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Authorizing the city Amend Documents Relating to its economic development refunding revenue bond series 1983
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Authorizing the city Amend Documents Relating to its economic development refunding revenue bond series 1983
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10/11/2012 10:53:42 AM
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10/11/2012 10:53:38 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/9/1992
Ord-Res Number
8312-92
Bill Number
85-92
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SENT BY: ICE MILLER ;10-26-92 : 5:36PM ; COPY CENTER- ` 2192842397;;;13 <br /> terms hereof or times for payment or of the terms of any of the Security Documents or the <br /> release or substitution of any security for the indebtedness evidenced hereby or any other <br /> indulgences shall not otherwise affect the liability of any of said parties for the indebtedness <br /> evidenced by this Bond. Any such renewals, extensions or modifications may be made without <br /> notice to any of said parties. <br /> 13. Subject to the provisions of paragraph 10 hereof, this Bond shall be the joint and <br /> several obligation of all makers, endorsers, guarantors, and sureties, and shall be binding upon <br /> them and their successors and assigns. Subject to the provisions of Section 10 hereof, all <br /> makers, endorsers, guarantors, and sureties hereof agree jointly and severally to pay all costs <br /> of collection and of suit and foreclosure, including reasonable attorneys' fees. <br /> 14. Any forbearance of Holder in exercising any right or remedy hereunder or under <br /> the Security Documents, or otherwise afforded by applicable law, shall not be a waiver of or <br /> preclude the exercise of any right or remedy. The acceptance by Holder of payment of any such <br /> amount payable hereunder after the due date of such payment shall not be a waiver of Holder's <br /> right either to require prompt payment when due of all other sums payable hereunder or to <br /> declare a default for failure to make prompt payment. <br /> 15. This Bond shall be governed by the laws of the State of Indiana, except to the <br /> extent that federal usury laws may be applicable. <br /> 16. All agreements between Issuer and Holder are expressly limited so that in no <br /> event whatsoever shall the amount paid or agreed to be paid to Holder for the use, forbearance <br /> or detention of the money to be advanced hereunder in accordance with the Security Documents <br /> exceed the highest lawful rate permissible under applicable law, it being the intent of Holder and <br /> Issuer in the execution hereof and of the Security Documents to contract in strict accordance <br /> with applicable usury laws. If any obligation under this Bond or under any Security Document <br /> shall involve transcending the usury limit prescribed by applicable law, then im lack the <br /> obligation to be fulfilled shall be reduced to such limit, and if from any circumstance Holder <br /> shall receive as interest an amount which would exceed the highest lawful rate allowable under <br /> applicable law, such amount which would be excessive interest shall be applied to the reduction <br /> of the unpaid principal balance due hereunder and not to the payment of interest, or if such <br /> excessive interest exceeds the unpaid principal balance, the excess shall be refunded to <br /> Borrower. This provision shall control every other provision of all agreements between Issuer, <br /> Borrower and Holder. <br /> 17. Pursuant to the terms of said Loan Agreement, Holder will endorse this Bond and <br /> its interest as Holder hereunder to the Bondholder under said Loan Agreement. Maker hereby <br /> consents to such assignment and authorizes any subsequent holder hereof to exercise the rights <br /> and remedies of the Holder hereunder upon such assignment. <br /> - 5 - <br />
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