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HomeMy WebLinkAbout97- Bozeman Interfaith Housing Promissory Note (2) r J ( ? . PROMISSORY NOTE $I2,000.00 BOZEMAN, MONTANA f'''; l' , 1997 FOR VALUE RECEIVED, the undersigned, BOZEMAN INTERFAITH HOUSING, INC. (II), hcreinafter called "Borrower", promises to pay to the order of CITY OF BOZEMAN, a Montana municipal corporation, hereinafter called "City", negotiable and payable to payec at 411 East Main Street, Bozeman, Montana, thc principal sum of TWELVE THOUSAND AND NO/lOO DOLLARS ($12,000.00) with interest thereon at thc rate of four percent (4%) per annum until paid in cqualmonthly payments of Seventy-two and 921100 Dollars ($72.92), said payments to be madc on or before the first day of each month, commencing with May 1, 1998 or the first month following issuance of a certificate of occupancy, whichever shall first occur, All payments must be received by 4:00 p.m. on the date duc. A late payment fee of five percent (5%) of the scheduled payment shall be added beginning with the eleventh (11 th) day of the month in which the payment is due. The Borrower shall have the right to pay, in addition to any monthly payment, any additional sum or to pay the entire balance remaining due at any time. Such payments shall not relieve Borrower from making thc next regularly scheduled payment. In the event of default in the payment of any installment under this Note, and if the default remains uncured for more than Thirty (30) days after written notice thereof to Borrower, then upon nonpayment thereof after notice in writing to Borrower, thc entire principal sum shall at once become due and payable in full within thirty (30) days from said second notice. Failure to exercise this option shall not constitute waiver of the right to exercise the same in the event of any subsequent default. In the evcnt of default, it is agreed that the Holder of this Note may rccover such necessary expenses as may be incurred in collection, including reasonable attorney's fees, which reasonable attorney's fees include expcnses and fees of the City Attorney, including fees on appeal. The Makers consent to any and all extensions of time, renewals, waivers or modifications that may be grantcd by the Holder hereof, with respect to payment of security, or any part thereof: with or without substitutions. This Note is secured by a first position Montana Trust Indenture of even date herewith, upon real estate situated in the County of Gallatin, State of Montana, and generally described as follows: Lot 2 of thc Bozeman Interfaith Housing 2 Subdivision, located in the Southwest one-quarter (SW~) of Section 11, Township 2 South, Range 5 East, P.M.M., according to the official plat thereof on file and of record in the office of thc County Clerk and Recorder, Gallatin County, Montana All notices to be given hereunder by either party hereto shall be in writing and given by personal floz~lllan Int~rfaith II Not~ Pag~ 1 " . . ,. . service or first class mailing utilizing registcred or certified mail, return receipt requested. Said method of noticc is dccmed sufficient service thereof, and shall be deemed givcn as to the date when served or deposited in any post office. Either party may change address by written notice by certified or registered mail to the other. The initial address for receipt of notice is as follows: Bozeman Interfaith Housing [II] City of Bozeman P.O. Box 7090 P.O. Box 640 Bozeman, Montana 59771-7090 Bozeman, Montana 59771-0640 By: ~. h 0__ -"__ U~I F-u.- . Rev. Glover Wagner, President Bozeman Interfaith II Note Page 2 . ~ , LOAN AGREEMENT THIS AGREEMENT is made and entered into thi}!" yliday of ~ ' 1997, by and between BOZEMAN INTERFAITH HOUSING II whose mailin ' ddress is 2118 S. Third, Bozeman, Montana, hereinafter referred to as "Debtor" and the CITY OF BOZEMAN, a Montana municipal corporation, whose mailing address is P.O. Box 640, Bozeman, Montana, 59771-0640, hereinafter referred to as "Lender", according to the following terms and conditions: 1 . Amount of Loan The Lender agrees to loan the sum of Twelve Thousand Dollars ($12.000.00) at 4% interest for twenty years. This loan originates from funds through the Community Affordable Housing Fund Advisory Board, and is secured by a Promissory Note and Montana Trust Indenture executed by the Debtor and incorporated herein by reference. It is understood that the Trust Indenture will be in first position until such time as the Montana Department of Commerce or Montana Board of Housing shall award loan or grant monies to Bozeman Interfaith Housing II. At such time as the Montana Board of Housing or the Montana Department of Commerce loan or grant awards are made, it is understood that this Trust Indenture shall then be in second position. Lender agrees that this Trust Indenture shall be subordinate to security instruments, including but not limited to, trust indentures or mortgages of the Montana Board of Housing or Montana Department of Commerce. 