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<br />(1/8%). Installments of principal and interest shall be <br />payable monthly commencing on the June 1 following each <br />Adjustment Date in an amount equal to the amount necessary to <br />amortize the Principal Balance in equal monthly installments of <br />principal plus interest at the Adjusted Rate, assuming a <br />maturity of May I, 2010. The Principal Balance plus accrued <br />interest shall be due and payable in full on May 1, 1995 (the <br />"Final Maturity Date"). <br /> <br />. <br /> <br />3. Interest shall be computed on the basis of a 360 <br />day year, but shall be charged for the actual days elapsed in a <br />year of 365 days. All payments on this Note shall be applied <br />first to accrued interest and the balance to principal. <br /> <br />4. In the event that the interest on this Note shall <br />become subject to federal income taxation pursuant to a <br />Determination of Taxability (as hereinafter defined), the <br />interest rate on this Note shall be increased, retroactivelY <br />effective from and after the Date of Taxability (as hereinafter <br />defined) to an annual rate equal to two percent (2%) in excess <br />of the Prime Rate (as hereinafter defined) of North Star State <br />Bank as it may change from time to time. prime Rate shall mean <br />the rate publicly announced as such by North Star State Bank or <br />the reasonably equivalent successor rate. The City shall <br />immediately upon demand pay to the Lender and to each prior <br />holder affected by such Determination of Taxability an amount <br />equal to the amount by which the interest accrued retroactively <br />at such increased rate from the Date of Taxability to the date <br />of payment exceeds the amount of interest actually accrued and <br />paid to the Lender and any such prior holder during said <br />. period. (Such obligation of the City shall survive the payment <br />in full of the principal amount of this Note.) <br /> <br />5. The terms "Determination of Taxability," "Date of <br />Taxability" and "Notice of Taxability" as used herein shall <br />have the meanings ascribed to such terms in Section 4.07 of the <br />Loan Agreement, dated the date hereof (the "Loan Agreement"), <br />between the City and Pet Care Partnership (the "Borrower"). <br /> <br />6. The Lender shall give notice, as soon as <br />practicable, but in any event before the right to appeal such <br />Notice of Taxability has expired, to the Borrower, the City and <br />any prior holder of its receipt of any Notice of Taxability and <br />permit the Borrower to contest, litigate or appeal the same at <br />its sole expense. In the event any such contest, litigation or <br />appeal is undertaken, the increased interest provided in <br />paragraph 4 shall, nevertheless, be payable to the Lender and, <br /> <br />. <br /> <br />8 <br />