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81-2505
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Resolutions 1981
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81-2505
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8/16/2005 12:40:44 PM
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8/15/2005 10:48:09 AM
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<br />. . <br /> <br />" <br /> <br />t <br /> <br />This Bond represents an authorized series of special <br />obligation Bonds of an aggregate principal amount of $600,000, <br />which have been authorized by law to be issued and have been <br />issued for the purpose of funding a loan from the city to the <br />Borrowers to finance costs of acquiring, constructing and equipping <br />an office-warehouse facility in the city to be owned by the <br />Borrowers and leased to Becker Bros., Inc. (the "Lessee") (the <br />"Project"). This Bond is issued pursuant to a Loan and Purchase <br />Agreement (the "Loan Agreement") by and among the city, the <br />Borrowers and the Bank, dated as of September I, 1981, and a Bond <br />Resolution of the City duly adopted September 22, 1981. Pursuant <br />to an Assignment and Pledge Agreement dated as of September I, <br />1981 (the "Assignment"), the City has assigned its interest in <br />the Loan Agreement (except its rights under Sections 5.02, 7.01, <br />8.04 and 8.05 thereof) to the Bank. This Bond is secured by the <br />Loan Agreement, the Assignment, the Bond Resolution and a Combina- <br />tion Mortgage, Security Agreement and Fixture Financing statement <br />(the "Mortgage") dated as of September I, 1981 from the Borrower <br />to the Bank and an Assignment of Rents and Leases (the "Assignment <br />of Rents") dated as of September I, 1981, by the Borrowers to the <br />Bank, to which Loan Agreement, Assignment, Bond Resolution, <br />Mortgage, and Assignment of Rents and amendments thereof reference <br />is hereby made for a description and limitation of the revenues <br />and funds pledged and appropriated to the payment of the Bond, <br />the nature and extent of the security thereby created, the rights <br />of the Holder of the Bond, the rights, duties and immunities of <br />the Bank and the rights, immunities and obligations of the City <br />thereunder. Certified copies of the Bond Resolution and executed <br />counterparts of the Loan Agreement, the Assignment, the Assignment <br />of Rents and the Mortgage are on file at the office of the City <br />Clerk. <br /> <br />The Bond shall be SUbject to prepayment on any install- <br />ment payment date, in whole or in part, at the option of the City <br />at the request of the Company, upon payment to the Bank of the <br />principal amount of the Bond to be prepaid plus accrued interest. <br />The Bond shall also be Subject to prepayment in certain events of <br />damage to or destruction or condemnation of the Project facili- <br />ties, as described in the Mortgage. <br /> <br />Notwithstanding anything herein to the contrary, if a <br />Determination of Taxability (as defined in the Loan Agreement) <br />shall be made, the Bond shall automatically bear interest on the <br />unpaid balance at the interest rate of fifteen percent (15.00%) <br />per annum, and shall be deemed to have borne interest at such <br />rate from the Date of Taxability (as defined in the Loan Agreement); <br />and the Borrowers shall forthwith pay to the Holder hereof as <br />additional interest the difference between the amount of interest <br />actually paid from the Date of Taxability, and the amount that <br />would have been paid if such increased interest rate had been in <br />effect from the Date of TaXability and thereafter, the Borrowers <br />shall pay such increased installments of principal and interest <br />as are necessary to amortize the then outstanding principal <br />balance and interest thereon at such increased rate of interest <br />for the remaining maturity of this Bond. <br /> <br />-2- <br />
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