If applicable, incorporate the promissory note text as paragraph 3. of form 19-9 in this chapter. See section 19.46 regarding motions for summary judgment on promissory notes.
Grounds for Summary Judgment—Promissory Note and Foreclosure
3. Grounds. The pleadings, affidavits, and discovery documents, such as deposition transcripts, answers to interrogatories, and admissions, on file herein or attached hereto show that there is no genuine issue as to any material fact in this cause, in that—
a.The note made the subject of this cause was executed by Defendant and was delivered to Plaintiff by Defendant, as evidenced by [describe evidence].
b.Plaintiff gave value for the note to Defendant, as evidenced by [describe evidence].
c.Plaintiff is the owner and holder of the note, as evidenced by [describe evidence].
d.The note matured, as evidenced by [describe evidence].
e.Defendant defaulted in payment of the note, as evidenced by [describe evidence].
f.The amount of $[amount] is due by Defendant to Plaintiff on the note, as evidenced by [describe evidence].
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Continue with the following if foreclosure is sought. |
g.Defendant, through the security agreement described in Plaintiff’s original petition on file herein, granted to Plaintiff a security interest in the collateral therein described, as evidenced by [describe evidence].
h.The collateral is presently in Defendant’s possession, as evidenced by [describe evidence].
i.Defendant has failed to surrender possession of the collateral when demanded to do so by Plaintiff, as evidenced by [describe evidence].