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HomeMy WebLinkAbout810378.tiff BOOK Recorded at col -/ 7 ;clock /2 JAN 1 4 1981 CD 925 1846965 g Rec. No. ° it te44 ORDINANCE NO. 86 57-/ State of Cofdo, Weld County Clerk & Recorder IN THE MATTER OF INDUSTRIAL REVENUE BONDS FOR EUGENE J. HESSE, M.D. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: iD WHEREAS , Weld County, Colorado (the "County") , is authorized by Title 29 , Article 3, Part 1, Colorado Revised Statutes 1973 , 9 as amended (the "Act") , to issue revenue bonds for the purpose of r` financing one or more projects, including any land, building or other improvements and all real or personal properties suitable or used for or in connection with a manufacturing, industrial, commercial, agriculture or business enterprise, and to enter into a financing agreement with respect to the project with a user pro- viding for payment to the County of revenues sufficient for the payment of the principal of and interest on the bonds, and WHEREAS, by a resolution duly adopted on December 17 , 1980 , (the "Inducement Resolution") , the County committed itself to issue such bonds in an aggregate principal amount not to exceed $110 , 000 in accordance with the provisions of the Act and subject to the terms set forth in the Memorandum of Agreement attached to the Inducement Resolution, for the purpose of financing the cost of acquiring, improving and equipping a building located within the County, and all necessary and appurtenant real and personal pro- perties, whether or not now in existence, constituting primarily a medical facility with the remaining space leased for business and commercial purposes, (the "Project") , and WHEREAS, the funds from the proceeds of the bond issue will be made available to Eugene J. Hesse, M.D. (the "Borrower") , and WHEREAS, the following documents have been submitted to the Board of County Commissioners (the "Board") and filed in the office of the County Clerk and Recorder (the "Clerk") and are there available for public inspection: (a) a Loan Agreement, dated as of February 16 , 1981 (the "Loan Agreement") , proposed to be made and entered into among the County, the Borrower and United Bank of LaSalle, LaSalle, Colorado, (the "Bank") . �l 810378 BOOK 925 1846965 (b) a Combination Mortgage and Security Agreement, dated as of February 16 , 1981 (the "Mortgage") , proposed to be made and entered into between the Borrower and the Bank, WHEREAS, the Board desires to authorize the issuance of Weld County, Colorado, Industrial Development Revenue Bond (LaSalle Medical Clinic Project) , Series 1981, dated as of the date of the delivery of the Bonds and in the form of Bond attached hereto as Exhibit B, in the principal amount of $110, 000 (the "Series 1981 Bond") , and WHEREAS, it is necessary to authorize the issuance of the Series 1981 Bond by Ordinance and to approve the form and authorize the execution of documents in connection with the issuance thereof : NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of Weld County, Colorado, that: Section 1. Approvals and Authorizations. The forms of the Loan Agreement and Mortgage are hereby approved. The Chairman of the Board and the County Clerk are hereby authorized and directed to execute the Agreement and affix the seal of the County thereto, and further to execute and authenticate such other docu- ments, instruments or certificates as are deemed necessary or desirable by bond counsel in order to issue and secure the Series 1981 Bond. Such documents are to be exectued in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised to conform to the intent of the Bank, the Borrower and the County concerning the purchase of the Series 1981 Bond by the Bank, or as deemed necessary by the parties thereto in order to carry out the purposes of this Bond Ordinance. Copies of all of the documents shall be delivered, filed and recorded as provided therein. The proper officers of the County are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the County relating to the Series 1981 Bond and such other affidavits and certificates as may be required to show the facts relating to the authorization -2- 60OK 925 1846965 and issuance thereof as such facts appear from the books and S 3 records in such officers ' custody and control or as otherwise known to them. