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80-2363
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80-2363
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8/16/2005 12:47:22 PM
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8/16/2005 10:57:15 AM
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<br />. . <br /> <br />this Bond any right to have the city levy any taxes or appropriate <br />any funds for the payment of the principal hereof or interest <br />hereon, nor is this Bond a general obligation of the city or an <br />obligation of the individual officers or agents thereof. This <br />Bond and interest hereon are payable solely and only from the <br />moneys received under the Loan Agreement hereinafter mentioned, <br />including loan repayments to be made by Chemical Technology, <br />Inc., a Minnesota corporation (the "Company") and from enforce- <br />ment of the Security Agreement and Guaranty Agreement hereinafter <br />mentioned. <br /> <br />This Bond represents an authorized series of special <br />obligation Bonds of an aggregate principal amount of $300,000, <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 />Company to finance costs of acquiring and installing certain <br />equipment to be located permanently in and to become a part of <br />the plant building leased by the Company in the City for its use <br />(the "Project"). This Bond is issued pursuant to a Loan and <br />Purchase Agreement (the "Loan Agreement") by and among the City, <br />the Company and the Bank, dated as of August 1, 1980, and a Bond <br />Resolution of the city duly adopted August 12, 1980. Pursuant <br />to a Loan Agreement Assignment dated as of August 1, 1980 (the <br />"Assignment"), the City has assigned its interest in the Loan <br />Agreement (except its rights under Sections 5.02, 7.01, 8.04 and <br />8.05 thereof) to the Bank. This Bond is secured by the Loan <br />Agreement, the Assignment, the Bond Resolution, a Guaranty Agree- <br />ment dated as of August 1, 1980, executed by Irvin P. Moen (the <br />"Guarantor") to the Bank (the "Guaranty Agreement") and a Security <br />Agreement (the "Security Agreement") by the Company to the said <br />Bank dated as of August 1, 1980, to which Loan Agreement, Assign- <br />ment, Bond Resolution, Guaranty Agreement and Security Agreement <br />and amendments thereof reference is hereby made for a description <br />and limitation of the revenues and funds pledged and appropriated <br />to the payment of the Bond, the nature and extent of the security <br />thereby created, the rights of the Holder of the Bond, the rights, <br />duties and immunities of the Bank and the rights, immunities and <br />obligations of the city thereunder. Certified copies of the Bond <br />Resolution and executed counterparts of the Loan Agreement, the <br />Assignment, the Guaranty Agreement and the Security Agreement are <br />on file at the office of the City Clerk. <br /> <br />The outstanding and unpaid balance of advances on <br />account of the authorized principal sum of this Bond is equal to <br />the aggregate of loans made by the City to the Company from Bond <br />proceeds paid by the Bank under the Loan Agreement, as evidenced <br />by the notations on Annex A attached to this Bond and hereby made <br />a part hereof, less repayments of principal made to the Holder <br />hereof. As provided in the Loan Agreement, the notation of the <br />amount and date of an advance and receipt by the Authorized <br />Company Representative set forth on Annex A is conclusive evidence <br />of the amount and date of the payment by the Bank, the loan by <br />the Municipality to the Company, and the receipt of the loan by <br />the Company. The Bond shall be sUbject to prepayment on any <br /> <br />-2- <br />
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