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Promissory Note & Repayment Agreement VI ,- .--\ PROMISSORY NOTE And REPAYMENT AGREEMENT This Promissory Note and Repayment Agreement is entered into this 18th day of March, 2010 by Ravey Investments, LLC ("Ravey") and the City of Salina, Kansas ("City"). Recitals A. Ravey owns Lot 80 on Seventh Street, Original Town of Salina, Saline County, Kansas (the "Property") upon which is located what is commonly known as Wood Fashion Plaza, the subunits of which are addressed 157 N. Seventh, 203 W. Ash, 205 W. Ash, 207 W. Ash, and 209 W. Ash. B. Ravey will apply for participation in the City of Salina Neighborhood Revitalization Program (the "Program) in anticipation of a rebate of property taxes paid on the Property for 2011 and so long thereafter as the Program allows and Ravey remains qualified. C. For the public purpose of promoting public safety and Salina Building Code compliance, the City has incurred the charges of Glass Services in the amount of $2,425.24 for'doorway modifications to certain Wood Fashion Plaza subunit storefronts necessary to eliminate obstruction of the City's right-of-way. D. Ravey desires to promise to repay the City for the cost of the doorway modifications and to secure the repayment obligation with a pledge of any rebate to which Ravey is entitled pursuant to the Program. THEREFORE: 1. Promise to Pay. Ravey promises to pay to the City the sum of $2,425.24 (the "Principal") in accordance with the terms outlined below. 2. Interest. The Principal shall not bear interest if timely repaid. Any past due amounts of the ~rincipal shall bear compounding interest at the rate of 1.5% per month until paid in full (the "Interest"). 3. Pledge of Rebate and Payment of Principal. To the extent Ravey's application for participation in the Program is approved for a partial rebate of 2011 property taxes on the Property, Ravey pledges any property tax rebate for which it may qualify pursuant to the Program and consents to the direct payment of the Principal first from any such rebate payment or payments as may be necessary to fully pay the Principal prior to payment of any of the rebate to Ravey. :./ .. 4. Disapproval of Application. To the extent Ravey's application for participation in the Program is not approved for a partial rebate of the 2011 property taxes, the Principal shall be due and payable in full no later than December 31,2011. To the extent any the Principal becomes due and payable pursuant to this paragraph, but remains unpaid as of December 31, 2011, the City may elect to either (a) pursue the unpaid Principal and Interest as a debt of Ravey or (b) levy and certify to the Saline County Clerk the unpaid Principal and Interest as an assessment against the Property. 5. Legal Fees Incurred in Collection. Any legal fees incurred by the City in enforcing Ravey's obligation hereunder shall be recoverable by the City against Ravey in the same manner as payment of the Principal under either paragraph 3 or 4 above. 6. Binding Obligation. This instrument shall be binding upon and inure to the benefit of the parties and their successors and assigns. EXECUTED by the duly authorized officers of the respective parties the day and year first written above. RA VEY INVES:E~ By: IV\. es M. Ravenkamp, President CITY OF SALINA, KANSAS By: ATTEST: A. ALYSSA URBAN ~ Notary Public - tate of KaPJas My Appt. Expires 0