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, including interest rates and any numbers derived therefrom, deletions there- from and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any instrument by the appropriate officers of the County herein authorized shall be conclusive evidence of the approval by the County of such instru- ment in accordance with the terms hereof. Section 2 . Issuance and Sale of Bonds. The County shall issue its Industrial Development Revenue Bond (LaSalle Medical Clinic Project) Series 1981, dated as of the date of delivery, in the total principal amount of $110 ,000 , for the purpose, in the form and upon the terms set forth in this Bond Ordinance, the Loan Agreement, the Mortgage, and the form of the Bond attached hereto as Exhibit B. The maximum net effective interest rate authorized for the Series 1981 Bond is nine percent (9%) . The Series 1981 Bond shall be payable in the manner and upon the conditions set forth in the Loan Agreement. Section 3. Determinations. It is hereby found, determined and declared that: (a) the amount necessary in each year to pay the principal of and the interest on the Series 1981 Bond is as set forth in Exhibit A attached hereto; (b) no reserve fund shall be established in connection with the issuance of the Series 1981 Bond; (c) the Loan Agreement provides that the Borrower shall maintain the Project and carry all proper insurance with respect thereto; (d) the Loan Agreement requires that the Borrower pay the taxes which the taxing entities specified in Section 29-3-120 (3) of the Act are entitled to receive with respect to the Project; -3- eon 925 1846965 '-'I (e) the payments required in the Loan Agreement to be made are sufficient to pay the principal of, interest on, and any premium due in connection with the Series 1981 Bond when due and to pay all other costs required in the Loan Agreement to be made. Section 4 . Nature of Obligation. Under the provisions of the Act, and as provided in the Loan Agreement, the Series 1981 Bond shall be a special, limited obligation of the County payable solely from, and secured by a pledge of, the revenues as stated in the Loan Agreement and shall be further secured by the lien of the Combination Mortgage and Security Agreement upon the Pro- ject. The County will not pledge any of its property or secure the payment of the Series 1981 Bond with its property. The Series 1981 Bond shall never constitute the debt or indebtedness of the County within the meaning of any provision or limitation of the State Constitution or statutes and shall not constitute nor give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers . In entering into the Loan Agreement, the County will not obligate itself, except with respect to the Project and the application of the revenues therefrom and bond proceeds therefor. The County will not pay out of its general fund or otherwise contribute any part of the Cost of the Project (as said term is defined in the Loan Agreement) . Section 5 . Bond Ordinance Irrepealable. After the Series 1981 Bond is issued, the Bond Ordinance shall constitute an irre- vocable contract between the County and the holder or holders of the Series 1981 Bond and shall be and remain irrepealable until the Series 1981 Bond, both principal and interest, shall be fully paid, cancelled and discharged. Section 6. Ratification. All action heretofore taken by the County and by the officers thereof not inconsistent herewith directed toward the financing of the Project and the issuance and sale of the Series 1981 Bond is hereby ratified, approved and confirmed. Section 7. Repealer. All acts , orders, resolutions, or parts thereof, taken by the County and in conflict with this -4- 925 1846985 Sr-C Bond Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, resolution, or part thereof, heretofore repealed. Section 8. Severability. If any paragraph, clause or provision of this Bond Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or in- validate the remaining paragraphs, clauses or provisions hereof. Section 9 . Effective Date. This Bond Ordinance shall take effect upon passage and adoption. Section 10 . Declaration of Emergency. Due to the lack of time for the issuance of said Industrical Revenue Bonds and so as not to jeopardize the issuance of said bonds, the Board of County Commissioners of Weld County, Colorado, pursuant to Section 3-14 (6) of the Weld County Home Rule Charter, does hereby declare this Ordinance to be an emergency Ordinance. The above and foregoing Ordinance No. 86 was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS ATTEST: �/t,,, ///La..ati_ _'t. WELD COUNTY, COLORADO Weld County Aerk and Recorder 7-7 _ „ and Clerk to the Board Chuck Carlson, Chairman BY: to C,(1�k 4, r .t.�... d.