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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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Last modified
3/18/2020 2:57:42 PM
Creation date
3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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EXHIBIT A <br /> FORM OF NOTE <br /> This Note has not been registered under the Securities Act of 1933. Its transferability is <br /> restricted by the Trust Indenture and the Loan Agreement referred to herein. <br /> $4,100,000 [April , 2020] <br /> MAH Cedar Glen, LP, a limited partnership duly organized and validly existing <br /> under the laws of the State of Indiana (the "Borrower"), for value received, promises to pay in <br /> installments to The Huntington National Bank, as Trustee (the "Trustee") under the Indenture <br /> hereinafter referred to, the principal sum of <br /> Four Million One Hundred Thousand Dollars ($4,100,000) <br /> and to pay interest on the unpaid balance of such principal sum from and after the date hereof at <br /> the rate of [ Vol per annum through and including the initial Mandatory Tender Date (as <br /> defined in the Indenture described below), and thereafter at the applicable Remarketing Rate (as <br /> defined in the Indenture) until the payment of such principal sum has been made or provided for. <br /> The principal sum stated above shall be paid on or before the fifth Business Day (as defined in <br /> the Indenture defined herein) immediately preceding November 1, 2022. Interest shall be <br /> calculated on the basis of a 360-day year of 12 equal months. Interest on this Note shall be paid <br /> in Federal Reserve funds on (a) the fifth Business Day next preceding May 1 and November 1, <br /> commencing November 1, 2020, (b) each Mandatory Tender Date, (c) the Maturity Date, and <br /> (d) the date of acceleration of the Bonds (the"Interest Payment Dates"). <br /> This Note has been executed and delivered by the Borrower to the Trustee pursuant <br /> to a certain Loan Agreement (the "Agreement") dated as of April 1, 2020, between the City of <br /> South Bend, Indiana (the "Issuer") and the Borrower. Terms used but not defined herein shall <br /> have the meanings ascribed to such terms in the Agreement and the Indenture, as defined below. <br /> Under the Agreement, the Issuer has loaned the Borrower the principal proceeds <br /> received from the sale of the Issuer's $4,100,000 Multifamily Housing Revenue Bonds, Series <br /> 2020A (Cedar Glen Apartments Project) dated as of April 1, 2020 (the "Bonds") to assist in the <br /> financing of the Project (as defined in the Agreement), and the Borrower has agreed to repay <br /> such loan by making payments ("Loan Payments") at the times and in the amounts set forth in <br /> this Note for application to the payment of Bond Service Charges on the Bonds as and when due. <br /> The Bonds have been issued, concurrently with the execution and delivery of this Note, pursuant <br /> to, and are secured by, the Trust Indenture (the "Indenture"), dated as of April 1, 2020, between <br /> the Issuer and the Trustee. <br /> To provide funds to pay the principal of and interest on the Bonds as and when due <br /> as specified herein, the Borrower hereby a ees to and shall make <br /> Loan Payments in Federal <br /> Reserve funds on the 5th Business Day immediately preceding each Interest Payment Date in an <br /> amount equal to the Bond Service Charges on the Bonds payable on the next succeeding Interest <br /> Payment Date. In addition, to provide funds to pay the Bond Service Charges on the Bonds as <br /> and when due at any other time, the Borrower hereby agrees to and shall make Loan Payments in <br /> A-1 <br />
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