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$426,500 <br />PROMISSORY NOTE <br />given by <br />SIENNA GREEN I LIMITED PARTNERSHIP, <br />a Minnesota limited partnership <br />to <br />THE CITY OF ROSEVILLE <br />a Minnesota municipal corporation <br />Dated: December , 2009 <br />Attachment C <br />At: Minneapolis, Minnesota <br />FOR VALUE RECEIVED, the undersigned, SIENNA GREEN I LIMITED <br />PARTNERSHIP, a Minnesota limited partnership (the `Borrower"), hereby promises to pay <br />to the order of THE CITY OF ROSEVILLE, a Minnesota municipal corporation <br />("Holder") or at such other place as the Holder may, from time to time, designate in writing, <br />the principal sum of Four Hundred Twenty-Six Thousand, Five Hundred and No/100 Dollars <br />($426,500.00) incurring simple interest at the annual rate of percent (_%) (the "Loan"). <br />The entire principal balance of and accrued interest on this Note are due and payable on <br />December 31, 2039. <br />This Note is secured by, among other things, a Mortgage dated the date hereof from <br />Borrower, as Borrower, to the Holder, as Holder (the "Mortgage"), on property owned by <br />Borrower (the "Project"). This Note is issued pursuant to that certain LCDA Grant <br />Agreement and that certain TBRA Grant Agreement, both between the Metropolitan Council <br />and Holder and defined in the Mortgage. All of the agreements, conditions, covenants, <br />provisions and stipulations contained in the Mortgage are hereby made a part of this Note to <br />the same extent and with the same force and effect as if they were fully set forth herein. Time <br />is of the essence hereo£ In the event of any default in the payment of any principal of other <br />indebtedness due hereunder, the Holder may, at its right and option, declare immediately due <br />and payable the principal balance of this Note, together with any attorneys fees incurred by <br />the Holder in collecting or enforcing payment thereof, whether suit be brought or not, and all <br />other sums due hereunder and payment thereof may be enforced and recovered in whole or in <br />part at any time by one or more of the remedies provided in any document securing this <br />Note, including any Mortgage. The Holder may extend the time of payment of principal of <br />this Note without notice to or consent of any party liable hereon and without releasing such <br />Party. <br />The Borrower and any guarantor, surety or endorser hereby waives demand, <br />presentment, notice of nonpayment, protest, notice of protest, notice of dishonor and <br />diligence in collection and agree that without any notice the Holder hereof may take and/or <br />release additional security herefor or the Holder hereof may, from time to time, release any <br />part or parts of security interests from Borrower in favor of Holder with or without <br />fb.us.4624958.03 <br />