-, Deputy County Clerk Norman Carlson, Pro-Tem APPR ED AS TO FORM: � , 7 C C. W. K rby O 7 /, upty Atto ney '-� -Fa � n Martin ., A .I. C A ne K. St571,1-1-t. inmark � t op' � A . / PRESENTED: JANUARY 14, 1981 PUBLISHED: JANUARY 22, 1981 -5- Wet),Series 1961,dated as of the date of the delivery of the Bonds and in the hed hereto asNExhibit Etrmal Bald a in c the rincipal amount of{tib,000(the AFFIDAVIT OF PUBLICATION PUBLICNOTICE 'Series 1881 Bond"), and onata ANCU1 j40.96 WHEREAS,it L necessary to authorize the issuance of the THE JOHNSTOWN BREEZE "nagiTR Series YB81 Bond by Ordinance BBB7rrr�'e; and to approve the form and STATE OF COLORADO ) - (i��Fy J M D. authorizeihe execution of deen- •>��$ir Tr ments in connection with the ) Ss al,� TY CUM- issuance thereof: N, 1� WELD COUNTY OF WELD Now ED by the E BE IT I, Clyde Briggs, do solemnly swear that I ORDAINED Commissioners is the s ogoal, W of Y go , NHadof, Weld County, County O olorad, that:f std am publisher of The Johnstown Breeze; Colorado tthhe "County"), is County, Colorado. that; authorized Title u,Article athat the same is a weekly newspaper Part 1, --Colorado Revised Section 1. Approvals sad Statutes 1973, as amended (the Authorisations. eformeoftiw printed, in whole or in part, and published T "Act'), to issue revenue bonds Loan Agreement and M°`ci�r° in the County of Weld, State of Colorado, far the purpose of mro are hereby approved.TTe armcs.ebu any man of the Board and the connnty and has a general circulation therein; that or ether e- Clerk are hereby authorized and m and real orrpers al directed to execute the Agra said newspaper has been published n aopropertiesen ft nn a many- , oCoun for or t and affix{y thereto,the aand'further m continuously and uninterruptedly in said trctdring. eessmer- execute and authenticate such County of Weld for a period of more than cial, agriculture or business - other documents, instruments eennterprissee and to enter into a or certificates as are deemed fifty-two consecutive weeks prior to the enancin`,agreem t with re- nee eesary or desirable by bond sped to he wwitth touter coimel 1n order to issue and first publication of the annexed legal notice providing of te of secure the Series 1081 Bond. or advertisement; that said newspaper has minty off menu ode principal_ Such documents are to the Duds executed in wDs are the e been admitted to the United States mails as form ed that hereinabove approved, WHEREAS, by a resoluyon provided that such d ymente second-class matter under the provisions of on December 11, be completed,corrected or dull,( ,teaMt"Inducement ryevvlentocatormmme intent the Act of March 3, 1879, or any yon ) the County committed thti1Bounty the Boto ning the and amendments thereof, and that said itself to issue such bonds in an the Caseof contenting ore rmcl amount not byr�he Bof anthe. Series ss 1961 Bond newspaper is a weekly newspaper duly tiry the Bank or as deemed e th el si inaf the nc necessaryb caertiesthereto qualified for publishing legal notices and andd subject to of s Act set in order to car out the forth in one of dam of purpose, of this Ordin advertisements within the meaning of the Meal, once. Copies of all of the Agreement. a cited to the documents shall be delivered laws of the State of Colorado. • ce enfinancing te for the filed and recorded a 'ovided That the annexed legal notice or advertise- cgyirfng,. Improving and uThe proper officers of the ment was published in the regular and swooping a building Located County are hereby authorised within the County and ail and directed to rapes and entire issue of every number of said weekly necessary and appurtenant real Nrnish to bond cwnsa certified and personal tepr�rrtttieess, copies of all proceedings and newspaper for the period of .�.... first whether or not now records of the County relating to five insertions; and that the first constituting primarily a medical the Series 1961 Itond and such facility ear the -remaining other affidavits and certificaWs publication of said notic_e_was in the issue of e wes teased mr business arm as may be required to show commercial purposes, (the facts relating to the authorize. said newspaper dated&c ..I.N., A.D. 19*/, Project"),andlion and issuance thereof as and that the last publication of said notice WHEREAS, the funds from such facts appear from the books and records in such was in the issue of said newspaper dated the proceeds of the bond issue officers'custody end control or will be made available to otherwise known to them. A.D. 19 Eugene .1. Besse. M. as al hereby given to "Borrower"),and the vari�au documents referred In witness whereof I have hereunto set to WHEREAS,the following - suchabove iti pals etat is tort my hancj this ..,.�j day of,.�,2� , uments have een submitted to additional be c A.D. 19�/ the Board of Conn Commis, as may be necessary and appropriate for their com- in the s(the"Board ) and filed and an including interest rates in the corder!the County Clerk �d any numbers derived there- and re then Recorder(the"Clerk")f and from, deletions therefrom and are there available for public approved thereto as may be impaction: approved by bond fhcounsel prior (a)A Loan Agreement dated to the execution uti the Wu- C.5Publisher as of February 18 1081 (the many. The execution of any priate Loan Agreement"), proposed officeinstmrs b the my here to be made and entered into author• of the County lustve e am thejcunty the Borrower authorized be approvalcon by the onpg Mien evidence of ire by in Subscribed and sworn to before me, a and olorado,�g((the accord ofn such with-Instrument ter in Notary Public in and for the C unty of "Bank") accordance the termsg hereof. Weld. „State of Colorado, this ./.?'