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85-149
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85-149
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8/9/2005 4:04:44 PM
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8/9/2005 3:24:02 PM
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<br />,. <br /> <br />Northstar Title, Inc., a Minnesota corporation (the "Con- <br />struction Loan Agreement"). <br /> <br />_ The City, for itself, its successors, and assigns, here- <br />by waives demand, presentment, protest, and notice of dis- <br />honor. <br /> <br />The remedies of the Lender, as provided herein and in <br />the Mortgage, the Assignment, the Agreement, the Pledge <br />Agreement, and the Construction Loan Agreement, are not <br />exclusive and shall be cumulative and concurrent and may be <br />pursued singly, successively, or together, at the sole dis- <br />cretion of the Lender, and may be exercised as often as <br />occasion therefor shall occur, and the failure to exercise <br />any such right or remedy shall in no event be construed as a <br />waiver or release thereof. The Lender shall not be deemed, <br />by any act of omission or commission, to have waived any of <br />its rights or remedies hereunder unless such waiver is in <br />writing and signed by the Lender and then only to the extent <br />specifically set forth in the writing. A waiver with <br />reference to one event shall not be construed as continuing <br />or as a bar to or waiver of any right or remedy as to a <br />subsequent event. <br /> <br />This Note may be transferred or exchanged, as provided <br />in the Note Resolution, only upon the Note Register kept by <br />First Bank Robbinsdale, National Association, as Note Regis- <br />trar, for such purpose, by the Lender in person or by its <br />attorney duly authorized in writing, upon surrender hereof <br />together with a written instrument of transfer or exchange <br />in the form specified in the Note Resolution duly executed <br />by the Lender or such duly authorized attorney, and there- <br />upon, at the request and expense of the Lender, the Ci ty <br />shall issue and deliver in the name of the designated trans- <br />feree or transferees a new Note or Notes of the same aggre- <br />gate principal amount, designation, maturity, and interest <br />rate as the surrendered Note and in any authorized denomina- <br />tion, all as provided in the Note Resolution. The City and <br />the Note Registrar may treat and consider the Lender of this <br />Note as the holder and absolute owner hereof for the purpose <br />of receiving payment of or on account of the principal or <br />redemption price hereof and interest due hereon and for all <br />other purposes whatsoever. <br /> <br />The City and its authorized officials or agents shall <br />not be personally liable on this Note or for any act or <br />omission related to the authorization or issuance hereof. <br /> <br />The Note is a special and limited obligation of the <br />City, is payable solely from the revenues pledged therefor <br />pursuant to the Agreement and the Pledge Agreement, does not <br />consti tute a debt of the Ci ty wi thin the meaning of the <br />City's Home Rule Charter (the "Charter") or of any consti- <br />tutional or statutory limitation whatsoever, does not con~ <br /> <br />A - 4 <br />
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