2. Terms for Repayment The Debtor agrees to pay to Lender the sum of Seventy-two Dollars and 92/100 ($72.92) per month for 238 months and a final payment of Seventy-one Dollars and 39/100 ($71.39) pursuant to the amortization schedule which is attached hereto and incorporated herein by reference. The payment shall be due on the first day of each month, commencing with May 1, 1998 or the first month following the issuance of a certificate of occupancy, whichever shall first occur. If the payment due date is a government holiday or other non- working day, the payment is due the next working day after the holiday or non-working day. All payments must be received by 4:00 o'clock p.m. on the day due. A late payment fee of 5% of the scheduled payment shall be added beginning the 11th day of the month in which the payment is due. Beginning with the third month in which any payment is past due, the payment or payments which is three months or more past due, together with the 5% penalty, shall earn interest at the rate of 5% per annum. The Debtor is encouraged to seek other funding sources during the life of the loan. Prepayment of any amount beyond the scheduled payment, up to and including the entire remaining balance on the date payment is made, shall be without penalty. 3. Insurance Debtor will maintain insurance on the property and the project at all times sufficient to cover loss by fire, theft or other hazard sufficient to protect Lender's interest in said property or project. Insurance proceeds shall be payable to Lender for the monetary amount Bozeman Intertaith Housing II Loan p, I . , , ~ . of Debtor's obligation to lender. However, the Debtor may, upon written approval of the lender, in the event of loss by fire, theft or other hazard, apply insurance proceeds received by the lender towards the payment of the loan or use the proceeds to rebuild the improvements destroyed or damaged. If Debtor chooses the latter option, the lender will hold the insurance proceeds and pay them to materialmen, contractors, and laborers for services rendered and materials furnished and delivered in the rebuilding or the improvements. It is understood that it is the Debtor's duty to see that no liens are filed upon the premises by reason of any rebuilding. The Debtor wi II place copies of the insurance policy or policies with the lender within thirty (30) days before beginning of construction of dwelling units. lender shall have no I iabi I ity whatsoever for any loss that may occur by reason of the omission or lack of coverage of any such insurance. During the term of this loan agreement, when the Debtor renews the insurance policy by payment of an additional year's premium, the Debtor will provide proof of payment of the premium to the lender so as to keep the lender advised at all times that the property is insured. Failure to so notify the lender is an event of default of this agreement. 4. Non-discrimination The Debtor agrees to abide by the provisions of Title VI of the Civil Rights Act of 1964, section 109 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1974, and section 504 of the Rehabilitation Act of 1973 regarding discrimination based upon race, color, national origin, sex, age or physical challenge. 5. Additional Assurances The Debtor will remain fully obligated under the provision of this agreement notwithstanding its designation of any third party or parties, with written approval of the Lender, for the undertaking of all or any part of the program with respect to which assistance is being provided under this agreement. The Debtor will comply with all applicable laws, rules and regulations of the lender, the State of Montana, and the United States Government. 6. Litigation The Debtor states that to the best of its knowledge and bel ief there are no suits or proceedings pending or threatened against or affecting it which, if adversely determined, would have a material adverse effect on its financial condition. In addition, to the knowledge of the Debtor, there are no proceedings by or before any governmental commission, board, bureau or other administrative agency pending or threatened against the Debtor. 7. Default The parties agree that time is of the essence of this agreement. Debtor shall be in default under this agreement upon the occurrence of any of the following events or conditions: Bozeman Tnterfaith Housing TT Loan p, 2 .. ' , ~ . a. Debtor defaults in the payment or performance of any obligation, covenant or liability contained or referred to herein or in any note evidencing the same; b. Any warranty, representation or statement made or furnished to Lender by or on behalf of Debtor proves to have been false in any respect when made or furnished; c. Any event which results in the acceleration of the maturity of the indebtedness of Debtor to others under any indenture, agreement or undertaking; d. Death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any part of the property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against, Debtor or any guarantor or surety for Debtor, or entry of any judgment against them, or failure of any guarantor or surety for Debtor to provide Lender with financial information promptly when requested by Lender. e. Debtor fails to pay any local, real, or personal property taxes, to include special assessments, specific to the property; 8. Notice of Default Upon the occurrence of any default hereunder and at any time thereafter, the Lender may declare Debtor to be in default and thereafter give Debtor written notice setting forth the action or inaction which constitutes the default and giving Debtor thirty (30) days in which to correct the default. If Debtor fails to correct the default within thirty (30) days of this notice, the Lender may notify Debtor in writing that the full balance due upon the note is then due and payable in full within thirty (30) days. It is agreed by the parties hereto that the provisions of this Agreement provide reasonable and sufficient notice to be given to Debtor in case of Debtor's failure to perform any of its covenants and that this notice is sufficient for Debtor to rectify its actions or inactions of default. 