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1 <br />SECURED PROMISSORY NOTE <br />$1,500,000.00 San Leandro,California <br /> ________, 2014 <br />FOR VALUE RECEIVED, Davis Street Family Resource Center, a California non- <br />profit organization(“Borrower”) promises to pay to the City of San Leandro, a charter city <br />formed under the laws of the State of California(“Lender”), in lawful money of the United <br />States of America, the principal sum of one million five hundred thousand Dollars <br />($1,500,000.00), or so much thereof as may be advanced by Lenderpursuant to the Loan <br />Agreement referred to below,together with interest on the outstanding principal balance in <br />accordance with the terms and conditions described herein. <br />This Secured Promissory Note (this “Note”) has been executed and delivered pursuant to <br />aLoan Agreement dated as of the date hereof by and between Borrowerand Lender(the "Loan <br />Agreement"), and is subject to the terms and conditions of the Loan Agreement, which are by <br />this reference incorporated herein and made a part hereof. Capitalized terms used but not <br />defined herein shall have the meaning ascribed to such terms in the Loan Agreement. <br />This Note is secured by a Deed of Trust, Assignment of Rents, Security Agreementand <br />Fixture Filing (“Deed of Trust”) dated as of the date hereof, executed by Borrowerfor the <br />benefit of Lenderand encumbering the property described therein. Lendershall be entitled to the <br />benefits of the security provided by the Deed of Trust and shall have the right to enforce the <br />covenants and agreements contained herein, and in the Deed of Trust. <br />1.INTEREST RATE; REPAYMENT. Interest shall accrue on the outstanding principal <br />balance of this Note at the rate of four and one-halfpercent (4.5%) simple interest per annum, <br />commencing upon the date of disbursement thereof. Interest shall be calculated on the basis of a <br />year of three hundred sixty five (365)days, and charged for the actual number of days elapsed. <br />2. PAYMENT DATES; MATURITY DATE. Commencing upon ___________, 2014(the <br />“First Payment Date”), and on the fifth(5th) day of each calendar month thereafter, Borrower <br />shall make monthly payments of combined principal and interest until the entire indebtedness <br />evidenced hereby is fully paid, except that all remaining indebtedness, if not sooner paid, shall be <br />due and payable upon the Maturity Date(defined below). The amount of the monthly payments <br />to be paid beginning on the First Payment Date will be an amount equal to the payment <br />necessary to fully amortize the principal amount of this Note, together with interest at the interest <br />rate specified in Section 1above over a 24-month period. The entire outstanding principal <br />balance of this Note, together with accrued interest and all other sums accrued hereunder shall be <br />payable in full on the second(2nd) anniversary of the date of this Note (the “Maturity Date”). <br />Payments shall be credited first to any unpaid late charges and other costs and fees then due, then <br />to accrued interest, and then to principal. In no event shall any amount due under this Note <br />become subject to any rights, offset, deduction or counterclaim on the part of Borrower.