EXHIBIT 10.9
CLS MORTGAGE COMPANY
DATE: AUGUST 10, 2000
1. XXXXXXXX'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay $120,000.00 (this
amount is called "principal"), plus interest, to the order of the Lender. The
lender is CLS MORTGAGE, INC., A WASHINGTON CORPORATION. I understand that the
Lender may transfer this Note. The Lender or anyone who takes this Note by
transfer and who is entitled to receive payments under this Note is called the
"Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal
has been paid. I will pay interest at a yearly rate of SIXTEEN PER CENT (16.0%).
Interest shall commence AUGUST 11, 2000.
3. PAYMENTS
(A) TIME AND PLACE OF PAYMENTS
I will pay principal and interest by making payments every month.
I will make my payments on the 11th day of each month beginning on September 11,
2000. I will make these payments every month until I have paid all of the
principal and interest and any other charges described below that I may owe
under this Note. My monthly payments will be applied to interest before
principal. If on August 11, 2005, I still owe amounts under this Note I will pay
those amounts in full on that date, which is called the "maturity date".
I will make my monthly payments to CLS Escrow, Inc., 00000 X. Xxxx, Xxxxxxx, XX
00000, or at a different place if required by the Note Holder.
(B) AMOUNT OF MONTHLY PAYMENTS My monthly payment will be in the amount
of $1,613.71.
4. XXXXXXXX'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due.
A payment of principal only is known as a "prepayment". When I make a
prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any
prepayment charge. The Note Holder will use all of my prepayments to reduce the
amount of the principal that I owe under this Note. If I make a partial
prepayment, there will be no changes in the due date or tin the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is
finally interpreted so that the interest or other loan charges collected or to
be collected in connection with this loan exceed the permitted limits, then" (i)
any such loan charges shall be reduced by the amount necessary to reduce the
chart to the permitted limit; and (ii) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may chose to
make this refund by reducing the principal I owe under this Note or by making a
direct payment to me. If a refund reduces principal, the reductions will be
treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) LATE CHARGE FOR OVERDUE PAYMENTS
If the Note Holder has not received the full amount of any monthly
payment, including the payment due at maturity, within five (5) calendar days
after the date it is due, the Maker agrees to pay the Holder a late charge of
Twenty Five Dollars ($25.00) or Ten Percent (10%) of the delinquent payment
amount whichever is greater. It is hereby agreed that the Holder of the Late
Charge is CLS Escrow, Inc.
(B) DEFAULT
If I do not pay the full amount of each monthly payment on the date that it due,
I will be in default.
(C) PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES
If I am in default, the Note holder will have the right to be paid back by me
for all its costs and expenses in enforcing this Note to the extent not
prohibited by applicable laws. Those expenses include, for example, reasonable
attorney's fees.
7. OBLIGATIONS OF PERSON UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally
obligated to keep all of the promises made in this Note, including the promise
to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note.
The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
8. WAIVERS
I AND ANY OTHER PERSON WHO HAS OBLIGATIONS UNDER THIS note waive the rights of
presentment and notice of dishonor. "Presentment" means the right to require the
Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts
due have not been paid.
9. UNIFORM SECURED NOTE
In additions to the protection given to the Note Holder under this Note, a
Mortgage or Deed of Trust (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder form possible losses which might result if I
do not keep the promises which I make in this Note. That Security Instrument
describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions
are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all
or any part of the Property or any interest in it is sold or transferred without
the Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if exercise is prohibited by federal law
as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of
acceleration. The Notices shall provide a period of not less than 30 days from
the date the notice is delivered or mailed with in which Borrower must pay all
sums secured by this Security Instrument . If Xxxxxxxx fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
THIS NOTE AND ACCOMPANYING LOAN DOCUMENTS SHALL BE GOVERNED AS TO
VALIDITY, INTERPRETATION, CONSTRUCTION, EFFECT AND IN ALL OTHER RESPECTS BY THE
LAWS AND DECISIONS OF THE STATE OF IDAHO. The laws of the state of Idaho shall
apply to each and every action or proceeding initiated with respect to this Note
and loan evidenced herein. If any State or Federal Court shall declare this
provision invalid then it is expressly agreed by the parties that the interest
rate expressed in the Note shall be the highest rate permitted pursuant to the
applicable state law in effect at the inception of this Loan. the parties agree
that the venue thereof shall be Shoshone Count, State of Idaho.
WITNESS THEN THE HANDS OF THE UNDERSIGNED.
ATLAS MINING COMPANY
BY: /S/ XXXXXXX X. XXXXXXXX
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