9. Demand and Notice Any demand upon or notice to either party shall be addressed and mailed to the address as identified at the top of page one of this agreement or by personal service. Mailing shall be by depositing with the United States Postal Service, postage pre-paid, and shall be effective when served or three (3) days after deposit in the United States Mail, whichever occurs first. 10. Waiver No waiver of any defau It shall constitute a waiver of any other defau It, nor shall such waiver constitute a continuing waiver. No waiver of any term or condition of this agreement shall constitute a waiver of any other term or condition, whether or not similar, nor shall such waiver constitute a continuing waiver. Bozeman Inrertaith IlousinR II Loan p, 3 . ' . .. , 11 . Amendments This agreement may not be altered or amended except by a writing signed by the Debtor, accepted by Lender, and attached hereto. 12. Severability If one or more provisions of this agreement is deemed to be unlawful or unconstitutional or stricken by a court of law, all valid provisions that are severable from the invalid provisions shall remain in effect and be valid and binding on the parties. If any provision is in conflict with any applicable statute, rule of law, court order or judgment, then such provision shall be deemed to be modified to conform with such statute, rule or law, court order or judgment. 13. Construction and Venue This agreement shall be interpreted according to the laws of the State of Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth Judicial District, Gallatin County, Montana. 14. Attorney's Fees In the event that it becomes necessary for any party to this Agreement to retain an attorney to enforce any terms or cond itions of th is Agreement, then the prevai ling party or parties shall be entitled to costs and reasonable attorney's fees, including fees of in-house counselor City Attorney costs and including fees on appeal. 15. Hold Harmless The Debtor waives any and all claims and recourse against the Lender, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement. Further, the Debtor will indemnify, hold harmless, and defend the Lender against any and all claims, demands, damages, costs, expenses or liability arising out of the performance of the Debtor. 16. Assignment This agreement is not assignable by Debtor without written consent of the Lender, said consent not to be unreasonably withheld. 17. Titles The titles used in this agreement are for reference purposes only. 18. Transferability This Agreement shall be binding upon the heirs, personal representatives, successors Bozeman lnlnfailh Housing II Loan p. 4 , . , ... ) and assigns of the parties. This Agreement and the contemporaneous Promissory Note are not transferrable without written permission from the Lender, and are subject to the condition that the Debtor own the property described as: Lot 2 of the Bozeman Interfaith Housing 2 Subdivision, located in the Southwest One-Quarter (SW14) of Section 11, Township 2 South, Range 5 East, P.M.M., according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana for the term of the loan and that the property remain affordable to persons below 60% of the area median income as defined and updated annually by the Montana Board of Housing or thei r successors. Should the property be sold or not maintained for the designated income group, the Note shall become due and payable on demand. BOZEMAN INTERFAITH HOUSING II By:~. ~t.J~, P~. Rev. Glover Wagner, Pre dent' CITY OF BOZEMAN \ , B .<:~ " - y. <"~''.~'" ~.,._...-..---~y-""""" , " I Clark \to Johnson, City Manager ATTEST: ~i2 ~a~mmiSSiOn STATE OF MONT ANA ) ) ss. County of Gallatin ) VI On this~day of /;-A-L-dtc.t::;( , 1997, before me, the undersigned, a Notary Public for the State of Montana,t;personally appeared the REVEREND GLOVER WAGNER, known to me to be the President of Bozeman Interfaith Housing I I, and the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for and on behalf of BOZEMAN INTERFAITH HOUSING II. Bozeman Interfaith Hoasing lll.oan p. 5 " , , .. I> IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year fi rst above written. f ;J ~ / "~ -: ,,'., ~~L- ~&u-<-,#_ """"'------Notary Public for the State of' Montana, residing at Bozeman My Commission Expires rf; '/,,:i- 99 STATE OF MONT ANA ) ) ss. County of Gallatin ) C:J On thisdS'I'day of f<',.;;;t~ , 1997, before me, the undersigned, a Notary Public for the State of Montan ,/ ersonally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and the Clerk of Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. t7 r- / , /-, {..(.-/.( -<... -- /.' - '~. otary Public for the State of' Montana, Residing at Bozeman My Commission Expires d.; -/:j-- :<7 Bozeman Interfaith Housing II Loan p, 6 )c , . .. '. ~ ' . Bozeman Interfaith I! Irnpilct Fee Lmin AmOltiIstion Loan amoont 12,000.00 Interest r.lI! 0.04 Payment Bllfinning Ending tiJJIIJhH IJ:olf@..it Rfj'l1.l~/ll In{!l.T:l.