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Resolution - #79-47a - 06/11/1979
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Resolution - #79-47a - 06/11/1979
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Resolutions & Ordinances
Resolutions or Ordinances
Resolutions
Resolution or Ordinance Number
#79-47a
Document Date
06/11/1979
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Ail interest hereon shall be computed on the <br />basis of the actual number of days elapsed on the assump- <br />tions that each month contains thirty (30) days and each <br />year three hundred sixty (360) days, except that prior to <br />the first day of the month following the Completion Date, <br />the payment required hereunder shall be made on the basis <br />of actual days 9lapsed in a three hundred sixty (360) day <br />year. <br /> <br /> Notwithstanding the foregoing, in the event that <br />the interest on this Note becomes subject to taxation pur- <br />suant to a Determination of Taxability as defined in the <br />Combination Mortgage, Security Agreement and Fixture <br />Financing Statement of even date herewith (the Mortgage) <br />between Greenberg's, Inc. (the Borrower) and the Holder, <br />the interest rate on the Note shall automatically be <br />increased to eleven and one-half percent (11-1/2%) pe~ <br />annum from the Date of Taxability as defined, in the Mort- <br />gage, in which case the monthly installment payments here- <br />under from and after such Date of Taxability shall be com- <br />puted at such increased rate and the City shall pay to the <br />Holder of this Note and to any prior Holder affected <br />thereby the aggregate difference between (1) the amounts <br />actually paid between the Date of Taxability and the date <br />of such payment and (2) the amounts that would have been <br />paid during such period at such increased interest rate. <br /> <br /> The principal of this Note is not subject to pre- <br />payment prior to the expiration of the fifth loan year. <br />From and after the expiration of the fifth loan year, the <br />principal of this Note may be prepaid at any time, either <br />in whole or in part, on any monthly installment payment <br />date upon payment of a price equal to the principal being <br />so prepaid plus accrued interest to the date of prepayment <br />and subject to a premium expressed as a percentage of the <br />principal being so prepaid as follows: <br /> <br />Loan Year <br /> <br />Premium <br /> <br />6 through 10 <br />11 or thereafter <br /> <br />2% <br />1% <br /> <br /> The first loan year is defined as the <br />twelve-month (12) period commencing on the first day Of <br />the month following the Completion Date. Subsequent loan <br />years shall run consecutively, each commencing upon the <br />anniversary of the commencement of the first loan year. <br />Any prepayment shall be made on at least thirty (30) days' <br />advance written notice to the Holder of this Note and <br />shall not suspend or reduce required installment pay- <br /> <br />-2- <br /> <br /> <br />
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