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<br />.' ',0'" <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 pr.omises 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 />~bh. . <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, with.out prepayment penalty <br />or premium, on any installment due date upon thirty (30) days' prior written <br />not ice to the holder of this Note. The Note shall be prepaid concurrently <br />with and to 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 to pay installments in the amounts and <br />at the times required in this Note 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 n.ot be used to make <br />one or more of the Loans contemplated by the Project Agreement. Without <br />limitation of the foregoing, such result shall be reasonably certain if (a) <br />Bank declines to approve any Loan 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 L.oan contemplated thereby. <br /> <br />This N.ote is issued pursuant t.o the Marks Historical Rehabilitation Act <br />of 1976, as amended, being Part 10 (commencing with Section 37600) of Division <br />24 of the Health and Safety C.ode of the State of California, and to Resolution <br />No. 81-140 of the Agency, entitled "A Resolution Authorizing the Issuance of <br />$1,000,000 Principal Amount of Community Redevelopment Agency of the City of <br />Santa Ana Secured Promissory Note (Phillips Block)" (the "Resolution") adopted <br />DecelTber 15, 1981, for the purpose of providing funds pursuant to the Project <br />Agreements described in the Resolution for the making of Loans to certain <br />Participants described in the Project Agreements to finance the rehabilitation <br />of historical properties located within the City of Santa Ana. This Note is <br />secured as contemplated by the Resolution to which reference is hereby made <br />for a description of such security, and of the nature, extent and manner of <br />enforcement of such security, and a statement of the rights of the holder of <br />this Note, to all of the provisions of which the registered owner of this <br />N.ote, by acceptance hereof, consents and agrees. <br />