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PROMISSORY NOTE <br /> <br /> Pleasanton, California <br /> February 18, 1992 <br /> Amount: $10,455.39 <br /> <br /> FOR THE VALUE RECEIVED, the undersigned promise(s) to pay to <br />the order of the City of Pleasanton the sum of Ten Thousand Four <br />Hundred Fifty-Five Dollars and Thirty-Nine Cents ($10,455.39), <br />and to pay interest on the unpaid principal amount of this Note <br />from the date hereof, until paid. The initial rate of interest <br />is 3.75% per annum and represents one-half of the rate of <br />interest set by the Bank of America's reference rate. Said <br />interest rate shall be adjusted every six months from the date <br />hereof. <br /> <br /> Both the principal and interest on this Note are payable on <br />the First Day of Each Month in sixty (60) monthly installments, <br />including both principal and interest, commencing with a payment <br />of $191.37 on April 1, 1992 and of $191.37 the First Day of Each <br />Month for the next five (5) months commencing on April 1, 1992 in <br />lawful money of the United States at the principal office of the <br />City of Pleasanton, 123 Main Street in Pleasanton, California or <br />such other place as shall be designated by the City of <br />Pleasanton. The City of Pleasanton shall notify the undersigned <br />of any change in the monthly installment every six (6) months. <br /> <br /> The undersigned reserve(s) the right to prepay at any time <br />all or any part of the principal amount of this Note without the <br />payment of penalties or premiums. All payments on this Note <br />shall be applied first to the interest due on the Note, and then <br />to the principal due on the Note, and the remaining balance shall <br />be applied to late charges, if any. <br /> <br /> IN THE EVENT the undersigned shall fail to pay the interest <br />on or principal amount of this Note when due, and if such failure <br />be subsisting on the date the next installment payment under this <br />Note becomes due and payable, the unpaid principal amount of this <br />Note, together with accrued interest and late charges, shall <br />become due and payable, at the option of the City of Pleasanton, <br />without notice to the undersigned. Failure of the City to <br />exercise such option shall not constitute a waiver of such <br />default. No default shall exist by reason of nonpayment of any <br />required installment of principal and interest so long as the <br />amount of optional prepayments already made pursuant hereto <br />equals or exceeds the amount of the required installments. If <br />the interest on, and principal of, this Note are not paid during <br />the calendar month which includes the due date, the undersigned <br />shall pay to the City of Pleasanton a late charge of 4% per <br />calendar month, or fraction thereof, on the amount past due and <br />remaining unpaid. <br /> <br /> - 1 - <br /> <br /> <br />