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Res 2003-133
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Res 2003-133
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Last modified
11/14/2003 2:51:53 PM
Creation date
11/10/2003 3:46:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-133
Date
8/11/2003
Volume Book
153
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4. No Waiver by Note Holder. Even if, at a time when Borrower is in default, the Note Holder does not require <br />Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if Borrower is in <br />~fault at a later time. <br /> 5. Payment of Note Holder's Costs and Expenses. If the Note Holder has required Borrower to pay immediately <br />full as described above, the Note Holder will have the right to be paid back by Borrower for all of its costs and <br />expenses in enforcing this Note to the extent permitted by applicable law. Those expenses include, for example, <br />reasonable attorney's fees. <br /> <br />6. Giving of Notices. <br />A. To Borrower. Unless applicable law requires a different method, any notice that must be given to Borrower under this <br />Note will be given by delivering it or by mailing it by first class mail to Borrower at the address listed above or at a <br />different address if Borrower gives the Note Holder a notice of my different address. <br /> <br />B. To Note Holder. Any notice that must be give to the Note Holder under this Note will be given by mailing it by first <br />class mail to the Note Holder at the address stated above or at a different address if Borrower is given a notice of that <br />different address. <br /> <br />7. Obligations of Persons Under This Note. If more than one person signs this Note, each person is fully and personally <br />obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person <br />who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these <br />obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the <br />promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or <br />against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. <br /> <br />8. Waivers. Borrower and any other person who bas obligations under this Note waive the rights of presentment and <br />notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice <br /> dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been <br /> id. <br /> <br />9. Miscellaneous <br />A. Borrower may not assign any of its rights, or delegate or subcontract any of its duties under this Note, in whole or in <br />part, without the prior written consent of the Note Holder. <br /> <br />B. In the event any section, subsection, paragraph, sentence, phrase or word in this Note is held invalid for any reason, <br />the balance of this Note will remain in effect and will be read as if the parties intended at ail times not to include the <br />invalid section, subsection, paragraph, sentence, phrase or word. <br /> <br />C. This Note shall be governed by the laws of the State of Texas. Exclusive venue for any legal dispute arising under this <br />Note shall be in Hays County, Texas. The Note Holder's execution of and performance under this Note will not act as a <br />waiver of any immunity of the Note Holder to suit or liability under applicable law. The parties acknowledge that the Note <br />Holder, in executing and performing this Note, is a governmental entity acting in a governmental capacity. <br /> <br />D. Each of the persons executing this Note represents that he or she has full power and authority to execute this Note on <br />behalf of the Borrower. <br /> <br />Borrower Signature Date <br />~rrower Signature Date <br /> <br />C:\Documents and Settings~costley_lindahMy Documents\RLF~prom note.doc 2 <br /> <br /> <br />
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