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Everett Gospel Mission 11/25/2024
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Entry Properties
Last modified
12/20/2024 11:05:38 AM
Creation date
12/20/2024 11:05:17 AM
Metadata
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Template:
Contracts
Contractor's Name
Everett Gospel Mission
Approval Date
11/25/2024
Council Approval Date
6/5/2024
End Date
12/31/2026
Department
Community Development
Department Project Manager
Kembra Landry
Subject / Project Title
Everett Gospel Mission Pallet Program Promissory Note, Deed, Covenant
Tracking Number
0004624
Total Compensation
$4,000,000.00
Contract Type
Agreement
Contract Subtype
Other Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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collection of interest in excess of the maximum permitted by any applicable usury statute or any other <br /> law (the "Maximum Rate"). If this Note or any other such instrument does so provide,the provisions of <br /> this paragraph shall govern, and neither Maker nor any endorsers of this Note nor their respective heirs, <br /> personal representatives,successors, or assigns shall be obligated to pay the amount of interest in excess <br /> of the Maximum Rate. In such event, the interest rate in excess of the Maximum Rate shall be reduced <br /> by appropriate credits to the balance owing at maturity hereunder so that the Maximum Rate shall not <br /> be exceeded. <br /> 13. Notice. Any demand or notice to be made or given by the Holder to Maker under <br /> the terms hereof or any instrument now or hereafter relating to or securing this Note shall be effective <br /> when delivered by registered mail, return receipt requested, postage prepaid,to the Maker. <br /> 14. Governing Law. This Note shall be governed by and construed in accordance with <br /> the laws of the State of Washington and applicable Federal law. <br /> 15. Nonrecourse. Notwithstanding any other provision hereof or of any other <br /> instrument relating to or securing this Note, the Maker, its successors and assigns and their respective <br /> partners, officers, directors and employees shall not have any personal liability for the indebtedness <br /> evidenced hereby or any deficiency judgment, and upon the occurrence of a default or event of default <br /> hereunder, the Holder hereof shall look solely to the instruments by which this Note is secured and the <br /> Premises constituting the security, together with the rents, issues, and profits thereof for satisfaction of <br /> the indebtedness, and resort shall not be made to any other property of the Maker; PROVIDED, <br /> HOWEVER, that nothing herein contained shall limit or be construed to limit or impair the enforcement <br /> against said Premises of the rights and remedies of the Holder hereof, including the joinder of the Maker <br /> in any action to foreclose the liens and security interests securing this Note and PROVIDED, FURTHER,that <br /> nothing herein shall diminish Maker's liability for damages or deficiencies resulting from theft, waste, <br /> fraud, material misrepresentation or misuse of rents. <br /> 16. Loan Agreement. This Note is subject to the terms and conditions of the Loan <br /> Agreement executed between Maker and Holder regarding the Project. Disbursement of the funds <br /> evidenced by this Note is to be made subject to the terms and conditions of Loan Agreement. Capitalized <br /> terms used but not otherwise defined in this Note shall have the meanings ascribed to them in the <br /> Agreement. <br /> 17. Casualty Loss or Condemnation. In the event of any fire or other casualty to the <br /> Project or eminent domain proceedings resulting in condemnation of the Project or any part thereof, <br /> Maker shall have the right to rebuild the Project, and to use all available insurance or condemnation <br /> proceeds to which Maker is entitled therefor, PROVIDED that(a)such proceeds are sufficient to keep the <br /> Loan in balance and rebuild or cause the rebuilding of the Project in a manner that provides adequate <br /> security to Holder for repayment of the Loan, or, if such proceeds are insufficient,then Maker shall have <br /> funded any deficiency; (b) Holder shall have the right to approve plans and specifications for any major <br /> rebuilding and the right to approve disbursements of insurance or condemnation proceeds to which <br /> Maker is entitled for rebuilding under a construction escrow or similar arrangement; and (c) no material <br /> default then exists under the Loan Documents. If the casualty or condemnation affects only part of the <br /> Project and total rebuilding is infeasible,then proceeds to which Maker is entitled may be used for partial <br /> rebuilding and partial repayment of the Loan in a manner that provides adequate security to Holder for <br /> repayment of the remaining balance of the Loan. <br /> ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,TO EXTEND CREDIT OR TO FORBEAR <br /> FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON STATE LAW. <br /> Promissory Note 3 of 4 <br />
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