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2025.07.07 CC Packet
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2025.07.07 CC Packet
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172982028v5 <br /> <br />Taft Draft June 27, 2025 <br /> <br /> <br />UNITED STATES OF AMERICA <br />STATE OF MINNESOTA <br />COUNTY OF WASHINGTON <br />CITY OF HUGO, MINNESOTA <br />Educational Facilities Revenue Note, Series 2025 <br />(Legacy Christian Academy Project) <br />Date of Note: September [__], 2025 $5,500,000.00 <br />FOR VALUE RECEIVED the City of Hugo, Minnesota, Washington County, Minnesota <br />(the “City”) hereby promises to pay to the order of Falcon National Bank, a national banking <br />association, its successors or registered assigns (the “Lender”), from the source and in the manner <br />hereinafter provided, the principal sum of FIVE MILLION FIVE HUNDRED THOUSAND <br />DOLLARS ($5,500,000.00), or so much thereof as has been advanced and remains unpaid from <br />time to time (the “Principal Balance”), with interest thereon from the date hereof until paid or <br />otherwise discharged as set forth in Paragraph 1 below, in any coin or currency which at the time <br />or times of payment is legal tender for the payment of public or private debts in the United States <br />of America, in accordance with the terms hereinafter set forth. <br />1. Interest Rate. <br />(a) During the period beginning on the date of this Note until September [__], 2030 the <br />(“Initial Rate Reset Date”), the initial fixed rate of interest payable hereunder shall be equal to 4.39 <br />percent per annum (the “Initial Rate”). On the Initial Rate Reset Date and on each five year <br />anniversary thereafter (each, a “Rate Reset Date”) through [_____] [___], 2045 (the “Final <br />Maturity Date”), the interest rate on this Note will be adjusted to a rate per annum equal to seventy <br />percent (70%) of the number which is the sum of the Index in effect on the Business Day <br />immediately preceding such Rate Reset Date plus 250 basis points (the “Adjusted Rate”). The <br />“Index” means an independent index which is the yield on the five year United States Treasury <br />Securities. “Business Day” means any day that the Lender is open for business and excludes all <br />Saturdays, Sundays and federally designated bank holidays. In no event will the Adjusted Rate be <br />less than 4.0% or greater than 6.5%. <br />(b) The interest rates referred to in this Note are not necessarily the lowest rates charged <br />by the Lender on its loans. If the Lender determines, in its sole discretion, that, as of a Rate Reset <br />Date, the Index has become unavailable or unreliable, either temporarily, indefinitely, or <br />permanently, the Lender may amend this Note by designating a substantially similar substitute <br />index. The Lender may also amend and add a positive or negative margin (percentage added to or <br />subtracted from the substitute index value) as part of the rate determination on a Rate Reset Date. <br />In making these amendments, the Lender may take into consideration any then-prevailing market <br />convention for selecting a substitute index and margin for the specific Index that is unavailable or <br />unreliable. Such an amendment to the terms of this Note will become effective and bind the <br />Borrower (defined below) on a Rate Reset Date, provided the Lender has given at least 10 Business <br />Days written notice to the Borrower without any action or consent of the Borrower. NOTICE: <br />Under no circumstances will the interest rate on this Note be more than the maximum rate allowed <br />by applicable law. On a Rate Reset Date, the Lender, at its option, may do one or more of the
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