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4.8. SR 12-21-1995
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4.8. SR 12-21-1995
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12/21/1995
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• <br />EXTENSION AGREEA ENT <br />This Extension Agreement, dated as of December 1, 1995, among the CITY OF <br />ELK RIVER, a Minnesota municipal corporation (the "City "), JOHN PLAISTED (the <br />"Borrower ") , as successor to Jay Morrell & John Plaisted Partnership, a Minnesota <br />general partnership (the "Partnership "), and HIGHLAND BANK (formerly Security <br />State Bank of St. Michael), a Minnesota banking assockftion (the "Bank "), <br />WITNESSETH : <br />WHEREAS, pursuant to a Loan and Purchase Agreement dated as of December <br />1, 1985, among the City, the Partnership and the Bank ( the "Loan Agreement ") , the <br />City has issued its $400,000 City of Elk River Industrial Development Revenue Bond <br />(Jay Morrell & John Plaisted Partnership Project) (the "Bond ") to the Bank and <br />loaned the proceeds of the Bond to the Partnership; and <br />WHEREAS, the Loan Agreement obligates the Partnership to make Loan <br />Repayments in amounts and at times sufficient to pay principal of and interest on the <br />Bond; and <br />WHEREAS, John Plaisted and the Bank have represented to the City that the <br />Partnership has been dissolved, the Bank has released Jay Morrell from all <br />obligations under the Loan Agreement and the Bond, and the Borrower is the <br />successor in interest to the Partnership and has assumed the obligations of the <br />Partnership under the Loan Agreement and the Bond; and <br />WHEREAS, the Bond bears interest at a variable rate that is adjusted <br />quarterly, on January 1, April 1, July 1 and October 1 of each year, to equal the <br />rate which is one percent per annum above the bond equivalent yield on United <br />States Treasury bills having maturities of 180 days, as established on the date of <br />each such interest rate adjustment, but which rate shall never be less than 7.00 <br />percent per annum nor greater than 13.00 percent per € unnum; and <br />WHEREAS, the Bond is payable in monthly installments of principal and <br />interest (the amount of which is adjusted on each interest rate adjustment date), <br />based on a twenty -year amortization schedule, which payments commenced on <br />February 1, 1986; and <br />WHEREAS, the Bond provides for a final payment on January 1, 1996 of all <br />principal of and interest due on the Bond (the "Balloon Payment ") ; and <br />WHEREAS, the Borrower and the Bank desire to eliminate the Balloon Payment <br />and extend the final maturity of the Bond until January 1., 2006, as provided herein, <br />and have requested the City to consent to said extension; <br />NOW, THEREFORE, the parties hereto covenant and agree as follows: <br />1. The Balloon Payment to have become due on January 1, 1996 is hereby <br />eliminated, and the twenty -year principal amortization provided for in the Bond is <br />hereby extended to and until a final maturity date of January 1, 2006, such date <br />being twenty years after the commencement of amortization on the Bond, with the <br />• effect of such modification to the original Bond terms being to extend the <br />requirement that monthly payments of principal and interast be made on the first day <br />BM97836 <br />min -3 1 <br />
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