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Principal
$5,200,000.00
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Loan Date
03-16-2004
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Maturity
03-01-2034
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Loan No
01-33-20070
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Call / Coll
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Account
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Officer
CC
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Initials
Not Legible
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References in the shaded area are
for Lender’s use only and do not limit the applicability of
this document to any particular loan or item. Any item above
containing “***” has been omitted due to text length
limitations.
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MONTEREY PALMS
SELF STORAGE, LLC (TIN:
32-0038133)
2601 MAIN STREET, SUITE 1330
IRVINE, CA 92614
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Lender:
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LA JOLLA BANK,
FSB 389 N. ESCONDIDO BLVD.
ESCONDIDO, CA 92025
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Principal
Amount: $5,200,000.00
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Initial Rate:
7.000%
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Date of Note: March 16,
2004
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PROMISE TO
PAY. MONTEREY PALMS SELF
STORAGE, LLC (“Borrower”) promises to pay to LA JOLLA
BANK, FSB (“Lender”), or order, in lawful money of the
United States of America, the principal amount of Five Million Two
Hundred Thousand & 00/100 Dollars ($5,200,000.00) or so much as
may be outstanding, together with interest on the unpaid
outstanding principal balance of each advance. Interest shall be
calculated from the date of each advance until repayment of each
advance. The interest rate will not increase above
10.500%.
PAYMENT. Subject to any payment changes resulting from
changes in the Index, Borrower will pay this loan in accordance
with the following payment schedule: 24 monthly consecutive
interest payments, beginning April 1, 2004, with interest
calculated on the unpaid principal balances at an interest rate of
7.000% per annum; 335 monthly consecutive principal and
interest payments in the initial amount of $30,366.22 each,
beginning April 1, 2006, with interest calculated on the
unpaid principal balances at an interest rate based on the THE
LOWEST NEW YORK PRIME RATE IN EFFECT ON THE FIRST BUSINESS DAY OF
THE MONTH (CYCLE) AS PUBLISHED IN THE MONEY RATE SECTION OF
THE WEST COAST EDITION OF THE WALL STREET JOURNAL, (currently
4.000%), plus a margin of 0.500 percentage points, adjusted if
necessary for the minimum and maximum rate limitations for this
loan, resulting in an initial interest rate of 5.500%; and one
principal and interest payment of $30,368.30 on March 1, 2034,
with Interest calculated on the unpaid principal balances at an
interest rate based on the THE LOWEST NEW YORK PRIME RATE IN EFFECT
ON THE FIRST BUSINESS DAY OF THE MONTH (CYCLE) AS PUBLISHED IN
THE MONEY RATE SECTION OF THE WEST COAST EDITION OF THE WALL STREET
JOURNAL, (currently 4.000%), plus a margin of 0.500 percentage
points, adjusted if necessary for the minimum and maximum rate
limitations for this loan, resulting in an initial interest rate of
5.500%. This estimated final payment is based on the assumption
that all payments will be made exactly as scheduled and that the
Index does not change; the actual final payment will be for all
principal and accrued interest not yet paid, together with any
other unpaid amounts under this Note. Unless otherwise agreed or
required by applicable law, payments will be applied first to any
accrued unpaid interest; then to principal; then to any unpaid
collection costs; and then to any late charges. Interest on this
Note during the initial interest only payment period is computed on
a 3651365 simple interest basis; that is, by applying the ratio of
the annual interest rate over the number of days in a year,
multiplied by the outstanding principal balance, multiplied by the
actual number of days the principal balance is outstanding.
Interest on this Note during the permanent loan phase is computed
on a 301360 simple interest basis; that is, with the exception of
odd days in the first payment period, monthly interest is
calculated by applying the ratio of the annual interest rate over a
year of 360 days, multiplied by the outstanding principal
balance, multiplied by a month of 30 days. Interest for the
odd days is calculated on the basis of the actual days to the next
full month and a 360-day year. Borrower will pay Lender at
Lender’s address shown above or at such other place as Lender
may designate in writing.
VARIABLE
INTEREST RATE. The
interest rate on this Note is subject to change from time to time
based on changes in an independent index which is the THE LOWEST
NEW YORK PRIME RATE IN EFFECT ON THE FIRST BUSINESS DAY OF THE
MONTH (CYCLE) AS PUBLISHED IN THE MONEY RATE SECTION OF THE
WEST COAST EDITION OF THE WALL STREET JOURNAL, (the
“Index”). The Index is not necessarily the lowest rate
charged by Lender on its loans. If the Index becomes unavailable
during the term of this loan, Lender may designate a substitute
index after notice to Borrower. Lender will tell Borrower the
current Index rate upon Borrower’s request. The interest rate
change will not occur more often than each 6 MONTHS. Borrower
understands that Lender may make loans based on other rates as
well. The Index currently is 4.000% per annum. The interest rate or
rates to be applied to the unpaid principal balance of this Note
will be the rate or rates set forth herein in the
“Payment” section. Notwithstanding any other provision
of this Note, after the first payment stream, the interest rate for
each subsequent payment stream will be effective as of the last
payment date of the just-ending payment stream. Notwithstanding the
foregoing, the variable interest rate or rates provided for in this
Note will be subject to the following minimum and maximum rates.
NOTICE: Under no circumstances will the interest rate on this Note
be less than 5.500% per annum or more than (except for any higher
default rate shown below) the lesser of 10.500% per annum or the
maximum rate allowed by applicable law. Notwithstanding the above
provisions, the maximum increase or decrease in the interest rate
at any one time on this loan will not exceed 2.000 percentage
points. Whenever increases occur in the interest rate, Lender, at
its option, may do one or more of the following: (A) increase
Borrower’s payments to ensure Borrower’s loan will pay
off by its original final maturity date, (B) increase
Borrower’s payments to cover accruing interest,
(C) increase the number of Borrower’s payments, and
(D) continue Borrower’s payments at the same amount and
increase Borrower’s final payment.
PREPAYMENT
FEE. Borrower agrees that
all loan fees and other prepaid finance charges are earned fully as
of the date of the loan and will not be subject to refund upon
early payment (whether voluntary or as a result of default), except
as otherwise required by law. Upon prepayment of this Note, Lender
is entitled to the following prepayment fee: If the aggregate
amount of principal prepaid during months 25 through 36, from the
date of funding, exceeds twenty percent (20%) of the original
principal amount of this Note, the Borrower shall pay Lender a
penalty equal to three percent (3%) of the original principal
amount of this Note.
If the
aggregate amount of principal prepaid during months 37 through 48,
from the date of funding, exceeds twenty percent (20%) of the
original principal amount of this Note, the Borrower shall pay
Lender a penalty equal to two percent (2%) of the original
principal amount of this Note.
If the
aggregate amount of principal prepaid during months 49 through 60,
from the date of funding, exceeds twenty percent (20%) of the
original principal amount of this Note, the Borrower shall pay
Lender a penalty equal to one percent (1%) of the original
principal amount of this Note.
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