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Last modified
7/17/2007 9:16:27 AM
Creation date
4/25/2005 12:12:24 PM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
7375
Resolution Title
Final Note Resolution; Commercial Development Revenue Note of 1982, Series A and Series B (Heco, Inc. Project)
Resolution Date Passed
7/12/1982
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<br />6. The Holder may extend the times of payments of <br />interest and/or principal of or any penalty or premium due on <br />this Note, including the date of the Final Maturity Date, to <br />the extent permitted by law without notice to or consent of any <br />party liable hereon and without releasing any such party. <br />However, in no event may the Final Maturity Date be extended <br />beyond thirty (30) years from the date hereof. <br /> <br />7. The Principal Balance may be prepaid in whole or <br />in part in increments of $100,000 on any. Rate Change Date, upon <br />at least thirty (30) days' advance written notice to the Holder <br />(or such lesser period of notice as the Holder may approve) and <br />upon payment of an amount equal to the principal amount being <br />so prepaid, plus accrued interest hereon to the date of <br />prepayment. This Note is also subject to mandatory prepayment <br />in whole or in part pursuant to Section 2.1 of the Construction <br />Loan Agreement in the amount of any sums remaining in the <br />Proceeds Account of the Construction Fund at the Completion <br />Date (as such terms are defined in the Construction Loan <br />Agreement) and in the event that there are any such sums, such <br />sums shall be applied first to the prepayment of the Series A <br />Note and second to the payment of the Series B Note. Upon the <br />occurrence of certain "Events of Default" under the Construc- <br />tion Loan Agreement and/or under the Mortgage, and as provided <br />in paragraph 11 hereof, the Holder may declare the Principal <br />Balance and accrued interest on this Note to be immediately due <br />and payable (any such action and any similar action pursuant to <br />paragraph l(c)(ii) hereof being hereinafter referred to as an <br />"acceleration" of this Note). <br /> <br />Upon the occurrence of certain events of damage, <br />destruction or condemnation, the Holder may, as provided in the <br />Mortgage, apply the net proceeds of any insurance or condem- <br />nation award to the prepayment, in whole or in part, without <br />premium, of the Principal Balance of the Series A Note and then <br />to the Principal Balance of the Series B Note. <br /> <br />This Note may be called for redemption and <br />prepayment, in whole, on the Call Date or at any time within <br />the six months' period following the Call Date, at the option <br />of the Holder, upon at least thirty (30) days' advance written <br />notice to the Borrower (or such lesser period of notice as the <br />Borrower may approve). <br /> <br />8. The payments due under paragraph 1 hereof shall <br />continue to be due and payable in full until the entire <br />Principal Balance and accrued interest due on this Note have <br />been paid regardless of any partial prepayment made hereunder. <br /> <br />13 <br />
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