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<br />"" <br /> <br />. <br />. <br /> <br />I <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />excess of the rate otherwise in effect on this Note. In additi.on to such <br />interest, the undersigned promises to pay upon demand a reasonable late fee or <br />collection charge not exceeding four percent (4%) of such unpaid amount. <br /> <br />All principal, interest, and other amounts payable under the terms of <br />this Note are payable in lawful money of the United States .of America which at <br />the time of payment is legal tender f.or the payment of pub 1 ic and pri vate <br />debts. <br /> <br />So long as this Note is not in default, each installment of principal <br />and interest when paid shall be applied by the holder hereof first to the <br />payment of interest accrued as above specified, and the balance thereof to the <br />payment of pri nc ipa 1. When any default hereunder has occurred and is <br />continuing, the holder hereof may apply payments in its election to principal <br />or interest. <br /> <br />This Note may be prepaid in full or in part, without prepayment penalty <br />or premium, on any installment due date upon thirty (30) days' prior written <br />notice to the holder of this N.ote. The Note shall be prepaid concurrently <br />with and to the extent of any prepayment on any Participant Note (as defined <br />in the Project Agreement referenced below). Each prepayment shall be applied <br />to principal but Agency shall continue to pay installments in the amounts and <br />at the times required in this N.ote until principal and interest on this Note <br />are paid in full. This Note shall also be prepaid if and to the extent that <br />any event shall occur which makes it reasoably certain that any porti.on of the <br />principal amount of the indebtedness evidenced hereby will not be used to~make <br />one or more of the Loan contemplated by the Project Agreement. Without <br />limitation of the foregoing, such result shall be reasonably certain if (a) <br />Bank declines to approve any Loan or approves any Loan in an amount less than <br />the maximum permitted by the corresponding Project Agreement or (b) any <br />Project Agreement or Commitment, as defined in a Project Agreement, terminates <br />or expires prior to the funding of the Loan contemplated thereby. <br /> <br />This Note is issued pursuant to the Marks Historical Rehabilitati.on Act <br />of 1976, as amended, being Part 10 (c.ommencing with Section 37600) of Division <br />24 of the Health and Safety Code of the State of California, and to Resolution <br />N.o. 81-143 of the Agency, ent it led "A Reso lut ion Author i zing the Issuance of <br />$750,000 Principal Amount of Conmunity Redevelopment A! enc'y .of the City of <br />Santa Ana Secured Pr.omissory Note (205 W. Civic Center)" lthe "Resolution") <br />adopted December 15, 1981, for the purpose of providing funds pursuant to the <br />Project Agreements described in the Resolution for the making of Loans to <br />certain Participants described in the Project Agreements to finance the <br />rehabilitation of historical properties l.ocated within the City of Santa Ana. <br />This Note is secured as contemplated by the Resolution to which reference is <br />hereby made for a description of such security, and of the nature, extent and <br />manner of enforcement of such security, and a statement of the rights of the <br />holder of this Note, to all of the provisions of which the registered owner of <br />this Note, by acceptance hereof, consents and agrees. <br />