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Agmt 2000 Davis Street Community Center
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Agmt 2000 Davis Street Community Center
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Last modified
7/20/2010 1:20:16 PM
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7/20/2010 1:20:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/18/2000
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PERM
Document Relationships
Inst 2000089919
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2000
Reso 2000-003
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
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EXHIBIT G <br />City of San Leandro <br />SECURED PROMISSORY NOTE <br />$214,941.00 <br />San Leandro, California <br />2000 <br />A. FOR VALUE RECEIVED, the undersigned Borrower, Davis Street Community <br />Center ("Maker"), promises to pay to the order of the CITY OF SAN LEANDRO ("Holder"), at <br />835 E. 14th Street, San Leandro, California, or at such other place as Holder may from time to <br />time designate by written notice to Maker, the principal sum of TWO HUNDRED FOURTEEN <br />THOUSAND NINE HUNDRED FORTY-ONE DOLLARS ($214,941.00), together with simple <br />interest at the rate of TWO PERCENT (2%) per annum, through the Term of the Loan <br />Agreement between Maker and Holder, hereinafter designated as the Loan. The entire principal <br />and accrued interest shall be deferred for the Term and shall be due and payable at the end of <br />the Term, unless forgiven by the City at the end of the Term pursuant to the terms of the Capital <br />Improvement Agreement . The Term of the Loan Agreement is that period commencing on the <br />date first written above and ending on the date which is thirty (30) years from the date first <br />written above. <br />B. Maker may prepay, without penalty or premium, any amount of the principal <br />and/or interest under this Note. Any amounts prepaid shall first be credited against accrued <br />interest and the balance shall be credited against principal. Maker has no further obligations <br />under the Capital Improvement Agreement upon full repayment of the principal and interest set <br />forth herein. <br />C. If default occurs in the payment of this note when due or in the performance of <br />any of the agreements in the Deed of Trust securing this Note and the default is not cured within <br />thirty (30) days, the entire principal sum and accrued interest will at once become due and <br />payable, without notice, at the option of Holder. Thereafter, interest shall accrue at the maximum <br />legal rate permitted to be charged by non-exempt lenders under the usury laws of the State of <br />California. Failure to exercise such option will not constitute a waiver of the right to exercise it in <br />the event of any subsequent default. Provided that should the default be non-monetary in nature <br />and cannot be cured in thirty (30) days using due diligence, Maker shall not be deemed in <br />default if Maker commences to cure as soon as reasonably possible and diligently prosecutes <br />such cure to completion. <br />D. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or <br />incurred by Holder, or adjudged by a Court: (1) reasonable costs of collection, costs, expenses, <br />and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, <br />whether or not suit is filed; and (2) costs of suit and such sum as the Court may adjudge as <br />attorneys' fees in an action to enforce payment of this Note or any part of it. <br />E. This Note is secured by a deed of trust of even date herewith ("Deed of Trust") <br />executed by Maker (as Trustor) to Holder (as Trustee) for the benefit of Holder (as Beneficiary), <br />and encumbering certain real property located in the City of San Leandro, County of Alameda,. <br />
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