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<br />the security hereinafter described, The liability of the Ci ty hereunder IS further <br />restricted in aU respects as set forth in Section 474,10 of the Act. <br /> <br />This Note is issued and sold pursuant to 11 resolution of the City adopted by <br />its City Council on March 25, 1980 (the "Note Resolution") in order to pz'ovide <br />funds to be loaned to Irvin p, Moen and Judith F, Moen, husband and wife, (the <br />"Borrowers") pursuant to a Loan Agreement dated as of <br />, 1980 (the "Loan Agreement!!) bctween---tti-e-CTfY--/Jild"the' <br />BorrowerS-for the-purpose of. financing the acquisition, construction und equipping <br />of an office warehouse building and related facilities, to!{cther with appurtenunt <br />site improvements (the "Project"), all located on r'eal property situated in Hamsey <br />County, Minnesota (the "Premises"), Under the Loan A!{reement, the BOl'l'owcr's <br />have agreed to construct and equip the Project and 11llve agreed to make certain <br />loan repayments in amounts and at times sllffici0nt to pay the principal of, <br />premium, if any, and interest on this Note whcn due. PUrsuant to an Assigllment <br />and Pledge of Loan Agreement dated as of , 1980 <br />executed by the City in favor of the Holder (thc'-"PleeJgc'-'>-:-the-CITy-hns pledged <br />and as.signed its interest in the Loan Agreement (except its rights under Sections <br />4,02, 6,01, 7,04 and 7,05 thereof) to the registered owner hereof. This Note is <br />further secured by (i) a Mortgage and Security Agreement and Fixture Financing <br />Statement dated as of . . ...' 1980 (the !!l\1ol'tgage") by which <br />the Borrowers have grantedTo-~ffle~H61aer-a first mortgalSe lien on and security <br />interest in the Project and the Pr'emiscs, (jj) Hn Assignment of Lease dated as of <br />, 1980 (the" Assignment") by which the Borrowers <br />have ass-ign-edto tli-e-Holderthclr interests in all rents and leases of the Project Hnd <br />the Premises; and (iii) a Guaranty to be executed by Chemical Technology, Inc. to <br />Investors Syndicate of America, Inc" a Delaware corporation ("Guaranty"). <br />Advances of funds for the Project are being made pursuant to H Construction Loan <br />Agreement dated as of , 1980 (the "Construction <br />Loan Agreement") among-tT1e-.eity~.--"Horder--a-r1d--nort;owers, Reference is hcreby <br />made to the Note Resolution, Loan Agreement, Pledge, Constl'uction LOHn Ag'J'ec- <br />ment, Mortgage, Assignment, and Guaranty for a complete description of the <br />covenants and agreements ther'cin contained, the nature Hnd extent of the security <br />thereby created and the rights, duties and immunities of the City thereunder, <br /> <br />This Note may not bc prepaid on 01' before the Purchase Date nor during the <br />period of the first seven (7) Loan Years, as hercinaftcr defined, Thereafter, at tllC <br />direction of the Borrowers, this Note may be p,'cpaid in full but not in part durin!; <br />the eighth (8th) Loan Year upon the payment of a prcpayment premium, over Hnd <br />above the interest accrued under the terms of this Note in an amount cqual to <br />three percent (3%) of the amount of principal prepaid and commencing with the <br />ninth (9th) Loan Yeur upon the payment of a pr'epaymcnt premium in an alnount <br />equal to two and one-.half percent (2-1/2%) of thc amount of principal prepaid, <br />The prepayment pr'emium to be paid shull decrease by one-half percent (1/2'X,) for <br />each Loan Year thereafter to H minimum of one pel'cent (l')(,) dlll'ing thc twelfth <br />(12th) Loan Year Hnd every Loan Year' thereafter. "Loan Yellr" shall mcall It <br />calendar year consisting of twelve (12) months com mCllcing on the date the first <br />full monthly payment of principal Hnd int(~rest is due linder' this Note, The <br />Borrowers shall give the registered owner of this Note ninety (90) days written <br />notice of any such prepayment and any such prepayment shall not suspend regular <br />payments as they become due, <br /> <br />Provisions to the contrary, if any, contained in this Note notwithstanding, <br />the above-described Construction Loan Agreement shall no longer consti tutc a part <br /> <br />-:3- <br />