~t ~ ~ 1 12,000.00 ;'2.92 40,00 .'32,92 11,957.08 2 1'i,967.08 72.92 39.89 33.03 11,934.05 3 11,934.05 n.S2 39.76 33.14 11,900.91 4 11.900.91 72.92 39.67 33.25 11,857.136 5 11,867.66 72,92 39.56 33.36 11,834.30 5 11,834.30 72.92 39.45 33.47 11,800.83 7 11,800.83 72.92 39.34 33.58 11,767.24 8 11 ,767.24 72.92 39.22 33.70 11,733.55 9 11,133,55 72.92 39.11 33.81 11,699.74 10 11,690.74 72.92 39,00 33.92 11,665.82 11 i 1 ,665.82 7.2.92 38.89 34.03 11,631.78 12 11,631.78 72.92 38.17 34.15 11,507.64 13 11,597.64 72.92 38.66 34.26 11.563.3,3 14 11,563.38 12.92 38.54 34.38 11.529.00 15 1'1,529,00 72.92 38.43 34.49 11,494.51 16 11,494,51 72.92 38.32 34.60 11,459.90 17 11.459.90 12.92 38.20 34.72 11,425.18 18 11,425,18 72.92 38.08 34.8,4 11,390.35 19 11,390.:~5 '12.9'2. 37.97 34.95 11,355.40 20 1 '1,355.40 72.92 37.85 35.07 11,320,33 21 11,320,33 "12.92 37.73 35.19 11 ,285.14 22 11,285.14 12,92 37.62 35,30 11,249.84 23 11,249.64 72.92 37.50 M.42 11,214.42 24 11,214.42 72.92 37.38 35.54 11,178.88 ~~5 1t,178,88 72.92 37,26 35.66 11,143.22 26 11..14~.27. 72.92- 37,14 35.78 11,107.45 ~....., 11,107.45 72.92 37.02 35.90 11,071.55 r:" 28 1 '1 ,071.55 72.92 36.91 36,01 11,035.54 2g '11,035.54 72.92 36.79 :)6.13 10,999.40 30 10,999.40 '12.92 36.66 36.26 10,963.15 31 H\963.15 72,92 36.54 36.38 10,926.77 32 10,926.77 72.92 36,41 36.50 10,890.27 33 '10,890.27 72.92 3G.30 36.62 10,653.65 '34 10,853.65 72.92 36.1(\ 36.74 10,816.91 35 10.816.91 72.92 36.06 36.86 10,780.05 36 10,780.05 72.'92 35.93 36.99 10,74306 31 10,743.06 72.92 35.81 37.11 10,705.95 38 10.105.95 72.92 35.69 37.23 10,668.72 30 10,668.12 72.92 35.56 :37.36 10,631.36 40 10,631.36 72.92 35.44 37.48 10,503.88 41 10,593.88 72.92 35.31 37.61 10,556,27 41 '10,5:i6.27 72.92 35.19 37.73 10,518.54 43 10,518.54 72.92 35.06 37.86 10,480.68 44 10,480,68 72.92 34.94 37.98 10,442.70 45 10,442.70 72.92 34.81 38.11 10,404.59 46 10,404.59 72.92 34.68 30.24 10,366.35 47 10,366.35 72.92 34.55 38.37 10,327.98 48 10,327.98 72.92 34.43 38.49 10,239.49 49 10,289.49 72.92 34.30 38.62 10,250.R7 50 '10,250.137 72.9:~ 34.17 ::Sfl.75 1Q,212.12 51 10,212.12 72.92 34.04 38.88 10,173.24 52 10,173.24 72.92 33.91 39.01 10,134.23 53 10,1~H,23 72,92 33,78 3914 10,O95.0~ 54 10,095.1)9 n.92 33.65 39.:a 10,055.82 55 10,O~5.a2 12.92 :j3,52 39.40 10,CH\.42 56 I C/)1 '3.42 72.92 3339 39.[,;,\ Q,91fl.69 r.:-' 9,\rtO.BS 7192 33.26 39,t3li 9 ,g.r!.2:!! ,), ~8 9,931.22 n..92 33.12 39.80 9,897.43 59 9,89'7,43 72,92 32.99 :~9.93 9,857.50 GO 9,357.50 "12.92 32.86 40.06 9,617.114 61 9,817.44 72.92 32."12 040,20 9,777.24 62 9J77..24 72,92 32.59 4U.33 g,736.91 53 S,736.91 12.92 32,~ 40.40 9,696.45 64 9,696.45 72.92 '32,$2 40.60 9,655.85 Page 1 ) , . " , ' . , BOl,eman Interfaith II Impact Fee Loan Amortization 65 9,655.85 72.92 32.19 40.73 9.615.12 66 9,615.12 72.92 32.05 40.87 9,574.25 67 9,574.25 72.92 31.91 41.01 9,533.24 68 9,533.24 72.92 31.78 41.14 9,492.10 69 9,492.10 72.92 31.64 41.28 9,450.82 70 9,450.82 72.92 31.50 41.42 9,409.40 71 9,409.40 72.92 31.36 41.56 9,367.85 72 9,367.85 72.92 31.23 41.69 9,326.15 73 9,326.15 72.92 31.09 41.83 9,284.32 74 9,284.32 72.92 30.95 41.97 9,242.35 75 9,242.35 72.92 30.81 42.11 9,200.24 76 9,200.24 72.92 30.67 42.25 9,157.98 77 9,157.98 72.92 30,53 42.39 9,115.59 78 9,115.59 72.92 30.39 42.53 9,073.06 79 9,073.06 72.92 30.24 42.68 9,030.38 80 9,030.38 72.92 30.10 42.82 8,987.56 81 8,987.56 72.92 29.96 42.96 8,944.60 82 8,944.60 72.92 29.82 43.10 8,901.49 83 8,901.49 72.92 29,67 43.25 8,858.25 84 8,858.25 72.92 29.53 43.39 8,814.85 85 8,814.85 72.92 29.38 43.54 8.771.32 86 8,771..32 72.92 29.24 43.68 8.727.63 87 8,727.63 72.92 29.09 43.83 8,683.81 88 8,683.81 72.92 28.95 43.97 8,639.83 89 8,639.83 72.92 28.80 44.12 8,595.71 90 8,595.71 72.92 28.65 44.27 8,551.44 91 8,551.44 72.92 28.50 44.42 8,507.03 92 8,507.03 72.92 28.36 44.56 8,462.47 93 8,462,47 72.92 28.21 44.71 8,417.75 94 8,417.75 72.92 28.06 44.86 8,372.89 95 8.372.89 72.92 27.91 45.01 8,327.88 96 8,327.88 72.92 27.76 45.16 8,282.72 97 8,282.72 72.92 27.61 45.31 8,237.41 98 8,237.41 72.92 27.46 45.46 8,191.95 99 8,191.95 72.92 27.31 45.61 8,146.34 100 8,146.34 72.92 27.15 45.77 8,100.57 101 8,100.57 72.92 27.00 45.92 8,054.65 102 8,054.65 72.92 26.85 46.07 8,008.58 103 8,008.58 72.92 26.70 46.22 7,962.36 104 7,962.36 72.92 26.54 46.38 7,915.98 105 7,915.98 72.92 26.39 46.53 7,869.44 106 7,869.44 72.92 26.23 46.69 7,822.76 107 7,822.76 72.92 26.08 46.84 7,775,91 108 7,775.91 72.92 25.92 47.00 7,728.91 109 7.728.91 72.92 25.76 47.16 7,681.75 110 7,681.75 72.92 25.61 47.31 7,634.44 111 7,634.44 72.92 25.45 47.47 7,586.97 112 1,586.97 72.92 25.29 47.63 7,539.34 113 7,539.34 72.92 25.13 47.79 7,491.55 114 7.491.55 72.92 24.97 47.95 7,443.60 115 7,443.60 72.92 24.81 48.11 7,395.49 '116 7,395.49 72.92 24.65 48.27 7,347.22 117 7,347.22 72.92 24.49 48.43 7,298.79 118 7,298.79 72.92 24.33 48.59 7,250.20 119 7,250.20 72.92 24.17 48.75 7,201.45 120 7,20'1.45 72.92 24.00 48.92 7,152.54 121 7.152.54 72.92 23.84 4\l.08 7,103,46 122 7,103.46 72.92 23.68 49.24 7,054.22 123 7,054.22 72.92 23.51 49.41 7,004.81 124 7,004.81 72.92 23.35 49.57 6,955.24 125 6,955.24 . 