—`day of (b) a Combination Mortgage gep�{pp f m.Lesace end gale of b^V A.D. 19E/ and security Agreement dated Bonds.Mu County shall issue its as of February 18, 1041 (the Industrial Development Reve- •Mortga ") proposed to be nue Bond (LaSalle Medical �I made entered into between Clinic Project) Series 1081, � ��� /-' the Borrower and the Bank, dated as of the date of delivery, K!f k Y WHEREAS,the Board desires in the total L�ncipaall amount o :. .•�"' " "� to authorize the issuance of Weld mow,b upon_the-.terms set suet Notary Public. County, Colorado, Industrial forth MUM Bona Ordinance,the Development Revenue Bond Loan Agreement,the Morfage (LaSalle Medical Clinic Pro- and the form of the Bond attached hereto as Exhibit B. Theaximu'tlu edfor net effective My commission expires //-/-,(f - interest rate Series 1081 Bond Is nine percent(9 The_percent). Se ie 1081 Bond upon shall be The conditions payable inee i manner forth i The Loan Agreement. paydit w 14 ral fund or the Coot sr any part of eethe term s Lout Agreement). /.::. IL a.d Irrepeatable. AZ4r Ordinance th de� - . is Bond la Daled, the Bond Ordi nance shall constitute an <a) the amoad necessary m lrrevocabtvlle c act between each rear to pay the princInal of holders ottee s 1981 Bond and Me Interest oh the BBeerlee and shall be_and remain 1881 A ads ,t�Nherettote in Bond othte inlly M°Series cipal and Inter- (`D) no reserve shall be sand discharged. beiuged.gild,cancelled ate la with "action the of , rlee 1881 actlaltlheretofo taken D• thle (c thteD�tloaltAgreementMend' iawntd by the officers hall the t an the d carrywith directed wteanrd the aaa11D11 proper Insurance with financing of the Prefect and the ww issuance and sal of the Series rapid merete; 1981 Bond is hereby rained, (d the Loan Agreement approved and confirmed. that the Borrower pay Section 7. .All acts, th taxes which_ _ the taxing orders, resolutions1 or aria sina q Res specified in Section thereof,taken by the Coun[yy and 9s-LMRna Act are entitledin conflict with this tarts to receive with respect to the Ordinance are hereby reputed Proglet: except that this repealer shall (e) tahne payments tared in 'not be construed so as to revive ante stiner Agreementto pay to pane be l- any edheref, terresolution,r re re- am ofs� interest on, and bremlum due in connection wl 99hre tierias 1881 Bond when due g°O 6'�e�hltY•If any ant to koala other costs Paretraph clauMra' Provisi s r�esuhe m tae Loan Agreement judicially cill adjudged)' u dinalid is b M dmade. uenforc le. such Invalid or nt unenforceable ace ]ps& or Sena 4. Nature of Oblige- shall not affect, impair or r the provisionsInvalidate the r p Ad,anSe d asp mt,theedal n the Loan Bond of the D°roof' clauses, tilde dal tlni.��county limited ale.ixt en Sections.Effective Date.This front, aM-treaurea ly' a Bond Ordinance shall take effect of the resides as stated upon passage end adoption. Agreement and shed Section 10. Declaration of be er N by the lien Emergency.Due to the lack of the Combhuhed Mortgage and hme for the issuance of said SmartMeant upon the Industrical Revenue Bonds and S "+ will not so as not to jeopardise the 'any property issuance of said bonds, the the payment of the Series Board of County Commissioners 1N1 HeedW Rita 'eePe •The of-Weld County Colorado, Series 1981 shall never pursuant to Sectbtn'8-14(6)of the caulWte the or indebted- Weld County Home Rule Char- mss of the County within the ter does hereby =on of any provision or Ordinance to be an emergency this Iiat or on of the State Cons u- Ordinance. R Y Roe t statutes and shall not coeeRtute nor a rise to a The above and foregoing pecuniary ary of the County Ordinance No.86 was,on motion or a charge t its general duly made and seconded, credit or g powers. In adoted by the following vote on eaterin Into Ln Agree- the---day of January, mWj{e M itself-County with 1981. dry.A.D., t to the itself. and the BOARD OF COUNTY taI Ron of the revenues W) S IO ZRS tlsp+C . The Coountty d proceeds wID COW . Chuck Carlson,Chairman Norman Carlson,Pro-Tern C.W.Kirby JohnMartin June K.Stefmnark ATTEST: u��stein Weld Ca n rerlkrk.' and Re and Clerk to Board By: Keftha White Deputy County Clerk APPROVEDDaAS TO FORM: Thomas County At p 4rneyd PRESENTED:January 14,1981 PUBLISHED: J 22, 1981 Co Legal 81-18-Clerk to the LAMM STOWE BRAYMER & WISOR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SIB AMERICAN NATIONAL BANK BUILDING 818 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE (303) 825-1284 IN ASSOCIATION WITH WILLIAM O. LAM ERICK D. STOWE LAMM & STOWE ATTORNEYS AT LAW D ANNE BRAYMER DEE P.WISOR p CHEYENNE, WYOMING BARBARA E. BONDS* January 15, 1981 (3071 635-0221 THOMAS FALACIENSKI TERRY J. MARONE KAREN KILGORE YILICONSED ON,IN WYOMING Mr. Don Warden Director of Finance Board of County Commissioners Weld County, Sentiniel Center 915 10th Street Greeley, Colorado 80631 Re: Industrial Development Revenue Bond for LaSalle Medical Clinic Project Dear Don: Enclosed are the Exhibits to the Bond Ordinance author- izing the issuance of the bonds for the above cited issue. The schedule of principal and interest payments, Exhibit A, is subject to change as soon as the Bank works out a new schedule based on the actual date of closing . Exhibit B , the form of the Bond , is also enclosed. I would also like to confirm that the date of closing is Feburary 16, 1981 , rather than February 15. If you have any other questions, please contact me. Very truly yours, r-1,1 () a-Ktki�R— Terry "J. �Marone TJM/th Enclosures CgpNS1 � AV ,_; RTCZATIO'J SCHEDULE PAGE : 1 RATE PRINCIPAL PAYMENT ODD DAYS LOAN DATE 1ST PY'1T 9. 000000 110000 . 00 1115. 69 0 1 /3C/21 3/ 1/`.1 PIT DATE PAYMENT INTEREST PRINCIPAL BALANCE 1 3/ 1/81 1115. 59 825 . 00 290 . 59 109709. 31 2 4/ 1/91 1115. .9, 822. 82 292 . 87 12941 ,. 44 3 5/ 1/81 1115. 59 „20 . 62 295. 07 109121 . 37 4 5/ 1/81 1115. 39 218 . 41 207. 29 102824 . 09 5 7/ 1/81 1115. 69 214. _8 299. 51 1085247 58 9 8/ 1/81 1115. 69 913 . 93 201 . 74 109222. 02 7 9/ 1/31 1115. 59 911 . 57 304 . 02 107918 . 90 3 10/ 1/81 1115. 69 200. 39 201. 39 107412 . 59 9 11/ 1/81 111.5. 69 807. 09 308 . 60 107303. 90 10 12/ 1 /81 1115. 59 304 . 78 310. 9.1 105992 . 99 TOTAL INTEREST FOR 1931 : 3149. 89 11 1/ 1/B2. 1115. 59 202. 45 313 . 24 108979. 75 12 2/ 1/22 .1115 .99 200 . 10 315. 59 103364 . 1 13 3/ 1/32 1115.;9 797 . 73 217. 95 10 ;046 . 20 14,E 4/ 1./32 1115. 59 795. 35 3.20 . 34 105725. 11 15 1115 . 69 792 . 94 322. 75 105403. 11 19 S/ 1_/32 1115 . 69 780 . 52 325. 17 105077 . 94 27 7/ 1/82 1115. 59 723. 00 327 . 61 104750 . 33 18 C/ 1/82 1115. 99 725. 1.3 330 . 06 104420 . 27 19 9/ 1 /? 2 11. 15. 69 7;83 . 15 332 . 5' 104027 . 73 213 10/ 1/22 1115. 59 780 . 1 335 . 03 103752. 70 21 11 / 1 /'£' 2 11. ] 5 . 30 272 . 15 237 . 51 103 15. 1 22 12/ 1/,^, '2 1115 . 99 775 . 11 240 . 09 10.3075. 00 TOTAL INT2023iT FOR 1982 : 9470 . 27 23 1/ 3 /K; 3 1115. . '73 . 06 342 . 63 102732. 45 24 2/ 1./83 1115. 69 770. 49 ?45. 20 102387 . 25 25 3/ 1/83 1115. 99 797 . 90 '47 . 79 .102039. 45 26 4/ 1/23 1115. 1" 765. :0 ?50 . 19 101600 . 07 27 5/ I/S i 1115. 99 712 . 67 35, 3. 02 1013 1 . 05 28 1/ 1/83 1115. 6°. 790. 02 355 . 97 100980. 33 29 7/ 1/33 1115. 59 757 . 35 358 . 34 100622. 04 30 8/ 1/33 1115. 69 754 . 57 231 . 02 100291 . 02 31 9/ 1/33 1115. 69 751 . 96 713 . 73 99297 . 29 32 10/ 1/23 1115. 69 749. 23 361 . 46 99530 . £3 3 11/ 1/83 1115. 69 745 . 49 399 . 21 99161 .2 34 12/ 1 /C: 1.115. 59 743. 71 371 . 92 93789 . 54 TOTAL INTEREST FOR 1933 : 9102. 44 35 1/ 1/84 1115. 59 740 . 92 374. 77 92414 . 87 35 2/ 1 /84 1115. 69 738 . 11 377 . 53 93037 . 29 37 3/ 1 /94 1115. 68 735 . 2: 330 . 41 97656. 38 3s 4/ 1/t 4 1115. 69 732 . 42 2(,-1 . 2' 97273 32 39 5/ 1 /84 11. 15. 19 728 . '541 381 . 14 1287 . 40 40 6/ 1/C4 1115.69 725 . 6,: 239 . 03 96499 . 45 41 7/ 1/24 1115. 59 723 . 74 391 . 95 96105 . 50 A,4' ?:TI7ATIO€ SCHEDULE PACE : 2 P;,I'P ' 1 •10 PAYMENT INERERT PRLPICIP^,L 57•.LANCE 4 1115. 8 275 . 80 51 . 89 05711 . 11 4 ' / 1/F4 1115 . 39 717 . 54 599 . 15 25713 . 71 44 ll 1/04 1115 . 59 719 . 35 425 . 14 54012. ' 2?^. 45 11 / 1/`4 111.. 12 ' 11 . 95 54599. 08 45 12/ 1./74 1115. 59 708 . 22 4'23 . 07 94102. 221 TOTAL INTEREST FOR 1984 : 6700 . r; 5 39 5 111 . 47 1/ 1/° ` r ( 705 . 77 469. 92 93592 . 2° 49 2/ 1/85 1115 . 55 702 . 59 411 . 09 93'279 . 20 49 7/ 2 /25 1115. 10 4D9 . 59 415 . 10 927 57 . 19 96 Q 7 0244 "7 5;) 4/ 1./35 1] 15. ,.--;c ,, , , 4'; 41 . 2 - j_ 51 5/ 1/25 1.115. 19 19 , . 73 422 . 35 92071. '_ 52 1 / 9 11155. 39 190 . 15 425. 53 ° 1501 . 53 53 7/ 1/95 1115. 59 005. 97 42" . 72 9115 / . ?` 54 2/ 1/35 111.5. 5° 127 . /5 133 . 43 94735 . 41 55 2/ 1/25 1115. 59 20 . 52 415 . 17 90700 . 2' 5.5 10/ 1/35 1 .115. 59 177 . 25 425 . 44 99201. . 0; 57 11 / 1/35 1115. 09 473 . 91 441. ' 2 29120 . 09 93 12/ 1/;35 1115. 19 150. 15 445 . 0.4 98975 . 05 TOTAL INTEREST FOR 1989: 92151 . 12 59 1/ 1/33 1115. 59 565 . 71 41 33 92525. 52 0 2/ 1 /'3 1115. 09 557 . 95 ' 51 . 74 82074 . 9., ' 1115. 09 -. < 51. 13 £17 ;19 . 90 .1 I � :> 4/ 1 / 6 1115. 2 057 . 1. 5 452 . 54 27141 . 2` i .. 90 20399 . 23 ,r, rr 4 '1 4 .41 . 1. r,3 ' / 1/CG 1115. . '�- . �� 34 5/ ' /23 1115. 19 1511 . 24 455 . 45 25273. 83 55 7/ I /31 1119. 09 143 . 0 439 . 94 85' 54 . 19 3/ 1/30 1115. 19 14 .; . 24 472 . 45 85292 . 44 21/ 1 /25 1115 . 59 35 . 1,`_' 4', ' 0fl 84014. 