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5.2.A. SR 09-10-2007
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5.2.A. SR 09-10-2007
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1/21/2008 8:37:06 AM
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9/7/2007 2:23:27 PM
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PROMISSORY NOTE <br />$325,000.00 Elk River, Minnesota <br />Date: , <br />Maker: The City of Elk River a municipal corporation <br />FOR VALUE RECEIVED, the Maker promises to pay to Walter O. Malrnstrom, Sheila M. Gahr and <br />Sharon J. Bastian (the "Lender"), at its office in ,Minnesota, or at such other place as any present or <br />future holder of this Note may designate from time to time, the principal amount of $330,000, or so much thereof as <br />is advanced and remains outstanding as shown in the records of the holder of this Note, plus interest thereon from <br />the date on which the same is advanced until this Note is fully paid, computed on the basis of the actual number of <br />days elapsed and a 360-day year. <br />Interest: The interest rate under this Note is: <br />A fixed rate of 5% per annum. <br />Payments: The Maker shall make the following payments of principal and interest under this Note. <br />Four (4) payments each due and payable as follows: <br />Payment 1. October 1, 2008 $97,614.00 <br />Payment 2. October 1, 2009 $93,546.75 <br />Payment 3. October 1, 2010 $89,479.50 <br />Payment 4. October 1, 2011 $85,412.25 <br />Additional Interest <br />Notwithstanding the foregoing, after the occurrence of an Event of Default and until such Event of Default <br />is cured, the interest rate under this Note shall automatically increase to an interest rate that is 5% per <br />annum in excess of the interest rate otherwise in effect. <br />Other Provisions <br />At the option of the holder of this Note, any payment under this Note may be applied first to the payment of <br />charges, fees and expenses (other than principal and interest) under this Note, second to the payment of interest <br />accrued through the date of payment, and third to the payments of principal under this Note in inverse order of <br />maturity. Also, at the option of the holder of this Note, if there is any overpayment of interest under this Note, the <br />holder of this Note may hold the excess and apply it to future interest accruing under this Note. <br />The occurrence of any of the following events shall constitute an Event of Default under this Note: <br />(i) any breach or default in the payment or performance of this Note; or <br />(ii) any commencement of any proceeding under any bankruptcy, insolvency, receivership, <br />dissolution, liquidation or similar law by or against any such Maker, endorser, guarantor, surety or <br />other person or entity; or <br />(iii) any such Maker, endorser, guarantor, surety or other person or entity takes any action to revoke or <br />terminate any agreement, liability or security in favor of the holder of this Note; or <br />Page 17 <br />
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