72.92 23.18 49.74 6,905.50 126 6,905.50 72.92 23.02 49.90 6,855.60 127 6,855.60 72.92 22.85 50.07 6,805.53 128 6,805.53 72.92 22.69 50.23 6,755.30 129 6,755.30 72.92 22.52 50.40 6,704.90 130 6,704.90 72.92 22.35 50.57 6,654.33 131 6,654.33 72.92 22.18 50.74 6,603.59 132 6,603.59 72.92 22.01 50.91 6,552.68 133 6,552.68 72.92 21.8f, 61.01 0.501.60 Page 2 ~ ' , , " ~ ' . , Bozeman Interfaith II Impact Fee Loan Amortization 134 6,501.60 72.92 21.67 51.25 6,450.35 135 6,450.35 72.92 21.50 51.42 6,398.94 136 6,398.94 72.92 21.33 51.59 6,347.35 137 6,347.35 72.92 21.16 51.76 6,295.58 138 6,295.58 72.92 20.99 51.93 6,243,65 139 6,:243.65 72.92 20.81 52.11 6,191.54 140 6,191.54 72.92 20.64 52.28 6,139.26 141 6,139.26 72.92 20.46 52.46 6,086.80 142 6,086.80 72.92 20.29 52.63 6,034.17 143 6,034.17 72.92 20.11 52.81 5,981.37 144 5,981.37 72.92 19.94 52.98 5,928.38 145 5,928.38 72.92 19.76 53.16 5.875.23 146 5,875.23 72.92 '19.58 53.34 5,821.89 147 5,821.89 72.92 19.41 53.51 5,768.38 148 5,768.38 72.92 19.23 53.69 5,714.68 149 5,714.68 72.92 19.05 53.87 5,660.81 '150 5.660.81 72.92 18.87 54.05 5,606.76 151 5,606.76 72.92 18.69 54.23 5,552.53 152 5,552.53 72.92 18.51 54.41 5,498.12 153 5,498.12 72,92 18.33 54.59 5,443.53 154 5,443.53 72.92 18.15 54.77 5,388.75 155 5.388.75 72.92 17.96 54.96 5,333.79 156 5,333.79 72.92 17.78 55.14 5,278.65 157 5,278.65 72.92 17.60 55.32 5,223.33 158 5,223.33 72.92 17.41 55.51 5,167.82 159 5,157.82 72.92 17.23 55.69 5,112.13 160 5,112.13 72.92 17.04 55.88 5,056.25 161 5,056.25 72.92 16.85 56.07 5,000.18 162 5,000,18 72.92 16.67 56.25 4,943.93 163 4,943.93 72.92 16.48 56.44 4,887.49 164 4,887.49 72.92 16.29 56.63 4,830.86 165 4,830.86 72.92 16.10 56.82 4.774.04 166 4,774.04 72.92 15.91 57.01 4,717.04 167 4,717 .04 72.92 15.72 57.20 4,659.84 168 4,659.84 72,92 15.53 57.39 4,602.45 169 4,602.45 72.92 15.34 57.58 4,544.87 170 4,544.87 72.92 15.15 57.77 4,487.10 171 4,487.10 72.92 14.96 57.96 4,429.14 172 4,429.14 72.92 14.76 58.16 4,370.98 173 4,370.98 72.92 14.57 58.35 4,312.63 174 4,312.63 72.92 14.38 58.54 4,254.09 175 4,254.09 72.92 14.18 58.74 4,195.35 176 4,195.35 72.92 13.98 58.94 4,136.41 177 4,136.41 72.92 13.79 59.13 4,077.28 178 4,077 .28 72.92 13.59 59.33 4,017.95 179 4,017.95 72.92 13.39 59.53 3,958.43 180 3,958.43 72.92 13.19 59.73 3,898.70 181 3,898.70 72.92 13.00 59.92 3,838.78 182 3,838.78 72.92 12.80 60.12 3,778.65 183 3,778.65 72.92 12.60 60.32 3,718.33 184 3,718.33 72.92 12.39 60.53 3,657.80 185 3,657.80 72,92 12.19 60.73 3,597.08 186 3,597.08 72.92 11.99 60.93 3,536.15 187 3,536.15 72.92 11.79 61.13 3,475.01 188 3,475.01 72.92 11.58 61.34 3,413.68 189 3,413.68 72.92 11.38 61.54 3,352.14 190 3,352.14 72.92 11.17 61.75 3,290.39 191 3,290.39 72.92 10.97 61.95 3,228.44 192 3,228.44 72.92 10.76 62.16 3,166.28 193 3,166.28 72.92 10.55 62.37 3.103.91 194 3,103.91 '72.92 10.35 62.57 3,041.34 195 3,041.34 72.92 10.14 62.78 2,978.56 196 2,978.56 72.92 9.93 62.99 2,915.57 197 2,915.57 72.92 9.72 63.20 2,852.36 198 2,852.36 72.92 9.51 63.41 2,788.95 199 2,788.95 72.92 9.30 63.62 2,725.33 200 2,725.33 72.92 9.08 63,84 2,661.49 201 2,661.49 72.92 8.87 64.05 2,597.44 202 2,597.44 72.&2 1.66 64.:>> 2,533.18 Page 3 . ' , . . .. \ Bozeman Interfaith II Impact Fee Loan Amortization 203 2,533.18 72.92 8.44 64.48 2,468.71 204 2,468.71 72.92 8.23 64.69 2,404.02 205 2,404.02 72.92 8.01 64.91 2,339.11 206 2,339.11 72.92 7.80 65.12 2,273.99 207 2,273.99 72.92 7.58 65.34 2.208.65 208 2,208.65 72.92 7.36 65.56 2,143.09 209 2,143.09 72.92 7.14 65.78 2,077.31 210 2,077.31 72.92 6.92 66.00 2,011.32 211 2,011.32 72.92 6.70 66.22 1,945.10 212 1,945.10 72.92 6.48 66.44 1,878.66 213 1,878.68 72.92 6.26 66.66 1,812.01 214 1,812.01 72.92 6.04 66.88 1,745.13 215 1,745.13 72.92 5.82 67.10 1,678.02 216 1,678.02 72.92 5.59 67.33 1,610.70 217 1,6'10.'70 72.92 5.37 67.55 1,543.15 218 1,543.15 72.92 5.14 67.78 1,475.37 219 " ,475.37 72.92 4.92 68.00 1,407.37 220 1,407.37 72.92 4.69 68.23 1,339.14 221 1,339.14 72,92 4.46 68.46 1,270.68 222 1,270.66 72.92 4,24 68.68 1,202.00 223 1,202.00 72.92 4.01 68.91 1,133.08 224 1,133.06 72.92 3.78 69.14 1,063.94 225 1,063.94 72.92 3.55 69.37 994.57 226 994.57 72.92 3.32 69.60 924.96 227 924.96 72.92 3.08 69.84 855.13 228 855.13 72.92 2.85 70,07 785.06 229 785.06 72.92 2.62 70.30 714.75 230 714.75 72.92 2.38 70.54 644.22 231 644.22 72.92 2.15 70.77 573.44 232 573.44 72.92 1.91 71.01 502.44 233 502.44 72.92 1.67 71.25 431.19 234 431.19 72.92 1.44 71.48 359.71 235 359.71 72.92 1.20 71.72 287.99 236 287.99 72.92 0.96 71.96 216.03 237 216.03 72.92 0.72 72.20 143.83 238 143.63 72.92 0.48 72.44 71.39 239 71.39 71.62 0.24 71.36 0.00 Page 4 (/i'\ . '. . ,~\ ' · '. · u ~ ' filM 179PACl4299 ('7) KOIIITARA TRUST IJiDBHTURB ~ THIS TRUST INDENTURE, Made this l'fA day of f'/Oile-7h'3d( , ~ 1997, between BOZEMAN INTERFAITH HOUSING, INC. [II] (INTERFAITH) ~ whose mailing address is P.O. Box 7090, Bozeman, Montana 59771- , t ~ \:j':, 7090, as GRANTOR, PAUL J. LUWE, Bozeman City Attorney, with ~ principal office at 411 East Main Street, as TRUSTEE, and CITY OF ~ BOZEMAN, with principal office at 411 East Main Street, Bozeman, Y) Montana, as BENEFICIARY, WITNESSETH: That Grantor hereby irrevocably GRANTS, BARGAINS, SELLS, CONVEYS AND WARRANTS TO TRUSTEE IN TRUST, nevertheless, WITH POWER OF SALE, that certain real property, which does not exceed thirty (30) acres in area, situated in the County of Gallatin, State of Montana, particularly described as follows, to-wit: .~.iilil:il\"'_T. .......................... ........ .. TOGETHER WITH: (1) All buildings, fixtures and improvements thereon and all water rights, rights-of-way, tenements, hereditaments, privileges and appurtenances thereunto belonging, now owned or hereafter acquired, however evidenced, used or enjoyed with said premises or belonging to the same; (2) All right, title and interest hereafter acquired in or to any of said premises, hereby also releasing, relinquishing and waiving all exemptions, rights of surviving spouse and homes'tead in or to said premises, vested or inchoate; (3) All heating, air conditioning, plumbing and lighting facilities, equipment and fixtures now or hereafter installed upon or within said premises, used or proper or necessary to constitute the said premises a habitable, usable or operating unit-all of said property being designated and deemed for the purposes of this instrument a part of the realty: and (4) All of the rents, issues and profits of said premises, SUBJECT, HOWEVER, to the right, power and authority hereinafter conferred upon Beneficiary to collect and apply such rents, issues and profits; FOR THE PURPOSE OF SECURING: (1) Payment of the principal sum of Twelve Thousand and No/IOO Dollars ($12,000.00) with interest 1 . ' I ,.. t I .II " Hl ~ 179 PACf43bJ , . thereon according to the terms of a promissory note, dated August 28, 1997, (and any extensions and/or renewals or modifications thereof), made by Grantor payable to the order of Beneficiary in monthly installments of Seventy-two and 92/100 Dollars ($72.92), and the last payment of Seventy-one and 73/100 Dollars ($71.39); (2) Payment of all sums expended or advanced by Beneficiary under or pursuant to the terms hereof, together with interest thereon as herein provided; and (3) Performance of each agreement of Grantor herein and in said note contained. TO PROTECT THE SECURITY OF THIS TRUST INDENTURE, AND FOR OTHER PURPOSES, GRANTOR AGREES: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete and restore promptly and in a good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws, covenants and restrictions affecting said property; not to commit or permit waste thereof; not commit, suffer or permit any act upon said property in violation of the law; to do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general; and if the loan secured hereby or any part thereof is being obtained for the purpose of financing construction of improvements on said property, Grantor further agrees: (a) To commence construction promptly and to pursue the same with reasonable diligence to completion in accordance with plans and specifications satisfactory to the Beneficiary, and (b) To allow Beneficiary to inspect said property at all times during construction. Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Grantor under this numbered paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon as provided in this instrument, and as allowed by law. 2. To provide, maintain and deliver to Beneficiary, insurance of such type or types and amounts as Beneficiary may require, on the improvements now existing or hereafter erected or placed on said property. Such insurance shall be carried in companies approved by the Beneficiary with loss payable clause in favor of and in form acceptable to Beneficiary. In the event of loss, Grantor shall give immediate notice to Beneficiary, who may make proof of loss and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Beneficiary instead of to Grantor and Beneficiary jointly, and the insurance proceeds, or any part thereof, may be applied by 2 ,.. I \ ~ " . . . l filM 179 PAtl430'- Beneficiary, at its option, to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. J. To deliver to, pay for and maintain with Beneficiary until the indebtedness secured hereby is paid in full, such evidence of title as Beneficiary may require, including abstracts of title or policies of title insurance and any extensions or renewals thereof or supplements thereto. 4. To pay before delinquent all taxes and assessments, including interest and penal ties, affecting said premises and improvements; to promptly pay and discharge all encumbrances, charges and liens on said property which at any time are, or appear to be, prior or superior hereto. In addition to the payments due in accordance with the terms of the note hereby secured, Grantor shall, at the option and on demand of the Beneficiary, pay to the Beneficiary monthly and concurrently with payment of principal and interest, a sum equal to one-twelfth (1/12) of the annual taxes, assessments, insurance premiums, maintenance and other charges upon the property, as estimated by the Beneficiary, in trust nevertheless for Grantor's use and benefit and for payment by Beneficiary of any such items when due. The failure of Grantor to make any such payments shall constitute a default under this trust. 5. Except as otherwise expressly provided herein, to pay all costs, fees and expenses of this trust, including cost of search and evidence of title, advertising and recording expense, documentary taxes and Trustee's and attorney's fees as allowed by law. 6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, without obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes. 7. To pay immediately and without demand all sums expended hereunder by Beneficiary or Trustee, with interest from date of expenditure at the rate of eight percent (8%) per annum until paid, and the payment thereof shall be secured hereby. IT IS MUTUALLY AGREED THAT: 8. Without affecting the liability of any person, including Grantor, for the payment of any indebtedness secured hereby, or the lien of this Trust Indenture on the remainder of the property for the full amount of any indebtedness unpaid, Beneficiary and Trustee are respectively empowered as follows; Beneficiary may from time to 3 ,. . ~ ., . time and without notice: filM 179fACf43ti2 (a) Release any person liable for payment of any of the indebtedness, (b) Extend the time or otherwise alter the terms of payment of any of the indebtedness, (c) Alter, substitute or release any property securing the indebtedness: Trustee may, at any time and from time to time, upon the written request of Beneficiary: (a) Consent to the making of any map or plat of the property, (b) Join in granting any easement or creating any restriction thereon, (c) Join in any subordination or other agreement affecting this Trust Indenture or lien or charge thereof, (d) Reconvey, without warranty, all or any part of the property. 