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80-2327
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80-2327
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Last modified
8/18/2005 12:49:13 AM
Creation date
8/16/2005 12:35:17 PM
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<br />. <br /> <br />I'('r~istercd oWller or upon ih order shllll he vlllid l\lld cefcl'tulIl to satisfy /llld <br />discllnl't~c t.he linbility 011 this Note to tile extellt of tile SUlll or SUIllS so paid, nlld <br />the City shull not be cf[cdeu by uny llotiec to the contrllry. <br /> <br />By acceptance of this Note tile registered owner agrees to provide to the <br />City Clerk, at the City Clerk's request, a verified statement of the dates find <br />amounts of all pnyments of principnl, premiuTll and inter'est received in respect to <br />,this Note. It is agreed that tirnc is of the essence in the performullce of this Note. In <br />the event of default in the puynlCnt of principal or interest hereof or if an event of <br />default as defined in this Note or in the Mortgage, Assignment, Lon,n Agreement or <br />Constr'uction Loan Agl'eel11ent oecurs, the registered owner hel'eof sllall have the <br />right und option to declare, without notice, ull the remaining indebtedness of <br />unpaid principal und accrued interest evideneed by this Note immediately due and <br />payable. <br /> <br />In the event of rlefl1ult hei'eundcr and following neeeleration of maturity by <br />register'cd owner hereof, a tender of payment of the uTllount necessary to satisfy <br />the entit'e unpaid pl'incipal l>alnnee declared clue nnd payable shall be deemed to <br />constitute an attempted evasion of th,e aforesaid restrictions on the right of <br />prepayment and shall be deemed a voluntary prepayment hereunder und such <br />payment must therefore include the prepayment premium as described above and if <br />payment is tendered prior' to the earliest date on which prepayment may be made, <br />then such pI'emium shall be computed as if tender had been made on the earliest <br />date allowed for prepayment. <br /> <br />No delay or omission on the part of the registel'ed owner in excrclsmg any <br />right hereunder shall operate as a waiver of such right or of any other remedy <br />under this Note. A waiver on anyone occasion shull not be construed as a bar to or' <br />waiver of any sueh l'ight 01' rClllcdyon a future occasion. <br /> <br />In the event the Borrowers sell, convey, transfer, further mortgage or <br />encumber or dispose of the Premises, 01' any par"t thereof, or any interest therein, <br />or agt'ee so to do, without tile written consent of the rq~istere(j ownel' of tllis Note <br />being first obtained, then at tile sole option of the registered owner, it may declare <br />the entire amount of unpuicl pl'incipal and a.ccrued interest due and payable in full <br />and cilll fOl' payment of the ~ame in full at once. In the event the BOl'rowel's shall <br />request the consent of the registered owner in accordance with this paragraph, the <br />Borrowers shall deliver u wl'itten request to the registered owner' together with <br />complete infol'mation rC[;nI'dinp; such u conveyance or encumbrnr:ce and shall allow <br />tile registered ownet' thirty (30) days for evaluation of such request. If such a <br />conveyance or encumbrance is approved, the Borrowers shull pay a processing fee <br />in an amount to be determined by the registered owner but not less than Two <br />Thousandund 00/100 ($2,000.00) Dollars to compensate the registel'ed owner for <br />processing tIle request. Such approval may be subject to such other modifieations <br />of the 10Hn terms as may be deemed necessary by the registered owner. In no <br />event shall tile Borrower's I'cquest suel1 consent prior to the expiration of the fil'st <br />Lonil Year'. Con~ent liS to any aile transaction shall not be deemed to be a wuiver <br />of the rit~ht to require consent to future or sllccessive transactions. <br /> <br />It is hereby certified Ilnd recited and the City Council has found: that the <br />Project is un clig'ible "project" defined in Section 474.02, Subd. 1a of the ^ctj that <br />tile issuunce of this Note Ilnd the nequisition, construction and equipping of the <br /> <br />t. <br />-;)- <br />
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