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HomeMy WebLinkAbout953619$1,648,350.00 RECEIVED 5/24/2010 at 2:19 PM RECEIVING 953619 BOOK: 747 PAGE: 655 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RENEWAL PROMISSORY NOTE RJ040810/F 00 655 DATED: A j o r,`I 11 2010 FOR VALUE RECEIVED, as provided in 2010 Wyoming Session Laws, Chapter 68, and the Project Agreement dated /t4ay 20(0 the undersigned TOWN OF STAR VALLEY RANCH promises to pay to the order of the STATE OF WYOMING, WYOMING WATER DEVELOPMENT COMMISSION (hereinafter THE COMMISSION 6920 Yellowtail Road, Cheyenne, Wyoming, the principal sum of ONE MILLION SIX HUNDRED FORTY -EIGHT THOUSAND THREE HUNDRED FIFTY DOLLARS and NO CENTS ($1,648,350.00), over a term of thirty (30) years, with interest thereon at the rate of four percent (4 per annum as provided hereinafter. The principal and interest shall be paid in amortized installments payable annually in manner and form as follows: Thirty annual payments commencing on the first day of December immediately following the first anniversary of the date on which the COMMISSION determines benefits accrue to the SPONSOR. Any loan payments required prior to final disbursement of loan funds from the COMMSSION to the SPONSOR shall be calculated by amortizing the principal balance over the remaining term of the loan at the rate provided herein. Upon disbursement of the final payment, the principal balance will be determined and remaining annual payments amortized over the remaining term of the loan in equal annual payments. The remaining payments will be due on or before the first day of each December of each and every year with a final payment of all outstanding principal and all accrued interest due on or before the thirtieth anniversary of the date the COMMISSION determines benefits accrue to the SPONSOR, unless sooner discharge in full. The maker hereof shall have the right and privilege of making extra payments at any time, or of paying the entire unpaid balance at any time, and in the event extra or prepayments are made, interest shall be charged thereafter only on the unpaid principal balance remaining due. In the event that the entire unpaid balance is paid prior to maturity, no advance interest or prepayment penalty shall be assessed except for interest due and payable on the unpaid principal balance to the date of payment in full. Advance, extra or prepayments shall not reduce the annual payments as herein provided, but will operate only to discharge the loan at an earlier date. Interest and principal not paid when due shall draw interest thereafter at the rate of ten percent (10 per year on the delinquent interest and principal until paid. Time is of the essence of this Renewal Promissory Note, and if the annual payment is not received by the due date of each year, the maker hereof will be in default, and the holder may proceed against the maker and its collateral as provided by law. The waiver of either party hereto of any breach, condition, or provision of this Renewal Promissory Note shall be limited to the particular instance, and shall not operate or be deemed to waive any future breach or breaches of said condition or provision. The failure of either party to insist in any one instance, or more, upon the performance of any of the conditions or provisions of this Renewal Promissory Note, or to exercise any right or privilege herein conferred, shall not be construed as waiving any such condition, provision, right, or privilege, but the same shall continue in full force and effect. This Renewal Promissory Note revises the promissory note dated June 4, 2009 and is secured by a mortgage dated June 4, 2009 and amended on this even date herewith. STAR VALLEY RANCH WTR. SUPPLY PROMISSORY NOTE R 1 of 2 RJ04081 0/F The., maker, and ,endarser, of this note hereby, accepts the conditions hereof and expressly waives presentment for,payment protest and notice of protest for nonpayment hereof.and,all defenses ors,t4,greawods any.extension of time of payment that may be given by the h.oldei hereof ta. them:., In,the:eve,nt, of suit.to enforce,pay,, en m„ t of this n note or any installment, interest, or part thereof, the undersigned maker agrees to pay, in addition to the costs and disbursements provided'.and allowed by law, reasonable attorneys' fees. Attest: Brenda Bauer, Town Clerk TOWN OF STAR VALLEY RANCH o .'Siddoway, Mayor 0 ~sd, EST. 1 *P WYOMING WATER DEVELOPMENT COMMISSION Mitchel T. Cottenoir, Chairman Kent Shurtleff, Secretary STAR VALLEY RANCH WTR. SUPPLY PROMISSORY NOTE Page 2 of 2