9a. Both parties agree that Beneficiary may, if Beneficiary so elects, procure and thereafter continue during the term of this Indenture, for as long as Beneficiary desires, a form of insurance acceptable to Beneficiary insuring Beneficiary against any loss sustained by Beneficiary by reason of any default in payment by Grantor of the secured indebtedness. If Beneficiary elects to procure such insurance, Grantor shall promptly reimburse Beneficiary the full amount of the initial premium for such insurance. During the term of this Indenture, Grantor shall each month deposit in escrow with Beneficiary 1/12th of the next following anticipated annual premium for such insurance, said deposit to be made at the same time and place as Grantor makes monthly payments on the aforementioned promissory note. Beneficiary may thereafter pay all annual renewal premiums from such escrow. Should the amount deposited in escrow be insufficient to pay any renewal premium in full as the same become due, Grantor shall immediately upon demand deposit with or pay to Beneficiary such additional amount as may be sufficient to pay the renewal premium in full. Failure of Grantor to payor deposit any of the amounts referred to herein shall constitute a default of the terms of this Indenture. Mortgagor further agrees to deposit in escrow with Beneficiary 1/12 of the annual premium for hazard insurance coverage and annual taxes and assessments each month. Failure of the Grantor to deposit any of the above amounts in the escrow account shall constitute a default of the terms of this indenture. 9b. Upon written request of Beneficiary stating that all sums 4 .,", ~ l ,I. ~ l . , . nLH 179 PAcr 4Jii.l secured hereby have been paid, and upon surrender of this Trust Indenture and said note to Trustee for cancellation and retention and upon payment by Beneficiary of its fees, Trustee shall reconvey to Grantor, without warranty, the property then held hereunder. 10. As additional security, Grantor hereby assigns to Beneficiary, during the continuance of these trusts, all rents, issues, royalties, and profits of the property affected by this Trust Indenture and of any personal property located thereon. Until Grantor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Grantor shall have the right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and payable. If Grantor shall default as aforesaid, Grantor's right to collect any of such monies shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, royalties, issues, and profits. Failure or discontinuance of Beneficiary at any time or from time to time to collect any such monies shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to collect the same. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien or charge of this Trust Indenture to any such tenancy, lease or option. 11. Upon any default by Grantor hereunder, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court (Grantor hereby consenting to the appointment of Beneficiary as such receiver), and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in its own name sue for or otherwise collect said rents, issues, and profits, including those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. 12. The entering upon and taking possession of said property, the collection of such rents, issues, and profits or the proceeds of fire or other insurance policies, or compensation or awards for any taking or damage of said property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 13. Time is of the essence hereof. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of the 5 )... ~) J, .I I 'j A , . nut 179,aC{4Jt)1 Beneficiary. Beneficiary shall deposit with Trustee the note and all documents evidencing expenditures secured hereby. 14. After the lapse of such time as may then be required by law following the recordation of notice of sale, Trustee, or its attorney, without demand on Grantor, shall sell said property on the date and at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine (but subject to any statutory right of Grantor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in cash in lawful money of the United states at the time of sale. The person conducting the sale may, for any cause he deems expedient, postpone the sale for a period not exceeding fifteen (15) days, or such additional period as may be allowed by law, by public proclamation by such person at the time and place fixed in the notice of sale, and no other notice of the postponed sale need be given. Trustee shall execute and deliver to the purchaser its deed conveying said property so sold, but without any covenant of warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person including Beneficiary (but excluding Trustee) may bid at the sale. After deducting all costs and expenses of exercising the power of sale and of the sale, including cost of search and evidence of title, advertising and recording expense, documentary taxes and Trustees' and attorney's fees, Trustee shall apply the proceeds of sale to payment of all amounts secured hereby and due hereunder, including all sums expended by the Trustee and Beneficiary, or either of them, with accrued interest thereon at the rate of eight percent (8%) per annum from the date of expenditure thereof, and the surplus, if any, to the person or persons legally entitled thereto; provided that the Trustee, in its discretion, may deposit such surplus with the County Clerk and Recorder of the county in which the sale took place. 