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06-20-11 Council Agenda
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06-20-11 Council Agenda
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is secured by a Combination Mortgage, Security Agreement and Fixture Financing <br />Statement, and an Assignment of Rents and Leases and personal Guaranties, and other <br />security devices of even date herewith (the "Security Devices "). <br />In the event the principal of or interest on this Note, or any other debt obligation <br />of the undersigned, is not paid when due, at maturity or upon acceleration, and is placed <br />in the hands of an attorney for collection, the maker hereof, its successors and assigns, <br />will repay on demand all costs and expenses of collection so incurred, including <br />reasonable attorneys' fees, whether or not suit or legal proceeding is actually continence(' <br />for the collection therefor. <br />The holder of this Note may at its option without notice declare this Note <br />immediately due and payable for the entire unpaid principal balance plus accrued interest <br />thereon upon or at any time after the occurrence of any of the following events: <br />a. Any default in the payment of this Note or any other note or obligation <br />owing from the maker hereof to the holcler hereof; <br />b. Any default under the terms or conditions of the Loan Agreement, the <br />Mortgage or other Security Devices, obligations, undertakings or agree- <br />ments made concurrently herewith or heretofore or hereafter given to, or <br />required and held by, the holder hereof to which the maker or guarantor is <br />a party; <br />c. The filing on behalf of or against the maker or any guarantor hereof of a <br />petition in bankruptcy; <br />d. If there is such change in the condition or affairs, financial or otherwise, of <br />the maker or guarantor hereof as, in the sole opinion of the holder hereof, <br />increases the risk that this Note will not be paid according to its terms or if <br />the holder hereof for any other reason deems itself insecure; <br />The death of any guarantor and maker failing to present a suitable <br />replacement guarantor to Holder within thirty (30) days of such <br />guarantor's death.. <br />Each maker and guarantor hereof jointly and severally agrees to pay this Note and <br />guarantees the payment hereof and waives demand, presentment, protest and notice of <br />dishonor, and consents to any extensions and renewals hereof with or without consider- <br />ation of any of them and exonerates the holder hereof from all duty and obligation to <br />make demand on anyone for payment of any collateral now or hereafter securing this <br />Note or to give notice to anyone of non - payment thereof or to collect or sell the same and <br />consents to the extension, renewal, exchange, surrender or release by the holder hereof <br />with or without consideration of any such collateral, and agrees that when or at any time <br />after this Note becomes due the holder hereof may without notice offset or charge this <br />Note against any hank account or other account then maintained by any of them with the <br />3 <br />
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