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PROMISSORY NOTE

Promissory Note

PROMISSORY NOTE | Document Parties: NETREIT | LA JOLLA BANK | MONTEREY PALMS SELF STORAGE, LLC You are currently viewing:
This Promissory Note involves

NETREIT | LA JOLLA BANK | MONTEREY PALMS SELF STORAGE, LLC

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Title: PROMISSORY NOTE
Date: 8/27/2009

PROMISSORY NOTE, Parties: netreit , la jolla bank , monterey palms self storage  llc
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Exhibit 10.8

PROMISSORY NOTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Principal
$5,200,000.00

 

Loan Date
03-16-2004

 

Maturity
03-01-2034

 

Loan No
01-33-20070

 

Call / Coll

 

Account

 

Officer
CC

 

Initials
Not Legible

References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations.

 

 

 

 

 

 

 

Borrower:

 

MONTEREY PALMS SELF STORAGE, LLC (TIN:
32-0038133)
2601 MAIN STREET, SUITE 1330
IRVINE, CA 92614

 

Lender:

 

LA JOLLA BANK, FSB 389 N. ESCONDIDO BLVD.
ESCONDIDO, CA 92025

 

 

 

 

 

 

Principal Amount: $5,200,000.00

 

Initial Rate: 7.000%

 

Date of Note: March 16, 2004

PROMISE TO PAY. MONTEREY PALMS SELF STORAGE, LLC (“Borrower”) promises to pay to LA JOLLA BANK, FSB (“Lender”), or order, in lawful money of the United States of America, the principal amount of Five Million Two Hundred Thousand & 00/100 Dollars ($5,200,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. The interest rate will not increase above 10.500%.

PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 24 monthly consecutive interest payments, beginning April 1, 2004, with interest calculated on the unpaid principal balances at an interest rate of 7.000% per annum; 335 monthly consecutive principal and interest payments in the initial amount of $30,366.22 each, beginning April 1, 2006, with interest calculated on the unpaid principal balances at an interest rate based on the THE LOWEST NEW YORK PRIME RATE IN EFFECT ON THE FIRST BUSINESS DAY OF THE MONTH (CYCLE) AS PUBLISHED IN THE MONEY RATE SECTION OF THE WEST COAST EDITION OF THE WALL STREET JOURNAL, (currently 4.000%), plus a margin of 0.500 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial interest rate of 5.500%; and one principal and interest payment of $30,368.30 on March 1, 2034, with Interest calculated on the unpaid principal balances at an interest rate based on the THE LOWEST NEW YORK PRIME RATE IN EFFECT ON THE FIRST BUSINESS DAY OF THE MONTH (CYCLE) AS PUBLISHED IN THE MONEY RATE SECTION OF THE WEST COAST EDITION OF THE WALL STREET JOURNAL, (currently 4.000%), plus a margin of 0.500 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial interest rate of 5.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Note during the initial interest only payment period is computed on a 3651365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Interest on this Note during the permanent loan phase is computed on a 301360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly interest is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. Borrower will pay Lender at Lender’s address shown above or at such other place as Lender may designate in writing.

VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the THE LOWEST NEW YORK PRIME RATE IN EFFECT ON THE FIRST BUSINESS DAY OF THE MONTH (CYCLE) AS PUBLISHED IN THE MONEY RATE SECTION OF THE WEST COAST EDITION OF THE WALL STREET JOURNAL, (the “Index”). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower’s request. The interest rate change will not occur more often than each 6 MONTHS. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.000% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the “Payment” section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. Notwithstanding the foregoing, the variable interest rate or rates provided for in this Note will be subject to the following minimum and maximum rates. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.500% per annum or more than (except for any higher default rate shown below) the lesser of 10.500% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower’s payments to ensure Borrower’s loan will pay off by its original final maturity date, (B) increase Borrower’s payments to cover accruing interest, (C) increase the number of Borrower’s payments, and (D) continue Borrower’s payments at the same amount and increase Borrower’s final payment.

PREPAYMENT FEE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment fee: If the aggregate amount of principal prepaid during months 25 through 36, from the date of funding, exceeds twenty percent (20%) of the original principal amount of this Note, the Borrower shall pay Lender a penalty equal to three percent (3%) of the original principal amount of this Note.

If the aggregate amount of principal prepaid during months 37 through 48, from the date of funding, exceeds twenty percent (20%) of the original principal amount of this Note, the Borrower shall pay Lender a penalty equal to two percent (2%) of the original principal amount of this Note.

If the aggregate amount of principal prepaid during months 49 through 60, from the date of funding, exceeds twenty percent (20%) of the original principal amount of this Note, the Borrower shall pay Lender a penalty equal to one percent (1%) of the original principal amount of this Note.

 

Except for the


 
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