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6.3.B. SR 06-16-2008
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6.3.B. SR 06-16-2008
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6/13/2008 10:43:20 AM
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3. Purpose; Cost. The proceeds of the Note shall provide funds to finance <br />construction of the Project. The total cost of the construction of the Project, including legal and <br />other professional charges, publication and printing costs, interest accruing on money borrowed <br />for the Project before the collection of future Municipal State-Aid Street funds appropriated <br />therefor, and all other costs necessarily incurred and to be incurred from the inception to the <br />completion of the Project, is estimated to be at least equal to the aggregate principal amount of <br />the Note. The City covenants that it shall do all things and perform all acts required of it to <br />assure that work on the Project proceeds with due diligence to completion and that any and all <br />permits and studies required under law for the Project are obtained. The average annual amount <br />of principal and interest due in all subsequent calendar years on the Note payable from the City's <br />account of the Municipal State-Aid Street Fund ($ )does not exceed ninety percent <br />of the amount of the last annual allotment preceding the issuance of the Note received by the <br />City from the Construction Account of the Municipal State-Aid Street Fund ($ ). <br />4. Redemption. The Note shall be subject to redemption and prepayment in whole <br />or in part at the option of the City or mandatorily as provided in the Project Loan Agreement. If <br />redemption is in part, installments of principal payable last under the Note shall be prepaid first, <br />unless the City and the holder of the Note agree to a different result. <br />5. Registration of Note. At the time of issuance and delivery of the Note, the officer <br />of the City performing the functions of the treasurer (the "Finance Director") shall register the <br />Note in the name of the payee in a note register which he and his successors in office shall <br />maintain for the purpose of registering the ownership of the Note. The Note shall be prepared <br />for execution with an appropriate text and spaces for notation of registration. The force and <br />effect of such registration shall be as stated in the form of Note hereinafter set forth. Payment of <br />principal installments and interest, whether upon redemption or otherwise, made with respect to <br />the Note, may be made to the registered holder thereof or to the holder's legal representative, <br />without presentation or surrender of the Note. <br />6. Form of Note. The Note, together with the Certificate of Registration attached <br />thereto, shall be in substantially the following form: <br />UNITED STATES OF AMERICA <br />STATE OF MINNESOTA <br />SHERBURNE COUNTY <br />CITY OF ELK RIVER <br />$2,431,500 GENERAL OBLIGATION STATE-AID LOAN NOTE OF 2008 <br />The City of Elk River, Sherburne County, Minnesota (the "City"), certifies that it is <br />indebted and for value received promises to pay to the Minnesota Public Facilities Authority or <br />the registered assign, the principal sum of TWO MII.LION FOUR HUNDRED THIRTY ONE <br />THOUSAND FNE HUNDRED DOLLARS, or so much thereof as shall have been disbursed, <br />on August 20 in the years and installments as follows: <br />2170696v1 <br />
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