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RecDoc2025-059266 CDBG Loand Documents- David H. Menche
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RecDoc2025-059266 CDBG Loand Documents- David H. Menche
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12/1/2025 10:30:03 AM
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Agreement
Doc Num
2025-059266
Rec Date
11/5/2025
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4. Interest Rate. <br />The Loan shall not accrue interest. <br />Term of Loan; Forgiveness and Right of Prepayment. <br />a. The Term of the Loan is five (5) years. Provided that Borrower completes the <br />repairs and rehabilitation work in accordance with the terms of the Loan Agreement, <br />occupies the home on the Property as Borrower's principal residence, and remains in <br />compliance with all terms and conditions of the Rehabilitation Loan Agreement, the Loan <br />shall be forgiven and discharged in five (5) equal installments, with each installment <br />forgiven on the yearly anniversary of the Effective Date of the Rehabilitation Loan <br />Agreement. Provided that Borrower has not defaulted under the Rehabilitation Loan <br />Agreement, this Promissory Note or the Deed of Trust, upon the fifth (5t") anniversary of <br />the Effective Date, the Loan shall be forgiven in its entirety. <br />b. This Promissory Note may be prepaid in whole or in part at any time and from time <br />to time without penalty or premium. <br />6. Acceleration Upon Default. <br />In the event of any Default as described in Section 12 of the Rehabilitation Loan <br />Agreement, at the option of the Lender and after notice to the Borrower, providing Borrower with <br />thirty (30) days in which to cure any Default, and such Default not having been cured within thirty <br />(30) days (or if a greater amount of time is reasonably necessary to effect a cure, if actions to cure <br />such default are not undertaken within said thirty (30) day period and pursued with reasonable <br />diligence thereafter), all outstanding principal due at the time of such Default under this <br />Promissory Note shall immediately become due and payable, upon thirty (30) days written notice <br />from the Lender to the Borrower. Failure to exercise such option shall not constitute a waiver of <br />the right to exercise it in the event of any subsequent Default. <br />7. Costs Paid by Borrower. <br />Borrower agrees to pay the following costs, expenses and attorney's fees paid or incurred <br />by the Lender, or as adjudged by a court of competent jurisdiction: (a) reasonable costs of <br />collection, costs and expenses and attorneys' fees paid or incurred in connection with the collection <br />or enforcement of this Promissory Note, whether or not suit is filed; and (b) costs of suit in such <br />sum as the court may adjudge reasonable as attorney's fees in any action to enforce payment of <br />this instrument. <br />8. Waiver. <br />Borrower hereby waives diligence, presentment, protest and demand, notice of protest, <br />dishonor and nonpayment of this instrument, and expressly agrees that, without in any way <br />affecting the liability of Borrower hereunder, the Lender may extend any maturity date or the time <br />for payment of any installment due hereunder, accept additional security, release any party liable <br />REV: 10-01-25 LF <br />ATTY/AGR.2025.253/Habitat for Humanity (Client: David Menche) (2757 Bristol Way - Habitat Promissory Note) (Page 2 of 3) <br />
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