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82-2665
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82-2665
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8/15/2005 4:24:01 AM
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8/12/2005 10:27:15 AM
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<br />the Pledge Agreement, the Mortgage and the Disbursement <br />Agreement valid and binding obligations of the Issuer in <br />accordance with their terms are authorized by the Act; <br /> <br />(e) it is desirable that the Note in the principal <br />amount of $1,500,000 be issued by the Issuer upon the <br />terms set forth herein and that the Issuer pledge its <br />interest in the Agreement and grant a security interest <br />therein to the Lender as security for the payment of the <br />principal of, premium, if any, and interest on the Note; <br /> <br />(f) the Loan Repayments (as defined in the Agree- <br />ment) contained in the Agreement ar. fixed and are <br />required to be revised from time to time as necessary, <br />so as to produce income and revenues sufficient to pro- <br />vide for prompt payment of the principal of, premium, if <br />any, and interest on the Note when due, and the Agree- <br />ment also provides that the Borrower is required to pay <br />all expenses of the operation and maintenance of the <br />Land and the Project, including, but not limi ted to, <br />adequate insurance thereon and all taxes and special <br />assessments levied upon or with respect to the Land and <br />payable during the term of the Agreement; <br /> <br />(g) under the provisions of Minnesota Statutes, <br />Section 474.10, the Note is not to be payable from nor <br />charged upon any funds of the Issuer other than the <br />revenues pledged to the payment thereof pursuant to the <br />Agreement; the Issuer is not subject to any liabili ty <br />thereon; no Holder of the Note shall ever have the right <br />to compel any exercise of the taxing power of the Issuer <br />to pay the Note or the interest thereon nor to enforce <br />payment thereof against any property of the Issuer; the <br />Note, premium, if any, and interest thereon shall not <br />constitute an indebtedness of the Issuer within the <br />meaning of any consti tutional or statutory limi tation <br />and shall not consti tute or give rise to a pecuniary <br />liabili ty of the Issuer or charge against its general <br />credit or taxing powers and shall not constitute a <br />charge, lien or encumbrance, legal or equi table, upon <br />any property of the Issuer other than its interest in <br />the Mortgaged Property (as defined in the Mortgage); <br /> <br />(h) the execution and deli v~ry of the Note, the <br />Agreement, the Pledge Agreemen!.L,. the Disbursement Agree- <br />ment and the Mortgage shall not conflict with or consti- <br />tute, on the part of the Issuer, a breach of or a de- <br />fault under any existing agreement, indenture, mortgage, <br />lease or other instrument to which the Issuer is subject <br />or is a party or by which it is bound; provided that <br />this finding is made solely for the purpose of estopping <br />the Issuer from denying the validity of the Note, the <br /> <br />-6 - <br />
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