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Res 1986-116
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Res 1986-116
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8/28/2007 8:45:29 AM
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8/28/2007 8:45:28 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1986-116
Date
9/24/1986
Volume Book
83
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<br />8. This Note may be prepaid, in whole or in part, at any time <br />without penalty of any kind. <br /> <br />9. It is the intention of Payee and Maker to conform strictly <br />with applicable usury laws now in force. No provision of this <br />Note or the security documents securing this Note, or in any other <br />document evidencing, securing or pertaining to the indebtedness <br />evidenced hereby shall require the payment, or permit the collec- <br />tion of interest in excess of the maximum amount permitted by <br />applicable law. If at any time the interest received or con- <br />tracted for exceeds the maximum lawful rate, the Payee shall <br />refund the æBount of the excess, or shall credit the amount of the <br />excess against Ĺ“TIounts owing under the loan and such excess shall <br />not be considered the payment of interest. Determination of the <br />rate of interest shall be made by amortizing, prorating, <br />allocating and spreading in equal parts during the full contracted <br />period of the life of the loan all interest at any time contracted <br />for, charged or received from Maker in connection with the loan. <br /> <br />10. All notices permitted hereunder shall be given to the <br />addressee at the following address: if to Payee, S.E.M. <br />CORPORATION, P.O. Box 1229, San Marcos, Texas 78667; if to Maker, <br />ELIM WATER COMPANY, INC., P.O. Box 1229, San Marcos, Texas 78667. <br />All notices given hereunder shall be in writing and shall be <br />considered properly given if mailed by first-class United States <br />mail, postage prepaid, registered or certified with return receipt <br />requested, or by delivering same in person to the addressee, or by <br />prepaid telegram. Any notice shall be effective upon receipt at <br />the address of addressee. Either party may change its address for <br />purposes of receiving notice hereunder upon not less than ten (10) <br />days notice given in the manner prescribed herein. <br /> <br />11. All amounts payable under this Note are payable in lawful <br />money of the United States which shall be legal tender for payment <br />of all debts and dues, public and private, at the time of such <br />payment. Maker agrees to perform and comply with the covenants, <br />conditions, provisions and agreements contained in this Note and <br />in every other instrument evidencing or securing payment of the <br />indebtedness evidenced by this Note. <br /> <br />12. This Note shall be governed by and construed under the <br />applicable laws of the State of Texas and the laws of the United <br />States of America. <br /> <br />ELIM WATER COMPANY, INC. <br /> <br />By: <br />Name: <br />Title: <br /> <br />ATTEST: <br /> <br />Secretary <br /> <br />2. <br />
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