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132758402v2 <br /> <br /> <br /> 3 <br /> <br />(a) five percent (5%) as of any date prior to the 1st anniversary of this note and the 1st <br />anniversary of an Adjustment Date; <br />(b) four percent (4%) as of any date after the 1st anniversary and prior to or on the 2nd <br />anniversary of this Note and after the 1st anniversary and prior to the 2nd anniversary of an <br />Adjustment Date; <br />(c) three percent (3%) as of any date after the 2nd anniversary and prior to or on the <br />3rd anniversary of this Note and after the 2nd anniversary and prior to or on the 3rd anniversary <br />of an Adjustment Date; <br />(d) two percent (2%) as of any date after the 3rd anniversary and prior to or on the <br />4th anniversary of this Note and after the 3rd year anniversary and prior to or on the 4th <br />anniversary of tan Adjustment Date; and <br />(e) one percent (1%) as of any date after the 4th anniversary of this Note and prior to <br />an Adjustment Date and after the 4th year anniversary of an Adjustment Date and prior to an <br />Adjustment Date. <br />In the event of any partial prepayment of this Note, the Lender shall apply any such <br />prepayment first against amounts which are neither principal nor interest, including any <br />collection costs, late fees or prepayment or termination fees, then against the accrued interest on <br />the Principal Balance and then against the outstanding principal amount of this Note in the <br />inverse order of maturities. The monthly payments due under Paragraph 3 hereof, shall continue <br />to be due and payable in full until the entire Principal Balance and accrued interest due on this <br />Note have been paid. However, the Note shall be reamortized by the Lender upon the request of <br />the Borrower if the Borrower is in compliance with all terms of the Loan Agreement. <br />8. Upon a Determination of Taxability, as defined in the Loan Agreement, this Note <br />shall convert to a taxable obligation and the interest rate for interest accruing from the Date of <br />Taxability, as defined in the Loan Agreement, shall be adjusted to an interest rate per annum <br />equal to the Index as adjusted on each Adjusted Date (the “Taxable Rate”), provided, however, <br />in no event shall the Taxable Rate be less than 6.00% per annum. Any interest accruing from the <br />Date of Taxability which is retroactively due as a result of the interest rate adjustment shall be <br />payable on the 1st day of the following month along with regularly scheduled principal payment <br />and interest accruing from the previous payment date at the Taxable Rate. <br />9. As provided in the Resolution and subject to certain limitations set forth therein, <br />this Note is only transferable upon the books of the City at the office of the City Clerk, by the <br />Lender in person or by its agent duly authorized in writing, at the Lender’s expense, upon <br />surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly <br />executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk will note <br />the date of registration and the name and address of the new registered owner in the registration <br />blank appearing below. The City may deem and treat the person in whose name the Note is last <br />registered upon the books of the City with such registration noted on the Note, as the absolute <br />owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account <br />of the Principal Balance, redemption price or interest and for all other purposes, and all such