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79-012 RES
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79-012 RES
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4/2/2015 3:06:45 PM
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City Government
type
RES
date
6/18/1979
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v ' <br /> thereof , whether or not the principal balance or any part <br /> thereof is overdue, for the purpose of receiving payment <br /> of or on account of the principal balance , redemption <br /> price or interest and for all other purposes. <br /> 5. 06. Delivery and Use of Proceeds. Prior to <br /> delivery of the Note, the documents referred to below <br /> shall be completed and executed in form and substance as <br /> approved by the City Attorney. The City shall execute and <br /> deliver to the Lender the Note in the total principal <br /> amount of $320, 000, together with the following : <br /> (a) a copy, duly certified by the Clerk , of this <br /> Resolution; <br /> (b) original , executed counterparts of the <br /> Construction Loan Agreement, the Agreement, the Loan <br /> Agreement Assignment, the Mortgage , the Assignment of <br /> Rents and Leases, and the Guaranty; <br /> (c) Organizational Documents; and <br /> (d) such closing certificates as are required by . <br /> bond counsel . <br /> Upon delivery of the Note and the above items to <br /> 410 the Lender, the Lender shall, on behalf of the City, <br /> disburse the proceeds of the Note to Plaisted in <br /> reimbursement of Project Costs pursuant to the provisions <br /> of the Construction Loan Agreement. The Lender or <br /> Plaisted shall provide the City with a full accounting of <br /> all funds disbursed for Project Costs. <br /> Section 6. Limitations of the City' s <br /> Obligations . Notwithstanding anything contained in the <br /> Note, the Construction Loan Agreement, the Agreement, the <br /> Loan Agreement Assignment, or any other documents referred <br /> to in Section 3. 03, the Note shall not constitute a debt <br /> of the City within the meaning of any constitutional or <br /> statutory limitation and shall not be payable from or <br /> charged upon any funds other than the revenue pledged to <br /> the payment thereof, and the City shall not be subject to <br /> any liability thereon. No holder of such Note shall ever <br /> have the right to compel any exercise of the taxing power <br /> of the City to pay the Note or the interest thereon or to <br /> enforce payment thereof against any property of the City, <br /> and the Note shall not constitute a charge , lien or <br /> encumbrance, legal or equitable, upon any property of the <br /> City. The agreement of the City to perform the covenants <br /> 411 <br /> -15- <br />
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