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04-14-2021 Council Packet
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04-14-2021 Council Packet
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13135953v2 <br /> <br /> <br />5 <br /> <br />contrary meaning. In addition, the following words and phrases shall have the <br />following meanings: <br />2. Amount and Maturity of Series 2021D Bonds; Loan Repayments. The parties <br />represent and agree as follows: <br />i. The Series 2021D Bonds shall be in the aggregate principal amount of <br />$7,550,000. The final stated maturity thereof is June 1, 2046. <br />ii. Loan Repayments are required to be made monthly by the Mortgagor in <br />order to pay principal, premium (if any) and interest of the Series 2021D <br />Bonds when and as the same shall become due, or when required to be <br />redeemed, as more fully provided in the Loan Agreement and Indenture. <br />3. Additional Payments. Under the Loan Agreement, the Mortgagor will be <br />obligated, in addition to the Loan Repayments described above, to pay all <br />required rebate payments due to the United States in respect of the Bonds under <br />Section 148(f) of the Internal Revenue Code, the reasonable fees and expenses of <br />the Trustee and any paying agent of the Bonds, fees and expenses of the Issuer, <br />and any advances by the Issuer or the Trustee to meet obligations of the <br />Mortgagor for (among other things) taxes, special assessments, utility charges, <br />insurance premiums, and liens in connection with the Mortgaged Property and <br />also to provide indemnity to the Issuer and the Trustee, all as more fully provided <br />in the Loan Agreement, which obligations are additional indebtedness intended to <br />be secured by this Mortgage. <br />4. Reserved. <br />5. Warranty of Title; Permitted Encumbrances; Maintenance of Lien; Recording; <br />Further Assurances; After-Acquired Property: <br />(a) The Mortgagor does hereby covenant, represent and warrant that it is the <br />lawful owner of and has good right and lawful authority to grant, bargain, <br />sell, convey, warrant, mortgage, assign and pledge the Mortgaged <br />Property and Revenues and Income thereof as provided herein; that the <br />Mortgagor is and will continue to be well and truly seized of good and <br />marketable title to the Mortgaged Property; that the Mortgaged Property <br />and Revenues and Income thereof are free and clear of all mortgages, <br />liens, pledges, charges and encumbrances, excepting only Permitted <br />Encumbrances; and that the Mortgagor does warrant and will defend the <br />title to the Mortgaged Property and Revenues and Income thereof against <br />all claims and demands whatsoever not specifically excepted herein. <br />“Permitted Encumbrances” shall mean Permitted Encumbrances as <br />defined in the Loan Agreement and Indenture, including those <br />encumbrances identified in Exhibit B hereto. <br />(b) The Mortgagor will, at its expense, take all necessary action to maintain <br />and preserve the lien and security interest of this Mortgage so long as any
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