14 1115 . 19 C29 . ' 2 409 . 57 24334 . 97 (75; 11/ 1 /9 5 11.15. 09 132 . `, _ ' 27 . 11 93853 . 71 70 12/ t/�, 1125 . 53 12£ . 20 1 °1 . 79 8336 . 97 TOTAL INTEREST FOR 191;1 : 7180. 15 - 1 1/ 1/87 111 . )8 r. 0 0 525. 25 /'90 . 44 C2975 . 4° 72 2/ 1 /37 1. 115. :9 521 . 57 494 . 12 1'22 . 'S ` ' 813,92 9f 3/ 1/27 111. 5. 19 117 . 37 197 . 82 71234 . 54 ; 'S4 4/ 1/37 1] 15. fi9 54 . 13 rl . ., 5 / 1/137 1115. 59 510. 37 505 . 32 30977 . '3' r -1 r. 5/ 1;87 111 5. r.9 �,n, . .�r r�(1° . 11 90358 . 55 77 7/ 1/87 1115. ≥5 ,02. 71 512. 92 79°55. 02 7 0/ 1/87 1115. 69 593 . 92 15. 77 7cz 8 . 85 8 9( 59_1 . 04 520 . 4579218 . 20 79 9/ 1./37 1115. J 8° 10/ 1/87 1119. 59 5'91 . 1.4 524 . 5`` 79401. ' 5 1 ' 81 11/ ,1%517 1115. 19 527 . 20 5>) 49 77715 . 15 32 12/ 1/27 1115. '09 581 . 24 532 . 45 77212. 71 251 roTAL tN'cEal;;�, ; FOR 15R7 : 7254 . 07 AMORTIZATION SCHEDULE; PAGE : 7 PAT 1 DATE PAYMENT INTEREST PRINCIPAL 0:.LANC E ,, 1 n76591. 27 P3 1/ 1/88 1115. 59 579 . 2.5 ,_:, . "4 84 2/ 1/83 1115. 69 575 . 22 540 . 47 71155 . 20 85 3/ 1 /88 1115. 89 571 . 17 541 . 52 75111 , 22 85 4/ 1/83 1115. 69 557 . 08 5.40 . 8'1 75212 . 87 87 5/ 1/88 1115. 59 5'52. 97 552. 72 74, 509; 05 c5L . 2 r ' r '; l( r OS 88 5/ 1/88 1. 1. 15 . GSa >>� . b� �..� _ , �3. �� 8 7/ 1/88 1115. 89 554 . 55 511 . 01 72792 . 0,1 90 P/ 1/38 1115. 69 550 . 44 555. 25 72< 21. 79 91 9/ 1/('3 1115. 59 546 . 20 19 . (1:9. 72257 . 10 92 10/ 1/33 1115. "9 541 . 93 577 , 75 71507 . 84 93 11 / 1/30 1115. 59 537 . '≥.. 57,'.1 . x,; 71105. 43 94, 12/ 1./38 1115. 69 533. 29 502. . 40 70523 . 02 TOTAL INTEREST FOR 1982 : 5,578 . 55 95 1/ 1/89 11.15. 69 52.8 . 92 525 . 77 69936 . 31 96 2/ 1/89 1115. 59 524 . 52 591 . 17 59345 . 14 97 / 1/39 11. 15. 64 520 . 09 595 . 3,0 '1749 . 54 98 4/ 1/89 1115. 69 515. 62 '100 . 07 ;8149 . x+,7 99 5/ 1/89 1115. 69 511 . 12 504 . 57 6754 . 50 100 1/ 1/89 1115. 69 506 . 59 509. 10 55935 . 80 1(;1 7/ 1/39 1115. 59 502. 02 613 . 57 16 .22. 13 102 0/ 1 /89 1115. 69 497 . 42 61. 8 . 27 85703 c 103 9/ 1/89 1115. 69 492 . 78 '-22. 01 (750 . 95 104 10/ 1/39 1115. 59 423 . 11 177 . 58 '14453 . 37 105 11/ 1/89 1115. 19 483 , 40 832. 29 62221 . 09 105 12/ 1/89 1115. 59 472 . 65 137. 03 53194 . 05 TOTAL INTEREST FOR 1989 : 6049 . 25 107 1/ 1/90 1115. 59 473 . 99 14: 1 . 21 52542. 24 108 2/ 1/90 1115. 59 459 . 07 145 , 52 111295 . 17 109 / 1/90 1115. 59 454. 22 `51 . 47 61244 . 1 `) 110 4/ 1/90 1115. 89 459 . 23 858 , 35 60587 . 79 111 5/ 1/90 1115. 89 154 . 41 661 . 2}•, 5992 ` . 51. 112 6 / 1/90 1115. 69 449 . 45 151 . 24 59250. 27 113 7/ 1/90 1115. 6'9 414 . 45 171 . 24 53519 . 03 114 J/ 1/90 1115. 59 439. 42 675 . 27 57912. 7, 115 9/ 1 /90 1115. `9 434 . 35 521 . 34 572.31 . 42 115 10/ 1/90 1115. 69 429. 24 193 . 45 58544 . 97 117 11/ 1/90 1115. 69 424 . 09 '91 . 80 55353. 37 118 ' 2/ 1/98 1115. 89 410 . 90 196. 70 55155 . 50 TOTAL INTEREST FOR 1990 : 5310. 81 119 1/ 1/91 1115. 59 413. 67 702. 02 51454 . 55 120 2/ 1/91 1115. 59 408 . 41 707 . 28 53747 . 28 121 3/ 1/91 .1115. 59 403 . 10 712. 59 53034 . 69 122 4/ 1/91 .1115. 59 397. 76 717. 9 '1 52215. 7'1 123 5/ 1/91 1115. 6'9 392 . 38 723. 31 51593. 45 124 5/ 1/91 1115. 59 38'5 . 95 72.8. 74 50864 . 71 1 :15 7/ 1 /91 1115. 69 191 . 49 7.34 . 20 50130 . 51 125 9/ 1 /91 11. 15. 59 375. 98 739 . 71 49190 . 80 AMORTIZATION SCHEDULE PAGE : 4 PMT JM'E PAYMENT INTEREST PRINCIPAL R?1LANCE 12.7 9/ 1/91 1 .115. 69 170. 41 745. 2; 40445. 54 122 10/ 1/91 1115. 19 3`4. 94 750. 25 47094 . 59 129 .f1/ 1 /91 1115. 59 359. 21 755. 42 47.1. 36. 2.1 130 12/ 1/91 1.115. :9 151. 54 742. 15 4'174.01 TOTAL INTEREST FOR 1991: 4507 . 75 1.31 1/ 1/92 1115. 19 347 . 82. 717. 27 P5`08. 19 , , 1115. 4q 3' ' '2 . 43 44814. 56 132 ,:� 1/92 � ��.. C.i 77 >., 1 ?3 .1/ 1/92 1115. 69 "5. 2': 774 . 4' 44055. 13 134 4/ 1/92 1115. 59 330. 41 735. 28 43210. 85 135 / 1/92 1 ' 15. 19 ?2.4. 52 791 . 17 424 70. 12 1 1 1 4/ 1/ f:2 1115. 60 11 . 59 707 . 10 41 681 . 58 } :;7 7/ ,./'32 1115. 19 132. 41 501. 9 40872 . 50 13b `.'/ 1/92 1115. 19 104. 59 809. 10 40057. 40 139 9/ 1/)2 1115. 15 ?00. 52 215. 17 392.54 . 2? 140 : 0/ 1 /92 1115. 59 294. 41 921 . 28 31412. 95 141 11/ 1 /92 1. 11 . :0 2.81. 25 027. 44 37575. 51 142 12/ 1/02 1115. 59 2.62. ')4 933. 15 14771 . 05 TOTAL INTEREST FOR 1592: 3724 . 0 141 1/ 1/91 ) 115. 19 275. 79 930. 50 35931 . 0; 144 2/ 1/93 1115.59 219. 49 946. 20 35085. 7 145 / 1./93 1115. '.5 253. 14 252. 55 :3423 3. 21 1.41 4/ 1/93 1115. 19 255. 75 ' 59. 94 33374 . 27 147 5/ 1/93 1115. 19 250 . 31 855. 30 32509. 89 6/ 1/93 1115. 69 241. 92 071 . 07 31617. 02 140 . 149 7/ 1/93 1115. 59 237. 2. .,:. 779 . 41. ?t075Q . 6.1 150 3/ 1/93 1115. 69 230. 6'3 185. 00 29073. 41 151 9/ 1/01 1115. 59 224. 05 091 . 54 289°1 . 97 152 10/ 1/53 1115. 69 217. 35 998. 33 28093. 64 153 11/ 1/9:3 11. 15. 55 2. 10. 63 905. 06 27178. 5:' 154 12/ 1/93 11 '_5. 69 203. 