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11-14-01 2. LOAN AGREEMENT
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Dunbar Sr. Hsg. - Finance Doc's - Mike Gaffron File Cabinet 1
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11-14-01 2. LOAN AGREEMENT
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Last modified
8/22/2023 4:55:35 PM
Creation date
10/4/2021 9:57:01 AM
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x Address Old
House Number
2040
Street Name
Wayzata
Street Type
Boulevard
Street Direction
West
Address
2040 Wayzata Boulevard West
Document Type
Land Use
PIN
3411823210036
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Section 4.05 Interest on Loan Repayments and Other Overdue Payments. In the event the <br /> Borrower shall fail to make Loan Repayments required by Section 4.02 or 4.03 hereof,the installment so in <br /> default shall continue as an obligation of the Borrower until the amount in default shall have been fully paid, <br /> and if such failure shall result in a failure to pay when due any principal of,premium,if any,or interest on <br /> any Series of the Bonds,the Borrower agrees to pay interest on such sum from such date at the rate or rates <br /> of interest specified in the applicable Series of Bonds. In the event the Borrower shall fail to make any <br /> payment required under Section 4.03 hereof or if advances are made pursuant to Section 7.05 hereof,the item <br /> so in default shall continue as an obligation of the Borrower until the amount shall have been fully paid and <br /> the Borrower agrees to pay interest on such payment in default at the rate or rates of interest specified in <br /> Section 7.05 hereof. <br /> Section 4.06 Options to Prepay Loan. <br /> (a) The Bonds are subject to redemption in whole or in part at the request of the <br /> Borrower as provided in Section 3.01(a) of the Indenture, and the Borrower is <br /> hereby granted the option to prepay the Loan in whole or in part for the purpose of <br /> so redeeming Bonds. <br /> (b) The Bonds will be subject to redemption in whole and not in part as provided in <br /> Section 3.01(b)of the Indenture,and the Borrower is hereby granted the option to <br /> prepay the Loan in whole for the purpose of so redeeming all outstanding Bonds, <br /> but only if: <br /> (i) the Project Facilities shall be damaged or destroyed or all or a portion of <br /> the Project Facilities are taken in condemnation proceedings and in the <br /> good faith reasonable judgment of the Borrower, the Project Facilities <br /> cannot be restored or replaced to substantially the same condition as existed <br /> before such damage,destruction or condemnation,and the Borrower shall <br /> determine not to rebuild, repair, restore or replace the Project Facilities <br /> pursuant to Sections 5.10 and 5.11 hereof; or <br /> (ii) as a result of any changes in the Constitution of the State or the <br /> Constitution of the United States of America or of legislative or <br /> administrative action (whether state or federal) or of a final decree, <br /> judgment or order of any court or administrative body (whether state or <br /> federal) this Agreement shall have become void or unenforceable or <br /> impossible of performance in any material respect in accordance with the <br /> intent and purposes of the parties as expressed herein. <br /> (c) The Borrower may also prepay the Loan by causing a defeasance of all outstanding <br /> Bonds in accordance with Article X of the Indenture. <br /> To exercise the options granted in paragraphs(a)or(b)of this Section,the Borrower shall, <br /> at least forty-five(45)days prior to the date upon which such prepayment is to be made,give written notice <br /> of such prepayment to the Trustee (subject to the right of the Trustee to agree to a shorter notice period). <br /> Such notice shall request the redemption on a specified redemption date pursuant to Article III of the <br /> Indenture of a specified principal amount of Bonds(if less than all outstanding Bonds are to be redeemed) <br /> and shall otherwise comply with the provisions hereof and of Article III of the Indenture. On or before the <br /> date specified for the redemption of the Bonds,the Borrower shall pay the Trustee for deposit in the Optional <br /> Redemption Fund an amount which, together with other funds held by the Trustee and available for the <br /> -26- <br />
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