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<br />be surrendered to the City, and in the case of a lost, stolen or <br />destroyed Note, there shall be first furnished to the City and <br />the Company evidence of such loss, theft or destruction satis- <br />factory to the city and the Borrower, together with indemnity <br />satisfactory to them. The city and Borrower may charge the <br />Holder with their reasonable fees and expenses in replacing any <br />mutilated, lost, stolen or destroyed Note. <br /> <br />10. Transfer of Note; Person Treated as Holder. The <br />Note shall be transferable by. the Holder on the note register of <br />the City, upon presentation of the Note for notation of such <br />transfer thereon at the office of the City Clerk-Treasurer, as <br />note registrar, accompanied by a written instrument of transfe.I' <br />in form satisfactory to the city Clerk-Treasurer and the City <br />Attorney duly executed by the Holder or its attorney duly autho- <br />rized in writing. The Holder seeking to transfer ownership of <br />such Note shall also give written notice thereof prior to the <br />time that the next payment is due thereunder to the Company, <br />Such Note shall continue to be sUbject to successive transfers at <br />the option of the Holder of the Note. No service charge shall be <br />made for any such transfer, but the City Clerk-Treasurer may <br />require payment of a sum sufficient to cover any tax or other <br />governmental charge payable in connection therewith, The person <br />in whose name the Note shall be issued or, if transferred, shall <br />be registered from time to time shall be deemed and regarded as <br />the absolute Holder thereof for all purposes, and payment of or <br />on account of the principal of and interest on such Note shall be <br />made only to or upon the order of the Holder thereof, or its <br />attorney duly authorized in writing, and neither the City, the <br />City Clerk-Treasurer, the Borrowers, nor the Holder shall be <br />affected by any notice to the contrary. All such payments shall <br />be valid and effectual to satisfy and discharge the liability <br />upon the Note to the extent of the sum or sums so paid, The Note <br />shall be initially registered in the name of the Lender. <br /> <br />11. Amendments, Changes and MOdifications to Loan <br />Agreement, Construction Loan Agreement and Bond Resolution. <br />Except pursuant to Section 9.09 of the Loan Agreement, the City <br />shall not enter into or make any change, modification, alteration <br />or termination of the Loan Agreement, the Construction Loan <br />Agreement, the Loan Agreement Assignment or this Bond Resolution. <br /> <br />12. Pledge to Holder. Pursuant to the Loan Agreement <br />Assignment, the City shall pledge and assign to the Lender and <br />its successor Holders of the Note all interest of the City in the <br />revenues of the Project and the Project facilities, including all <br />Loan Repayments to be made by the Company under the Loan Agreement <br />and the interest of the city in any moneys derived from enforcement. <br />of the Mortgage, Lease Assignment or the Guaranty. All collections <br />of moneys by the City in any proceeding for enforcement of the <br />Obligations of the Borrowers under the Loan Agreement, the Mortgage, <br />Lease Assignment or the Guaranty shall be received, held and <br />applied by the City for the benefit of the Holder of the Note. <br /> <br />-6- <br />