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Last modified
7/17/2007 9:18:53 AM
Creation date
4/25/2005 12:19:51 PM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
7680
Resolution Title
$900,000 Commercial Development Revenue Note of 1984, Series D
Resolution Date Passed
12/26/1984
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<br />11. This Note and interest hereon and any premium <br />due hereunder are payable solely from the revenues and proceeds <br />under the Loan Agreement pledged to the payment tl1ereof <br />pursuant to the Pledge Agreement, except as the same may <br />otherwise be payable in accordance with the Mortgage and the <br />Assignment of Rents and Leases, and do not constitute a debt of <br />the City within the meaning of any constitutional or statutory <br />limitation, are not payable from or a charge upon any funds <br />other than the revenues and proceeds pledged to the payment <br />thereof, and do not give rise to a pecuniary liability of the <br />City or, to the extent permitted by law, of any of its offi- <br />cers, agents or employees, and no holder of tl1is Note shall <br />ever have the right .to compel any exercise of the taxing power <br />of the City to pay this Note or the interest thereon, or to <br />enforce payment thereof against any property of the City, and <br />this Note does not constitute a charge, lien or encumbrance, <br />legal or equitable, upon any property of the City, and the <br />agreement of the City to perform or cause the performance of <br />the covenants and other provisions herein referred to shall be <br />subject at all times to the availabi1ity of revenues or other <br />funds furnished for such purpose in accordance with the Loan <br />Agreement, sufficient to pay all costs of such performance or <br />the enforcement thereof. <br /> <br />12. It is agreed that time is of the essence of this <br />Note. If the City defaults in the payment when due of any <br />installment of principal or interest or any premium or penalty <br />due hereunder, or if an Event of Default shall occur as set <br />forth in the Mortgage, the Disbursing Agreement or the Loan <br />Agreement, then the Holder shall have the right and option to <br />declare the Principal Balance, and accrued interest thereon, <br />together with the premium specified in paragraph 8 hereof, <br />immediately due and payable but solely from the sources <br />specified in paragraph 11 hereof. Failure to exercise such <br />option at any time shall not constitute a waiver of the right <br />to exercise the same at any subsequent time. <br /> <br />13. The remedies of the Holder, as provided herein <br />and in the Mortgage, the Assignment of Rents and Leases, the <br />Loan Agreement and the Disbursing Agreement, are not exclusive <br />and shall be cumulative and concurrent and may be pursued <br />singly, successively or together, at the sole discretion of the <br />Holder, and may be exercised as often as occasion therefor <br />shal1 occur; and the failure to exercise any such right or <br />remedy shall in no event be construed as a waiver or release <br />thereof. <br /> <br />14 <br />
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