84 911. 85 2'215. 73 TOTAL I1TEREii FOR 1993: 2823. 15 155 1/ .1 /94 1115. 69 197. 00 510. 49 25349. 04 15> 2/ 1/94 1115. 61, 190. 11 925. 50 24422. 41 157 3/ 1/94 1115. 1) 162. 17 012. 52 23422. 94 15 4/ 1/94 1115. 19 171. 17 939. 52 22.550. 42 1'59 5/ 1/14 1115. 59 150. 11 946 . 55 21603. 66 110 ;/ 1/94 1115. 4.9 152 .'3 953. 46 20150. 20 1 ;1 7/ 1/94 1115. 49 154 . 98 950. 01 19149. 39 11:? t / 1/94 1115. '3 147. 67 069. 02 18721. 37 113 9/ 1/94 1115. x;5 140. 41 975. 28 17745. 05 154 10/ 1/9' 1115. '0 1 :31. 10 P2 . 5`) 1.46751. 50 1≥5 11 / 1/94 2115. 6.,; 175. 73 989. 95 15773. 54 165 32/ 1/94 1115. '0 13R. 30 997. 39 14775. 15 TOTAL INTEREST FOR 1954: 1097. 70 157 1/ 1/55 1115. 60 110. 42 1004 . 07 13771 . 29 AMORTI'L?'T I ON SCHEDULE PAGE : 5 P'•1T Y 3A'1'E PAYNIENT INTERF.gT PRINCIPAL 9ALANCE 113 ;i/ 1 /95 1].1. 5. 49 101. 22 1012. 41 12758 . 7 1669 :1/ 1 /95 1115. 49 95. ;9 1020. 00 31733. 87 170, 4/ I/0r 1115. i9 88 . 04 1027. 45 1071.1 . 22 :. .. , 171 `/ 1/95 1115. 49 80. 33 1035. 14 9475. 81 172 4/ 1/95 1115. 19 72 . 57 1043. 12. 8112. 74 17- 7/ 1/95 111c . 19 14 . 75 1050. 94 7531 . 90 174 8/ 1/95 1115. 59 54. F4 1058. 83 4522. 97 175 5/ 1/95 1.115. 49 48. 92 105'.77 5453 . 20 171 1(0/ 1/95 1115. 49 40. 92 1074 . 77 4381 . 43 177 11/ 1/95 11.15. 69 32. 24 1022. 83 1298. 40 378 12/ 1/95 1115. 59 24. 74 1090. 95 2207. 55 TOTAL INTEREST FOR 1995: 819. 78 179 I / 1/91 1115. 49 11. 55 1099. 13 1108 . 52 1.30 2/ 1/95 1115. 59 8 . 31 1107 . 32 1 . 14 TOTAL 1ATEREsi FOR 1994: 24 . 87 TOT!\L 1NTEREST 90825. 14 UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF WELD INDUSTRIAL DEVELOPMENT REVENUE BOND (LASALLE MEDICAL CLINIC PROJECT) No. R-1 $110 ,000 Weld County, Colorado, a political subdivision of the State of Colorado and a body corporate and politic , ( "County" ) , for value received , hereby promises to pay to the order of United Bank of LaSalle , in LaSalle , Colorado ( the "Bank" ) , or registered assign , from the source and in the manner hereinafter provided , the principal sum of ONE HUNDRED TEN THOUSAND DOLLARS ( $110 ,000) with interest thereon at the rate of nine per centum ( 9% ) per annum, (which interest rate is subject to adjustment in the Event of Taxability as hereinafter provided) payable in monthly install- ments of principal and interest , commencing on the first of every month each year according to Schedule 1 attached to this Bond and made a part hereof; both the principal and interest installments are payable in lawful money of the United States of America at United Bank of LaSalle , LaSalle , Colorado, or at such other place as the Bank may designate in writing. This Bond is issued by the County pursuant to the County and Municipality Development Revenue Bond Act, Title 29 , Article 3 , Part 1 , Colorado Revised Statutes 1973 , as amended , ( "Act" ) for the purpose of financing the cost of acquiring , improving and equipping a building and all necessary and appurtenant real and personal properties ( such property being subject to depreciation under Section 167 of the Internal Revenue Code of 1954 , as amended , ) whether or not now in existence , constituting primarily - 1 - a medical facility with the remaining space leased for business and commercial purposes located within the County ( "Project" ) . This Bond is further issued in accordance with an Ordinance of the Board of County Commissioners of the County, adopted and approved on _, 198_, and is a special , limited obligation of the County , payable soley from and secured by a pledge of payments to be made to the County pursuant to a Loan Agreement, dated as of _, 198_, and entered into between Eugene J . Hesse , M.D. ( "Borrower" ) , the Bank and the County ( "Loan Agreement" ) . The Bank has advanced the principal amount hereof to the Borrower, on behalf of the County, and , pursuant to the Loan Agreement, the Borrower has covenanted to repay the funds , together with interest thereon, in installments which will be sufficient to pay, when due , the principal of and interest on this Bond . The payment of principal and interest is further secured by a Combination Mort- gage and Security Agreement, dated as of _, 198 , and entered into between the Borrower and the Bank ( "Mortgage" ) . Installments of principal are subject to optional redemption prior to maturity at the option of the County (on the request of the Borrower) , on any interest payment date, in numeri- cal order of payment, at a redemption price equal to 100% of such principal amount and accrued interest to the date of redemption, without redemption premium. The Bond is further subject to prepayment in whole , upon the occurrence of certain events of damage , destruction or condemnation to the Project , all as specified in the Loan Agreement . From and after the effective date of the Determination of