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Agenda Packets - 2018/12/10
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Agenda Packets - 2018/12/10
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Last modified
1/28/2025 4:51:39 PM
Creation date
4/2/2019 10:26:17 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/10/2018
Supplemental fields
City Council Document Type
City Council Packets
Date
12/10/2018
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537807v2 DTA MU205-47 <br />PROMISSORY NOTE <br />$500,000.00 __________, 2018 <br />FOR VALUE RECEIVED, the undersigned, BOULEVARD APARTMENTS, LIMITED <br />PARTNERSHIP, a Minnesota limited partnership (“Borrower”), hereby promises to pay to the <br />order of the CITY OF MOUNDS VIEW, a Minnesota municipal corporation, its successors, or <br />assigns (“Lender”), at 2401 Mounds View Boulevard, Mounds View, Minnesota 55112, or at such <br />other place as the Lender from time to time may designate in writing, the principal sum of Five <br />Hundred Thousand and no/100 Dollars ($500,000.00) with interest at the rate of zero percent 0% <br />per annum. Said sum was made available to Borrower to enable Borrower to acquire and construct a <br />60-unit affordable rental housing project located at 7980 Groveland Road, Mounds View, <br />Minnesota 55112. <br />The principal balance shall be due and payable in full on December 31, 2060. <br />This Note is secured by a Mortgage of even date herewith (the “Mortgage”) and such <br />Mortgage describes the rights of the Lender as to the acceleration of the indebtedness evidenced by <br />this Note. <br />The Borrower shall have the right of prepayment either in full or in partial payments, which <br />right shall be without penalty. <br />Upon the occurrence of an Event of Default (as defined in the Mortgage or the Loan <br />Agreement), then the full amount of the balance of principal and interest unpaid upon this Note <br />shall at once become due and payable at the option of the Lender without demand or notice, said <br />demand or notice being expressly waived, and failure to exercise said option at any time shall not <br />constitute a waiver of the right to exercise the same at any subsequent time. <br />Neither the Borrower nor any of its partners shall have any personal liability for the payment <br />of any sums due under this Note or the performance of any obligations of the Borrower hereunder. <br />In any action to realize upon any security furnished under any instrument now or hereafter securing <br />the indebtedness evidenced by this Note or to collect any amounts payable hereunder, neither the <br />Borrower nor any partner of the Borrower or any partner, officer, director, shareholder, employee or <br />agent of any partner of the Borrower shall have any personal liability for the repayment of this Note <br />and no judgment for the repayment of this Note or interest thereon or any other sums due under this <br />Note or for damages for failure to perform any obligations owed to the Borrower hereunder will be <br />enforced against the Borrower personally or against any property of the Borrower other than the <br />security furnished under the Mortgage or any other instrument securing this Note. <br />This Note shall be governed by and construed in accordance with the laws of the State of <br />Minnesota. <br />Wells Fargo Affordable Housing Community Development Corporation, the investor <br />limited partner of Borrower and its successors and assigns (the “Investor Limited Partner”), shall <br />have the right, but not the obligation, to cure any default or Event of Default under this Note or the <br />Mortgage, and Lender shall accept performance by the Investor Limited Partner of any obligation of <br />Borrower thereunder as though tendered by Borrower itself, provided such performance by the
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