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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 />herewith, from the Borrower to the Lender (the "Assignment of <br />Rents and Leases") and by a Guaranty, of even date herewith <br />(the "Guaranty"), by the Borrower, Hoffmann Electric Company <br />and NuComp Systems, Inc. in favor of the Lender. The proceeds <br />of this Note shall be placed in the Proceeds Account of the <br />Construction Fund established pursuant to the Resolution and <br />the Construction Loan Agreement (hereinafter referred to) and <br />disbursement of the proceeds of this Note from the Construction <br />Fund is subject to the terms and conditions of a Construction <br />Loan Agreement of even date herewith among the Lender, the City <br />and the Borrower (the "Construction Loan Agreement"). <br /> <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 hereo~ 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 Borrower may prepay the Principal Balance in <br />whole or in part in increments of $100,000 on any Payment Date <br />upon at least 30 days' advance written notice to the Holder (or <br />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, plus the prepayment premium calculated in <br />accordance with paragraph 8 hereof. This Note is also subject <br />to mandatory prepayment in whole or in part (after the <br />prepayment in whole of the Series A Note) pursuant to Section <br />2.1 of the Construction Loan Agreement in the amount of any <br />sums remaining in the Proceeds Account of the Construction Fund <br />at the Completion Date (as such terms are defined in the <br />Construction Loan Agreement), in which event a prepayment <br />premium shall also be payable in accordance with paragraph 8 <br />hereof, at the time of such prepayment may not be extended <br />pursuant to paragraph 6 hereof. Upon the occurrence of certain <br />"Events of Default" under the Construction Loan Agreement <br />and/or under the Mortgage, and as provided in paragraph 12 <br />hereof, the Holder may declare the Principal Balance and <br />accrued interest on this Note to be immediately due and payable <br />(any such action and any similar action pursuant to paragraph <br />l(c)(ii) hereof being hereinafter referred to as an <br />"acceleration" of this Note), in which event a prepayment <br />premium shall also be payable in accordance with paragraph 8 <br />hereof. <br /> <br />22 <br />
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