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PROMISSORY NOTE

Promissory Note

PROMISSORY NOTE | Document Parties: HEARTLAND, INC. | CHOICE FINANCIAL GROUP You are currently viewing:
This Promissory Note involves

HEARTLAND, INC. | CHOICE FINANCIAL GROUP

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Title: PROMISSORY NOTE
Date: 10/3/2008
Industry: Construction Services     Sector: Capital Goods

PROMISSORY NOTE, Parties: heartland  inc. , choice financial group
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Exhibit 4.2

 

 

 

PROMISSORY NOTE

 

 

$3,250,000.00 

 

 

Grand Forks, North Dakota

 

 

 

October 1, 2008

 


 

1.   FOR VALUE RECEIVED, the undersigned, HEARTLAND, INC. , a Maryland corporation (“Borrower”) whose address is 1005 North 19th Street, Middlesboro, Kentucky 40965, promises to pay to the order of CHOICE FINANCIAL GROUP , a North Dakota state bank (“Lender”) whose address is 1697 South 42 nd Street, Grand Forks, North Dakota 58201, the principal sum of Three Million Two Hundred Fifty Thousand and 00/100 Dollars ($3,250,000.00), in lawful money of the United States of America, together with interest on the unpaid principal balance at the rate of interest hereinafter specified in installments as follows:

 

(i)           Commencing on ___________, 2008, and continuing on the ____ day of each month thereafter, Borrower shall pay a monthly installment of accrued interest and principal; and

 

(ii)           On _____________, 2011 (“Maturity Date”), the entire remaining principal balance together with any unpaid accrued interest shall be due and payable.

 

2.   The interest due hereunder on the outstanding principal amount shall accrue at a fixed rate equal to Seven and Three Quarters Percent (7.75%).  Interest shall be calculated on the balance outstanding at the end of each day and on the basis of a three hundred sixty (360) day year, but shall accrue and be payable on the actual number of days in the month.  Payment of the unpaid principal balance of this Note shall be amortized over a 15 year period.

 

3.   All payments shall be applied first to the costs of collection of this Note (including attorneys’ fees), then to late fees due hereunder, if any, then to interest and then to principal, except that if any advance made by Lender for expenses which are the responsibility of Borrower is not promptly repaid to Lender, any monies received, at the option of Lender, may first be applied to repay such advances, plus interest thereon, at the rates provided herein.

 

4.   All payments shall be made at the office of Lender set forth above, or at such other place as Lender hereof may from time to time designate in writing.

 

5.   This Note is secured.

 

6.   It is hereby expressly agreed that should (a) default be made in the payment of any principal, interest or other sums when due hereunder and such default continues for ten (10) days after written notice thereof to Borrower; or (b) a non-monetary default shall occur under the terms of any other documents executed in connection with this Note (collectively, the “Loan Documents”) each dated of even date herewith and such non-monetary default shall continue for a period of fifteen (15) days after notice of such non-monetary default is given to Borrower by Lender or for such longer period of time as is required to cure the default if the same cannot reasonably be cured within said 15 day period and Borrower is using all reasonable efforts to cure the same but in no event more than 45 days, then (i) the whole sum of principal, accrued interest and other sums outstanding hereunder shall, at the option of Lender hereof, be fully accelerated and become immediately due and payable, anything contained herein or in any instrument now or hereafter securing this Note to the contrary notwithstanding, time being of the essence hereof and (ii) the interest rate on this Note shall increase an additional five percent (5%) per annum in excess of the interest rate in effect at said time (“Default Rate”).  Said acceleration option and Default Rate shall continue until all such defaults have been cured.  In the event of such acceleration, the term “Maturity Date” shall be deemed to mean the date on which this Note is due and payable as a result of such acceleration.

 

 

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7.   If any payment of principal, interest or other sum due to Lender in connection with this Note or the other Loan Documents is not paid when due, Borrower agrees to pay a late charge equal to five percent (5%) of the amount of each such amount to defray the costs of Lender incident to collecting such late payment.  This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other rights Lender may have, including the right to declare the entire unpaid principal and interest immediately due and payable.

 

8.   The principal balance of this Note may be prepaid at any


 
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