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6B(1)
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08-06-10 Packet
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6B(1)
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8/3/2010 3:25:02 PM
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PROMISSORY NOTE <br />FOR VALUE RECEIVED, the undersigned South Bend Redevelopment <br />Commission (the "Borrower"), the governing body of the City of South Bend Department <br />of Redevelopment under the provisions of Ind. Code § 36-7-14, hereby promises to pay to <br />the order of the City of South Bend through the Board of Public Works (the "City''), in <br />immediately available funds, the principal sum of $500,000, with interest at the rate of <br />0%, during the term of the Brownfields Cleanup Revolving Loan Fund Agreement (the <br />"Loan Agreement") dated as of August 9, 2010. All of the terms and conditions of the <br />Loan Agreement are by reference thereto, incorporated herein as part of this Note. The <br />term of the loan shall be for a period often years between the City and the Borrower <br />commencing on August 9, 2010 and to be paid in full no later than August 9, 2020, <br />according to the schedule of payments attached hereto and incorporated herein as Exhibit <br />A. <br />This Note is issued pursuant to and secured by the Loan Agreement, and is <br />entitled to the benefits, and is subject to the conditions thereof. The obligations of the <br />Borrower to make the payments required hereunder shall be absolute and unconditional <br />without any defense or right of set-off, counterclaim or recoupment by reason of any <br />default by the City under the Loan Agreement or under any other agreement between the <br />Borrower and the City or out of any indebtedness or liability at any time owing to the <br />Borrower by the City or for any other reason. Reference is hereby made to the Loan <br />Agreement for a description of the property thereby secured, the nature and extent of the <br />security for this Note and the right of the holder thereof, the Borrower and the City in <br />respect thereof, and the provisions for amending the Loan Agreement, to all of which the <br />holder hereof, by its acceptance hereof, assents. <br />The principal of this Note is subject to prepayment prior to maturity in the manner <br />stated in the Loan Agreement. <br />No recourse shall be had for the payment of the principal or prepayment price of, <br />or interest on this Note, or for any claim based hereon or on the Loan Agreement, against <br />any officer, director or member past, present or future, of the Borrower as such, either <br />directly or through the Borrower, under any constitutional provision, statute or rule of <br />law, or by the enforcement of any assessment or by any legal or equitable proceeding or <br />otherwise. <br />The Borrower hereby unconditionally waives diligence, presentment, protest, <br />notice of dishonor and notice of default of the payment of any amount at any time payable <br />to the City under or in connection with this Note. All amounts payable hereunder are <br />payable with reasonable attorneys fees and costs of collection and without relief from <br />valuation and appraisal laws. <br />In any case where the date of payment hereunder shall be a Saturday, Sunday or <br />legal holiday or a day on which banking institutions are authorized by law to close, then <br />
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