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HomeMy WebLinkAbout0985 secondary market morning ofrecing rates in the United 3tates foc three-month certifiaates of depoait of mq1or United Stat~s money market banks. The CD Bate shall be determined weekly by Payee on the basis of reports by certifieate of deposit dealers to, and pub!:shed by, the Federal Reserve Bank of New York or, ii such publlcation shall be w?evailable, on the basis of any otfier sourcea reasonably selected by Payee, in eithec case adjusted to the nearest 1/100 of 1% or, if there is no nearest 1/100 of 19~6, to , the next highest 1/100 of 19i6. The CD Aate shall change ' Ciieciive iaonaay oi ~aci~ week, ii Peyee determines that the average, for the three-week perlod ending during the preceding week, has changed. In the event that the CD Rate for any period cannot be equitably determined, in the judg- ment of Payee, the interest rate shall be determined under clause (a) above. Interest shall be payable monthly in arrears on the first day of each month, commencing on the first day of the month ensuing after the first advance of the pcincipal sum to Maker, and continuing on the fitst day of eaeh month thereafter. Said interest shall be computed on a 360-day basis, but shall be charged for the aetual number of days within the period fvr which ir?terest is being charged. At sueh time as interest is computed at the maximum rate allowed by law and as may be am~ded from time to time interest shall be computed on a 365-366 day basis. During the period of any default or maturity, unuee the terms of this Note, the interest rate on the entire indebtedness then outstanding shall be at the rate of the Corporate Base Rate of interest announced by the Payee from time to time plus Five percent (59I6) pec annum whieh rate sha;l chat~ge when and as said corporate base rate is changed (not to exceed the maximum lawful rate) computed from the date of default and/~ mgi~~rity An~t ~ntinuing until such default be cured or the indebtedness evidenced by this Note is paid and sati.sfied in full. I , I i 4. Mortgagor and Mortgagee have entered into an Agreement to Release I~ to grant partial releases af Lhe Property encumbered by the Mortgage by abolishing t ~ certain previously agreed-to bases for s anting partial releases, and by agreeing to grant partial releases on other bsses, all on the conditions and terms as stated therein, 1` to eliminate certain required prepayments of principal and to impose new ~ 6 ~ ~ requirements for prepayment of principal. € ~ 5. Mortgaga hereby agrees that said Mortgage constitutes a valid 6 ~ existing first lien upon the Property in favoc of Mortgagee. ~ ~ 6. The Property described in ihe above Matgage is and shall remain ? ~ subject to the ficst and valid lien and encumbrance of said Mortgage, and nothing ~ herein conteined or done shall affect cx be construed ta affect the lien or encumbrance of the Mortgage or the priority thereof over other liens or ~ encumbrances, or, except as herein eacpressly provided, to release or affect the liability of any other party or parties whomsoever, who may now or hereafter be liable ~ under or on the accourtt of said Promissory Note and Seeond Promissory Note and/or ~ ~ ~ the Mortgage. € -3- ~ ~ ~ P~CE ~7rJ5 i' _ - - ~~sr. ~ . . , . . . -