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<br />~> <br /> <br />. The RiverBank <br />Osceola <br />IRREVOCABLE LETTER OF CREDIT <br /> <br />Date: October 29, 2004 <br /> <br />TO: City of Centerville <br />1880 Main Street <br />CentervilIe, MN 55038 <br /> <br />Dear Sirs: <br /> <br />We hereby issue in your favor, this Irrevocable Letter of Credit #128445DSW for the account of <br />Sedona Townhomes, LLC ("Developer"), pertaining to Developer's obligations, performance <br />and undertakings, as described in the Development Agreement for CentervilIe Town Office Park <br />(the "Development Agreement"), between Developer and City of Centerville, Minnesota (the <br />"City"), in the amount of $199,746.00, available to you by your draft at the sight of the <br />undersigned bank when accompanied by a signed statement by the City President and <br />Administrator certifying that the conditions of the above referenced Development Agreement <br />have not been satisfied in accordance with that Development Agreement as follows: <br /> <br />I. The City President and Administrator certifies to the Bank truthfully that: <br /> <br />(a) Developer is in default in the payment of City Costs as defined in the <br />Development Agreement or is otherwise in default under the Development <br />Agreement; and <br /> <br />(b) The City has given written notice of said default to each of Developer and <br />the undersigned and 30 days or more has expired since the giving of such <br />notice and such default continues; and <br /> <br />(c) The City is drawing upon such Letter of Credit the amounts necessary to <br />pay the City Costs or otherwise satisfy the Developer's obligations under <br />the Development Agreement and that it will utilize and funds for the <br />payment of such City Costs and the satisfaction of such Developer <br />obligations. <br /> <br />2. The City presents this Letter of Credit; and <br /> <br />3. The City presents a copy of the 30-day written notice specified in l(b) above. <br /> <br />304 Cascade Street . P.O. Box 188 . Osceola, WI 54020 . (715) 294-2183 . Fax: (715) 294-2199 <br />