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PROMISSORY NOTE

Promissory Note

PROMISSORY
NOTE | Document Parties: CHAMPION INDUSTRIES INC | Community Trust Bank Inc. You are currently viewing:
This Promissory Note involves

CHAMPION INDUSTRIES INC | Community Trust Bank Inc.

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Title: PROMISSORY NOTE
Governing Law: Kentucky     Date: 1/26/2004
Industry: Printing Services     Sector: Services

PROMISSORY
NOTE, Parties: champion industries inc , community trust bank inc.
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10.7

Promissory Note, $122,500 between Champion Industries, Inc. and Community Trust Bank dated as of January 9, 2003.

 


 

PROMISSORY NOTE

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 :

 

CHAMPION INDUSTRIES, INC.(TIN: 55-0717455)

 

Lender :

 

Community Trust Bank Inc.

 

 

P.O. Box 2968

 

 

 

Main Office

 

 

Huntington, WV 25728-2968

 

 

 

346 North Mayo Trail

 

 

 

 

 

 

P.O. Box 2947

 

 

 

 

 

 

Pikeville, KY 41502-2947

Principal Amount : $122,500.00 Initial Rate : 4.250% Date of Note : January 9, 2003

PROMISE TO PAY. CHAMPION INDUSTRIES, INC. (“Borrower”) promises to pay to Community Trust Bank, Inc. (“Lender”), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty-two Thousand Five Hundred & 00/100 Dollars ($122,500.00), together with interest on the unpaid principal balance from January 9, 2003, until paid in full.

PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in 36 payments of $3,633.48 each payment. Borrower’s first payment is due February 9, 2003, and all subsequent payments are due on the same day of each month after that. Borrower’s final payment will be due on January 9, 2006, and will be for all principal and all accrued Interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days’ multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. 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 Highest Prime Rate most recently published in “The Wall Street Journal’s money rates column” as the base rate on corporate loans at large U.S. money center commercial banks. (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 day, [Any change in the Prime Rate shall be effective as of the day on which the change is announced to become effective]. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.250% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate equal to the Index, resulting In an initial rate of 4.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. 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. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower’s obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower’s making fewer payments. Borrower agrees not to send Lender payments marked

“paid in full”, “without recourse”, or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender’s rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Community Trust Bank, Inc., P.O. Box 2947 Pikeville, KY 41502-2947.

LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000 % of the regularly scheduled payment.

INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 2.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law.

DEFAULT. Each of the following shall constitute an event of default (“Event of Default”) under this Note:

 

 

Payment Defa


 
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