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80-2315
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80-2315
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8/18/2005 12:48:32 AM
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8/16/2005 12:45:13 PM
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<br />registered owner or upon it<; order shall be valid Ilrld effectual to sldisfy and <br />discharge the liability 011 this Note to the extent of tlle sum or sums so paid, "lid <br />the City shall not be effected by any notice to the contwry. <br /> <br />By acceptance of this Note the r'cgistered owner' agTces to provide to the <br />City Clerk, at the City Clerk's request, H verified statement of the dates WHI <br />amounts of all payments of principal, premium and interest received in respect to <br />this Note. It is agreed tho t time is of the essence in the performance of this Note, In <br />the event of default in the payment of principal or int(~r'est hel'cof or if an event of <br />default as defined in this Note or in the Mortgage, Assignment, Lonn ^(~r'eelllcnt or <br />Construction Loan Agreement occurs, the registered owner hereof slll1lJ hllvc the <br />right and option to declare, without notice, nll the remaining indebtedness of <br />unpaid principalnnd accrued interest evidenced by this Note immediately due Hnd <br />payable. <br /> <br />In tile event of default hereunder and following- acceleration of tllHtllrity by <br />registered owner hereof, a tender of pnyrnent of tlw Dmount necessary to satisfy <br />the entire unpaid prineipal balance declar'ed due Hnd pnYllble shall be deemed to <br />constitute an attempted evasion of the afol'esaid restl'ictions on the right of <br />prepayment and shall be deemed a voluntary prepayment hereunder and slleh <br />payment must therefore include the prepnyrnent premium as described above nnd if <br />payment is tendered prior to the earliest date on which prepayment may he made, <br />then such premium shall be computed as if tender hud been made on the eal'licst <br />date allowed for prepayment. <br /> <br />No delay or omission on the part of the reg-istered owner in excI'C'lslng 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 SllUll not be construed HS a bnr to or <br />waiver of any such right or remedy on a future occasion, <br /> <br />In the event the Borrowers sell, convey, transfer, further modgage or' <br />encumber or dispose of the Premises, or any pal't thereof, or' any interest therein, <br />or agree so to do, without the written consent of the reg'istcred owner of this Note <br />being first obtained, then at the sole option of the registered owner, it may declare <br />the entire amount of unvaid principal and accrued interest due Hnd payable in full <br />and call for payment of the same in full at once, In the event the Borrower's shall <br />request the consent of the registered owner in accordance with this pnragTHph, the <br />Borrowers shall deliver a written request to the rcg-istcred owner together witll <br />complete information reg-nrding such a conveyance or encumbrance and shall allow <br />the registered owner thirty (30) days for evaluation of such r'cquest. If such a <br />conveyance or encumbrance is approved, the Borrowers shall pny a processing fee <br />in an amount to be determined by the r'egistered owner but not less than Two <br />Thousand and 00/100 ($2,000,00) Dollars to compensate the registered owner' for <br />Pl'ocessing the request. Such approval may be subject to such other modi fJea tions <br />of the loan terms as may be deemed necessary by tile registered owner'. In no <br />event shall the Borl'owers request such consent prior to the expiJ'ation of the first <br />Loan Year, Consent as to anyone transaction shall not he deemed to be a waiver <br />of the right to require consent to futuC'c or successive tnlllsllctions. <br /> <br />It is hereby certified and recited and the City (~oul)cil has found: that the <br />Project is an eligible "project" defined in Section 474.02, Subd. in of the Ad; that <br />the issuance of this Note and the acquisition, construction and equipping of the <br /> <br />-5- <br />
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