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11-25-1981 Council Agenda
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11-25-1981 Council Agenda
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RLH 10/19/81 <br />paid (the "Final Maturity Date "). Payments shall be applied <br />first to interest due on the Principal Balance and thereafter <br />to reduction of the Principal Balance. <br />(c) If the interest on this Note should become <br />subject to federal income taxation pursuant to a "Determination <br />of Taxability" as that term is defined in Section 4.07 of the <br />Loan Agreement hereinafter referred to, and the Lender delivers <br />to the Borrower a copy of the notice of the "Determination of <br />Taxability ", the interest rate shall be immediately increased <br />to twenty percent (20 %) per annum and each monthly installment <br />thereafter payable shall be accordingly adjusted and shall be <br />equal to the amount necessary to amortize the remaining <br />Principal Balance by the Final Maturity Date with interest at <br />said increased rate; and in addition the Lender shall be <br />entitled to receive upon demand an amount equal to the <br />aggregate difference between (i) the monthly payments <br />theretofore made to the Lender on this Note between the "Date <br />of Taxability ", as that term is defined in the Loan Agreement, <br />and the date of receipt by the Borrower of notice of such' <br />"Determination of Taxability ", and (ii) the monthly payments <br />which would have been made during such period if the increased <br />rate had been in effect throughout such period; all as provided <br />in Section 4.07 of the Loan Agreement. <br />2. In any event, the payments hereunder shall be <br />sufficient to pay all principal and interest due, as such <br />principal and interest becomes due, at maturity, upon <br />redemption, or otherwise. Interest shall be computed on the <br />basis of a 360 day year, but charged for the actual number of <br />days principal is unpaid. <br />3. If the Lender should not receive on the first day <br />of any month all of the principal and interest then due on the <br />Note, and if the City should continue to be in arrears through <br />the fifteenth day of such month, then, in addition to all other <br />sums due hereunder, the Lender shall be entitled to receive on <br />the sixteenth day of such month a service charge equal to four <br />percent (4.00 %) of the delinquent principal and interest. <br />4. Principal and interest and premium due hereunder <br />shall be payable at,the principal office of the Lender, or at <br />such other place as the Lender may designate in writing. <br />5. This Note is issued by the City to provide funds <br />for a Project, as defined in Section 474.02, Subdivision 1, <br />Minnesota Statutes, consisting of the acquisition of real <br />estate, and the construction of a maintenance shop and office <br />
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