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<br />; <br /> <br />. <br />. <br /> <br />. <br />. <br /> <br />. <br /> <br />. <br /> <br />, ; <br /> <br />excess of the rate otherwise in effect on this Note. In addition 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 for the payment of public and private <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 principal. 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 Note. The Note shall be prepaid concurrently <br />with and t.o 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 t.o 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 portion of the <br />principal amount of the indebtedness evidenced hereby will not be used to make <br />one or more of the Loans contemplated by the Project Agreement. Without <br />limitation of the foreg.oing, such result shall be reasonably certain if (a) <br />Bank declines to approve any L.oan 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 />"'[his Note is issued pursuant to the Marks Historical Rehabil itation Act <br />of 1976, as amended, being Part 10 (commencing with Section 37600) of Division <br />24 of the Health and Safety Code of the State of California, and to Resolution <br />No. - of the Agency, entitled "A Resolution Authorizing the Issuance of <br />$ Principal Amount of Community Redevelopment Agency of the City <br />of Santa Ana Secured Promi ssory Note ( )" <br />(the "Resolution") adopted December IS, 19B1, for the purpose of providing <br />funds pursuant to the Project Agreement(s) described in the Resolution for the <br />making of Loan(s) to certain Participant(s) described in the Project <br />Agreement(s) to finance the rehabilitation of historical properties located <br />within the City of Santa Ana. This Note is secured as contemplated by the <br />Resolution to which reference is hereby made for a description of such <br />security, and of the nature, extent and manner of enforcement .of such <br />security, and a statement of the rights of the holder of this N.ote, to all of <br />the provisions of which the registered owner of this Note, by acceptance <br />here.of, c.onsents and agrees. <br /> <br />22 <br />