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80-2315
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Resolutions 1980
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80-2315
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8/18/2005 12:48:32 AM
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<br />contain such revisions as may be approved by the Construction <br />Lender, Permanent Lender and the Borrowers. <br /> <br />6. Approval of Terms and Sale of Note. The city shall <br />proceed forthwith to issue its City of New Brighton Commercial <br />Development Revenue Note, Series 1980 (Irvin p, Moen and Judith <br />F. Moen Project), in the authorized principal amount of $630,000, <br />substantially in the form, maturing, bearing interest, payable in <br />the installments and otherwise containing the provisions set <br />forth in the form of Note attached hereto as Exhibit 1, which <br />terms and provisions are hereby approved and incorporated in this <br />Resolution and made a part hereof, <br /> <br />A single fully registered note, substantially in the <br />form of Exhibit 1 to this Resolution, shall be issued and <br />delivered to the Lender in the authorized principal amount of <br />$630,000 as authorized by the Act. Principal of and interest on <br />the Note shall be payable at the office of the registered owner <br />thereof as it appears on the registration records maintained by <br />the city Clerk in lawful money of the united States, The proposal <br />of the Construction Lender to purchase the Note at a price of <br />$630,000 (100% of the par value thereof), by making advances <br />pursuant to the Construction Loan Agreement, is hereby found and <br />determined to be reasonable and is hereby accepted. <br /> <br />7. Execution Deliver and Endorsement of Note. The <br />Note may be in typewr1tten or pr~nted form and sha 1 be executed <br />by the manual signatures of the Mayor, City Manager and City <br />Clerk-Treasurer and the official seal of the City shall be affixed <br />thereto. <br /> <br />When so prepared and executed, the Note shall be <br />delivered to the Lender upon payment of the purchase price therefor, <br />and upon receipt of the signed legal opinion of Messrs, Faegre & <br />Benson, of Minneapolis, Minnesota, bond counsel, pursuant to the <br />Loan Agreement. The Note shall contain a recital that such Note <br />is issued pursuant to the Act, and such recital shall be conclusive <br />evidence of the validity and regularity of the issuance thereof. <br /> <br />8. Registration Records, The City Clerk-Treasurer, as <br />note registrar, shall keep a note register in which the City <br />shall provide for the registration of the Note and for transfers <br />of the Note. The City Clerk-Treasurer is authorized and directed <br />to deliver a certified copy of this Note Resolution to the County <br />Auditor of Ramsey County, together with such other information as <br />the County Auditor may require, and obtain the certificate of the <br />County Auditor as to entry of the Note on his bond register as <br />required by the Act and section 475,63, Minnesota Statutes. <br /> <br />9. Mutilated, Lost, Stolen or _R~stroyed Note. If the <br />Note is mutilated, lost, stolen or destroyed, the City may execute <br />and deliver to the Holder a new Note of like amount, date, number <br />and tenor as that mutilated, lost, stolen or destroyed; provided <br />that, in the case of mutilation, the mutilated Note shall first <br /> <br />-5- <br />
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