NOTE SECURED BY DEED OF TRUST
Exhibit 10.3
(d)
Loan
No.:
|
___________,
2008
|
Redwood
City, California
|
(PROPERTY
ADDRESS)
1. XXXXXXXX’S
PROMISE TO PAY LOAN AND INTEREST
In return for a loan I promise to pay
$_________ (this amount will be called “Principal”), plus interest at a yearly
rate of ____________ percent (____%) to the order of REDWOOD MORTGAGE INVESTORS
IX, LLC a Delaware limited liability company, (who will be called
“Lender”).
I understand that the Lender may
transfer this Note. The Lender or anyone who takes an interest in
this Note by transfer and who is entitled to receive payments under this Note
will be called the “Note Holder(s).”
All payments received on this Note
shall be applied pro rata in proportion to the interest held by each of the Note
Holder(s).
Interest will be charged on that part
of Principal which has not been paid. Interest will be charged
beginning on ____________ and continuing until the full amount of Principal and
interest has been paid. I also agree to pay interest at the above
rate on the prepaid finance charges, which are a part of the
Principal.
2. PAYMENTS
I will pay interest only by making
payments each month of $_________. I will make my payments on the 1st
day of each month beginning on ____________. I will make these
payments every month until _____________ (the “Due Date”). On the Due
Date I will still owe the Principal; on the Due Date I will pay all amounts I
owe under this Note, in full, on that date.
I will make my monthly payments at
P.O. Box 5096, Redwood City, CA
94063-0096 or at a different place if I am notified by the Note
Holder(s).
3. XXXXXXXX’S
FAILURE TO PAY AS REQUIRED
(A) LATE CHARGE FOR OVERDUE
PAYMENTS
If the Note Holder(s) has not received
the full amount of any of my monthly payments by the end of 10th calendar days
after the date it is due, I will pay a late charge to the Note
Holder(s). The amount of the charge will be 6% of the amount overdue
or $5.00, whichever is more. I will pay this late charge only once on
any late payment.
(B) NONPAYMENT -
DEFAULT
If I do not pay any payment of
Principal or interest by the date stated in Section 2 above, I will be in
default, and the Lender and the Note Holder may demand that I pay immediately
all amounts that I owe under this Note.
Even if, at a time which I am in
default, the Note Holder does not demand that I pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in
default at a later time. If there is more than one Note Holder, any
one Note Holder may exercise any right under this Note in the event of a
default. A default upon any interest of any Note Holder shall be a
default upon all interests.
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(C) ADVANCES
All advances made pursuant to the terms
of the Deed of Trust securing this Note shall bear interest from the date of
advance at the rate of interest in this Note.
(D) PAYMENT OF NOTE HOLDER’S
COSTS AND EXPENSES
If the Note Holder has required me to
pay immediately in full as described above, the Note Holder will have the right
to be paid back for all of its costs and expenses to the extent not prohibited
by applicable law. Those expenses include, for example, reasonable
attorney’s fees.
(E) INTEREST INCREASE IF
NOTE NOT PAID ON DUE DATE
If the Note Holder has not received all
amounts owed under this Note on the Due Date, I will pay interest on the full
amount of unpaid Principal at ________ percent (__%) per annum plus the loan or
forbearance rate established by the Federal Reserve Bank of San Francisco on
advances to member banks under Section 13 and 13a of the Federal Reserve Act, on
the Due Date, or the rate of interest called for in this Note, whichever is
greater.
4. THIS
NOTE IS SECURED BY A DEED OF TRUST
This Note is secured by a Deed of Trust
upon real property in _________ County, California.
5. XXXXXXXX’S
REQUIRED REPAYMENT IN FULL BEFORE THE SCHEDULED DATE
In the event of any sale or conveyance
of any part of the real property described in the Deed of Trust securing this
Note, then the Note Holder(s) may demand payment in full of all amounts that I
owe under this Note, as allowed by law.
6. XXXXXXXX’S
PAYMENTS BEFORE THEY ARE DUE - PREPAYMENT PENALTY.
I have the right to make payments of
principal at any time before they are due. There shall be no
prepayment penalty.
7. INTENT
TO COMPLY WITH LAW
It is the intent of all of the parties
to this Note to abide by all of the provisions of the California Business and
Professions Code governing Real Property Loans and any terms of this Note
inconsistent with that law are hereby waived by the Lender and Note
Holder(s).
BORROWER:
____________________________________ ______________________
(Date)
____________________________________ ______________________
(Date)
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