Taxability as defined in Section 1 .06 of the Loan Agreement, whereby the interest accruing on this Bond becomes includible in the gross income of the holder (other than a substantial user of the Project or a related person) for the purpose of federal income taxation, this Bond shall bear interest at the rate of eighteen percent ( 18 .00% ) per annum and the monthly payments shown on Schedule 1 shall be adjusted accordingly. - 2 - All of the agreements , conditions, covenants , provisions and stipulations contained in the Loan Agreement are hereby made a part of this Bond to the same extent and with the same force and effect as if they were fully set forth herein . If a default occurs under this Bond , or under the Loan Agreement or Mortgage and is continuing for 30 days , then the Bank at its option may declare immediately due and payable the principal amount of this Bond and interest accrued thereon to the date of declaration of such default, together with any reasonable attorneys ' fees incurr- ed by Bank in collecting or enforcing payment thereof , whether suit be brought or not, and all other sums due hereunder or under the Loan Agreement or Mortgage , anything herein or in the Loan Agreement to the contrary notwithstanding , and payment thereof may be enforced and recovered in whole or in part, at any time by one or more of the remedies as set forth in this Bond or in the Loan Agreement . This Bond and the interest hereon do not constitute a debt or general obligation of the County, within the meaning of any constitutional or statutory limitation, and do not constitute or give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers . This Bond and the interest thereon are special obligations payable solely from the revenues derived from the Project pursuant to the Loan Agreement, the payments under which will be sufficient to pay the principal of and interest on and certain fees and expenses in connection with this Bond as the same become due and payable . The holder of this Bond shall never have the right to enforce payment hereof against any property of the County except its interest in the Loan Agreement, and this Bond does not constitute a charge , lien or encumbrance , legal or equitable upon any property of the County, and the agreement of the County to perform or cause the perfor- mance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues of the Project or other funds furnished to the County in accordance with the Loan Agreement , sufficient to pay all costs of such performance or the enforcement thereof . - 3 - IT IS HEREBY CERTIFIED AND RECITED that all conditions , acts and things required to exist, happen and be performed prece- dent to or in the issuance of this Bond do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF , the County has caused this Bond to be duly executed under its seal . Dated: _, 198_. WELD COUNTY, COLORADO By Chairman, Board of County Commissioners ATTEST: County Clerk and Recorder ( S E A L ) - 4 - ( FORM OF LEGEND) The security evidenced hereby was issued and deliver- ed without registration under the Securities Act of 1933 , as amended , or other securities laws , in reliance upon the availabil- ity of an appropriate exemption from any registration otherwise required and the representation of the purchaser that the security was being acquired solely for investment and not with a view to distribution or resale . Said security shall not be sold , pledged , hypothecated , donated , or otherwise transferred , whether or not for consideration, by the purchaser except upon the issuance to the County of a favorable opinion of counsel and/or submission to the County of such other evidence as may be satisfactory to them, in either case , to the effect that any such transfer shall not be in violation of the Securities Act of 1933 , as amended , or other applicable law. ( END OF FORM OF LEGEND) PROVISIONS AS TO REGISTRATION The within Bond may be registered , as to principal only , in the name of the Holder on the Bond Register kept by the Treasurer of Weld County, such registration being noted hereon by the Treasurer of Weld County in the registration blanks below, after which no transfer of this Bond shall be valid unless made on the Bond Register at the request of the Registered Holder or attorney duly authorized , and such transfer is similarly noted in the registration blanks below , but it may be discharged from registration by being so transferred to bearer, after which it shall be transferable by delivery, but it may be again and from time to time registered as before. The registration of this Bond as to principal shall not restrain the negotiability of the coupons by delivery. Name of Date of Registered Signature of Registration Holder Trustee United Bank of La Salle, National Association La Salle , Colorado Hello