISSORY NOTE

Promissory Note

PROMISSORY NOTE
 | Document Parties: ISECURETRAC CORP You are currently viewing:
This Promissory Note involves

ISECURETRAC CORP

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Title: PROMISSORY NOTE
Governing Law: South Dakota     Date: 12/14/2006
Industry: Electronic Instr. and Controls     Sector: Technology

PROMISSORY NOTE
, Parties: isecuretrac corp
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PROMISSORY NOTE

Exhibit 10.1

 

 

 

 

 

 

$4,300,000

 

December 12, 2006

 

 

FOR VALUE RECEIVED, the undersigned, iSecureTrac Corp. (“iSecureTrac”), a Delaware corporation (herein called “Maker” ), whose address is 5078 S. 111 th Street, Omaha, NE, 68137, hereby promises to pay to the order of Consolidated Investment Services, Inc., a Nevada corporation (herein sometimes called “Payee” ), the principal sum of Four Million Three Hundred Thousand Dollars ($4,300,000), or so much thereof from time to time outstanding as shall be advanced, with interest on the unpaid balance thereof from date of advancement until maturity at the rate or rates hereinafter provided, both principal and interest payable as hereinafter provided in lawful money of the United States of America at the offices of Payee at c/o Midland National Life Insurance Company, One Midland Plaza, Sioux Falls, South Dakota 57193, or at such other place as from time to time may be designated by the holder of this Note or in such other form as Payee may designate or consent.

 

As herein provided the unpaid Principal Amount of this Note (or portions thereof) from time to time outstanding shall bear interest prior to maturity at the Applicable Rate, provided that in no event shall the Applicable Rate exceed the Maximum Rate.

 

As used in this Note, the following terms shall have the meanings indicated opposite them:

 

“Applicable Rate.” The Applicable Rate shall be Seven Percent (7%) per annum.

 

“Default Rate.” The Default Rate shall be the Maximum Rate.

 

“Loan.” The $4,300,000 loan to be made to Maker by Payee which is evidenced hereby.

 

“Maturity Date.” The earlier of (i) July 1, 2008 or (ii) the first date on which Maker issues equity securities or arranges for additional indebtedness (other than trade indebtedness incurred in the ordinary course of its business) in a transaction or series of transactions which generates aggregate net proceeds to the Maker of not less than $4,300,000.

 

“Maximum Rate.” The maximum interest rate permitted under applicable law.

 

“Principal Amount.” That portion of the Loan evidenced hereby as is from time to time outstanding.

 

 

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Maker shall have the right to prepay this Note, in whole or in part, without premium or penalty upon written notice thereof given to Payee at least five (5) days prior to the date to be fixed therein for prepayment, and upon the payment of all accrued interest on the amount prepaid (and any interest which has accrued at the Applicable Rate, if applicable, and other sums that may be payable hereunder) to the date so fixed.

 

The Principal Amount and accrued interest shall be due and payable on the Maturity Date.

 

Notwithstanding anything to the contrary contained in this Note, at the option of the holder of this Note and upon notice to the Maker at any time after the occurrence of a default hereunder, from and after such notice and during the continuance of such default, the unpaid principal of this Note from time to time outstanding and all past due interest shall, to the extent permitted by applicable law, bear interest at the Default Rate, provided that in no event shall such interest rate be more than the Maximum Rate.

 

All interest accruing under this Note shall be calculated on the basis of a 360-day year applied to the actual number of days in each month. The Maker shall make each payment which it owes hereunder not later than twelve o’clock, noon, Sioux Falls, South Dakota, time, on the date such payment becomes due and payable (or the date any voluntary prepayment is made), in immediately available funds. Any payment received by the Payee after such time will be deemed to have been made on the next following business day. As used herein, the term “business day” shall mean a day on which commercial banks are open for business with the public in Sioux Falls, South Dakota.

 

Payee and Maker intend in the execution of this Note and all other instruments now or hereafter securing this Note to contract in strict compliance with applicable usury law. In furtherance thereof, Payee and Maker stipulate and


 
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