Can I add a seller note AFTER closing Mortgage (CRE)

[Gaurav Malhotra]

Hello all - 

I am about to close on a commercial real estate property with a local credit union offering 75% LTV.

The seller has agreed to do a NOTE for 10% but the bank declined it. Seller agreed as I asked him to reduce price or delay sales due to the current stock market that has reduced my net worth significantly.

Since the bank declined, the seller has offered to put the 10% in an escrow, to be transferred to me AFTER the closing with the bank - against a 2nd lien position after the bank.

QUESTION: If i execute this, can the bank call my loan? if yes (as in legally they can)......

Question 2: Do banks care after the closing and call loans if a buyer takes a note and adds a lien in 2nd position after the bank?

Any other guidance?

Thanks