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002349 <br />F 3. PERMANENT LOAN TERMS. <br />3.1. Interest Rate. During the permanent loan financing the borrower agrees that <br />interest shall be computed and charged on the unpaid and outstanding loan balance at the <br />CCEF Commercial Variable Interest Rate [Series 1985 -11, as adjusted from time to time. <br />3.2. Monthly Payments. Effective January 1, 1986 (the "permanent loan fiinandteg <br />date"), principal and interest shall be payable in consecutive monthly amounts based on <br />the then effective CCEF Commercial Variable Interest Rate [Series 1985 -11 which in <br />equal monthly payments would be sufficient to retire the then outstanding principal <br />balance over the remaining term of this note and the mortgage or deed of trust securing <br />the obligations evidenced herein. As so determined, the first monthly payment shall be <br />payable on the first day of the month following the permanent loan financing date. <br />At the time of the permanent loan financing date, and each "payment adjustment date" <br />thereafter as defined in subsection 4.6 below, the then effective monthly payment <br />amount and CCEF Commercial Variable Interest Rate [Series 1985 -11 may be endorsed on <br />the back of this note by holder. <br />3.3. Maturitv. Such monthly installments shall continue until either the amount is <br />changed pursuant to the terms of this note, including each of the terms and conditions of <br />the subsections of section 4 below, or until the entire indebtedness evidenced by this note <br />is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and <br />payable on or before December 31, 2000. <br />3.4. Negative Amortization. THE PARTIES FULLY CONTEMPLATE ANY <br />INTEREST WHICH IS ACCRUED AND UNPAID FOLLOWING A REGULAR PAYMENT <br />DATE SHALL BECOME AND BE A PART OF THE UNPAID PRINCIPAL HEREOF. <br />Thereafter, based on the principal balance, as so determined from time to time, the <br />amount of accrued and unpaid interest shall be calculated. <br />4. CCEF COMMERCIAL VARIABLE INTEREST RATE <br />4.1. Initial Interest Rate to Vary. Borrower agrees that an each Mav Ist and <br />November 1st ("interest a tment date ") the initial interest rate and any increased or <br />decreased rate established pursuant to the terms of this note ( "changed rate") may <br />increase or decrease as described herein. <br />4.2. CCEF Commercial Variable Interest Rate [Series 1985 -11. The CCEF CVIR <br />[Series 19 5-! , as Of the date Of this note, rs 14.0`if. It is determined by the Foundation's <br />Board of Directors, which in its business judgment considers, among other things, the <br />movement, in reference to the date of this loan or the last interest adjustment date, of <br />the contract interest rates of promissory notes and securities offered by the <br />Foundation. As so determined, the CCEF CVIR (Series 1985 -11 will be declared and <br />published by the Foundation's Board of Directors. <br />Prior to the making of this loan, the borrower's election to include this commercial <br />financing interest rate [Series 1985 -11, as <br />a component which affects the determination <br />of the changed rate, permits the Foundation to require a lesser amount for <br />the <br />compensating investments governed under this note in accordance with ion 2.2 <br />above. <br />4.3. Chan ed Rate. The changed rate on each Interest adjustment date is the CCEF <br />CVIR meries <br />1985-1 . <br />In the event the CCEF ('VTR is no longer published or is otherwise unavailable, the <br />changed rate may not exceed, <br />at any interest adjustment late, five percentage points in <br />excess of the highest "prime rate" of interest charged from time to time <br />over the <br />previous 12 month period by the First Interstate Bank of Denver, N.A., Denver, Colorado, <br />or its successor. The prime rate shall he defined ns the We <br />nt which the First Interstate <br />Bank of Denver, N.A., f►env(•r, rolorado, or its successor, will lend short term uns(wured <br />funds to corporate borrowers of the highest credit <br />standing. <br />At the time <br />of any interest adjustment (intro the ehanged rate may be endorsedi or, the <br />Iek of this not( by holder. <br />i <br />Page a , f 9 �a <br />Y 1 <br />