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02-28-2013 Council Agenda
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02-28-2013 Council Agenda
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If the Borrower elects to make a prepayment of principal pursuant to Section 6.a. <br />and 6,c, below, the Borrower shall have the right to have the monthly installments of <br />principal and interest adjusted on an applicable anniversary date (March 20) by giving the <br />Lender thirty (30) business days written notice prior to the applicable anniversary date. If <br />the Borrower makes the above election, the monthly installments of principal and interest <br />due until the First Adjustment Date, the Second Adjustment Date or the final Maturity <br />Date, whichever is applicable, shall be recalculated using the then current Note Rate and <br />amortizing the outstanding principal balance (after the prepayment) over the remaining <br />term of the Original Amortization Period e.g. if the principal balance of the Note is <br />$1,000,000.00, the Note Rate is 3.85 %, and the remaining term of the Original <br />Amortization Period is 15 years, the monthly installments of principal and interest due <br />until the next Adjustment Date or final Maturity Date whichever is applicable, would be <br />$7,355.59. <br />4. The Original Note is hereby amended by adding at the end of Section 6.b. the <br />following: <br />and of 3% of the then outstanding Principal Balance if the prepayment <br />occurs after March 20, 2013. <br />5. The current outstanding principal amount on the Original Note is $1,548,929.88, <br />as of the date of this Amendment. <br />6. The City has designated the Original Note as hereby amended as a "qualified tax <br />exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as <br />amended. <br />7. All references to the Mortgage in this Note shall refer to the Mortgage as <br />amended by the First Amendment to Mortgage, Security Agreement, Fixture Financing <br />Statement and Assignment of Leases and Rents dated as of March 20, 2013 ( "First Amendment <br />of Mortgage ") and all references to the Loan Agreement shall mean the Loan Agreement as <br />amended by the First Amendment of Loan Agreement dated as of March 20, 2013. All other <br />terms and provisions of the Original Note remain in full force and effect. <br />5216651v2 <br />[Signatures appear on following pages.] <br />3 <br />10 <br />
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