15. Grantor agrees to surrender possession of the hereinabove described trust property to the purchaser at the aforesaid sale on the tenth (10th) day following said sale, in the event such possession has not previously been delivered by Grantor. 16. Each abstract of title, title insurance policy and all other evidences of title, and all hazard insurance policies placed or deposited with the Beneficiary shall be deemed an incident to the title to the trust property and upon foreclosure by exercise of power of sale, or otherwise, shall pass to the purchaser and the same are hereby pledged as additional security for payment of the indebtedness secured hereby. 17. Upon the occurrence of any default hereunder, Beneficiary shall have the option to declare all sums secured hereby immediately due and payable and foreclose this Trust Indenture in 6 '" .." ,l L ~ · ., ... . .. . , nu~ 179 PACf4JQ5 the manner provided by law for the foreclosure of mortgages on real property and Beneficiary shall be entitled to recover in such proceedings all costs and expenses incident thereto, including a reasonable attorney's fee in such amount as shall be fixed by the Court. 18. Except as may be otherwise provided herein, Grantor agrees to pay to Beneficiary or Trustee the costs and expenses, including a reasonable attorney's fee, incurred by either of them in instituting, prosecuting or defending any Court action in which Grantor does not prevail, if such action involves the interpretation hereof or performance hereunder by a party hereto or the breach of any provision hereof by a party hereto, including but not limited to an action to obtain possession of the above described property after exercise of the power of sale granted hereunder. 19. This Trust Indenture shall apply to, inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. All obligations of the Grantor hereunder are j oint and several. The term "Beneficiary" shall mean the owner and holder, including any pledgee, of the note secured hereby. In this Trust Indenture, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 20. Trustee accepts this Trust when this Trust Indenture, duly executed and acknowledged, is made a pUblic record as provided by law. Trustee is not obligated to notify any party hereto of a pending sale under any other trust indenture or of any action or proceeding in which Grantor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. 21. This Trust Indenture is made within the State of Montana pursuant to the Small Tract Financing Act of Montana and is not made or taken in substitution for any mortgage in existence on the effective date of said Act. 22. Grantor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at the address hereinabove set forth. 23. Upon recordation of any security instrument, including but not limited to a trust indenture or mortgage, between Grantor and the Montana Board of Housing or between Grantor and the Montana Department of Commerce, this trust indenture shall be subordinate to the lien of the Montana Board of Housing or Montana Department of Commerce security instrument or instruments. IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first hereinabove written. 7 ~ , , . " " . , . . . fftH I 179 PAGf4.~ I ~. ~ t..-::>....z,.-'-' 7-.........-. . 13 t N- J...1.J STATE OF MONTANA ) ) ss, County of Gallatin ) On this /q~ day of N DIl riYlW , 1997, before me, a Notary Public for the State of Montana, personally appeared the REVEREND GLOVER WAGNER, known to me to be the President of the Bozeman Interfaith Housing, Inc. (II) and the person(s) whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for and on behalf of the Bozeman Interfaith Housing, Inc. (II) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial !l1l1\1 the day and year first above cen. .....'i~ 8..... J!u) .. ,l~~ gg../~/;... ':rJA ( . '~ 'It' ..'.g .. ~~ ,- 'tJ/Ii :A.." ... \ :,": q' / TARIA \ o. Notary Public for the ftate of ;; "" i ~O L l"': Montana. res id ing at bo~ e '" f:; I-l M'ffM C~ ::: ~ SE.Al, i : My commission Expires .'I.J'rd(j \ t;()~~, ,'; I "Q'l' ..~# ..~ ~,..... ~.. ~ !II' ~_~Jj g...~~ :\~ ....lIti -.q",,:C OF MO~..~..lIti ..'~.u","<I" 8 '.. ' ~ . ~ > . . . " fltM 179 PACf 4JW REQUEST FOR FULL RECONVEYANCE TO: TRUSTEE 1997 The undersigned is the legal owner and holder of the note and all other indebtedness secured by said Trust Indenture, has been fully paid and satisfied and you are hereby requested and directed on payment to you of any sums owing to you under the terms of said Trust Indenture, to cancel said note above mentioned and all other evidences of indebtedness secured by said Trust Indenture delivered to 11111you herewith, together with said Trust Indenture and to reconvey, without warranty, to the parties designated by the terms of said Trust Indenture, all the estate now held by you thereunder. Mail reconveyance to: city of Bozeman, P.O. Box 640, Bozeman, Montana 59771-0640 356255 State of MORt.. County of Gallatin. ss Filed fGr reoord DECEMBER 19 _.' 19-!ll- at 3: 55 .J~j' ~JfSJrdf)d In Book -1l..L of MORT~S page 4299 ___ ' Ricardar. By qJlJU~ nillun ' Deputy FEE: $54.00 RT: SECURITY TITLE CO 9