HomeMy WebLinkAboutRelease of Promissory Note3
Eagle County, CO
Teak J Simonton
Pgs: 5
REC: $31.00
DOC: $0.00
201401575
01/31/2014
10:20:35 AM
RELEASE OF PROMISSORI
In consideration of the execution of that Quitclaim Deed executed this3o!"hay of
N , 20145 by the TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, a
10olorado n n- profit corporation (the "TRAHC "), a copy of which is attached hereto and
incorporated herein as Exhibit A, the TOWN OF VAIL, COLORADO, a Colorado municipal
corporation (the "Town ") for itself, its successors and assigns, hereby remises, releases and
forever discharges the TRAHC, and its successors, and assigns, from any and all manner of
actions, cause and causes of action, suits, debts, sums of money, accounts, reckonings, bonds,
bills, specialties, covenants, controversies, agreements, promises, trespasses, damages,
judgments, executions, claims and demands whatsoever, in law or in equity, whether known or
unknown, arising out of that Promissory Note dated February 1, 2013, by and between the
TRAHC and the Town in the principal amount of Eight Million and No /100 Dollars
8,000,000.00) (the "Note "), a copy of which is attached hereto as Exhibit B and is
incorporated herein as though fully set forth. This release relates only to the Note and not to any
other contract, agreement, undertaking, understanding or covenant.
IN WITNESS WHEREOF, the Town has executed this Release of Promissory Note on
this --Ah-ay of , 2014.
1/29/2014
C: IUSERSITNAGELIAPPDATAILOCALIMICROSOFII WINDOWSITEMPORARY INTERNET
FiLEs \CONTENT.OUTLOOK \68ZQHKA2 \PROM NOTE RELEASE- 1.DOCX
0
PROMISSORY NOTE
U. S. $8.000.00.00
Eagle County, CO 201303086
Teak J Simonton 02/1912013
Pgs: 4 08:55:32 AM
REC: $26.00 DOC: $0.00
Vail, Colorado
February I, 2013
1. FOR VALUE RECEIVED, TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, Colorado a non -profit corporation ( "Borrower "), promises to pay to the order of THE TOWN OF VAIL, COLORADO, A COLORADO MUNICIPAL CORPORATION (the "Town "), the principal sum of EIGHTMILLIONDOLLARS ($8,000,000), with simple interest on the unpaid principal balance accruing from the I" dayofFebruary, 2013, at the rate ofONE AND ONE HALF percent (1.5%) per annum. Principal and interest shall be
payable at 75 South Frontage Road, Vail, Colorado 81657, or at such location as the Town may designate. Beginning August 1, 2013, Borrower shall make semi - annual interest payments to the Town on August 1" and
February 1 " of each year in accordance with the schedule attached hereto as Exhibit A and incorporated herein bythisreference. Beginning February 1, 2014, Borrower shall make annual principal payments to the Town on
February V of each year in an amount to be determined by the Town, provided that the minimum annual debt
service of principal and interest that shall be due and payable to the Town shall be not less than FOUR HUNDREDSIXTY -FIVE THOUSAND NINE HUNDRED NINETY -SIX DOLLARS ($465,996). Such payments shall
continue until the entire indebtedness evidenced by this Note is ftdly paid, provided, however, ifnot sooner paid, the
entire principal amount outstanding and accrued interest diem-on, shall be due and payable on January 31, 2033.
2. Borrower shall pay to the Town a late charge of FIVE PERCENT (51%) of any payment notreceivedbytheTownwithinfive (5) days after the payment is due.
3. Payments received for application to this Note shall be applied first to the payment of late charges,
if any, second to the payment of accrued interest specified above, and the balance applied in reduction of the
principal amount hereof.
4. Ifany payment required by this Note is not paid when due, the entire principal amount outstandingandaccruedinterestthereonshallbecomedueandpayableattheoptionoftheTown ( "Acceleration ") twenty (20) days after notice of Acceleration has been given. This time period shall run concurrently with the right to cure, if
any, allowed by the Uniform Consumer Credit Code. Such notice of Acceleration shall specify the amount of thenonpaymentplusanyunpaidlatechargesandothercosts, expenses and fees due under this Note. Until the
expiration of said twenty -day period, the Borrower may cure all defaults consisting of a failure to make required
payments by tendering the amounts of all unpaid sums due at the time of tender, without Acceleration, as specified
by the Town in such notice. Cure restores the Borrower to its rights under this Note as though defaults had not
occurred. Any defaults under this Note occurring within twelve (12) months after the Town has once given a notice
of Acceleration entitles Borrower to no right to cure, except as otherwise provided by law. The Town shall be
entitled to collect all reasonable costs and expense of collection and suit, including, but not limited to reasonable
attorney fees.
5. Borrower may prepay the principal amount outstanding under this Note, in whole or in part, at anytimewithoutpenalty. Any partial prepayment shall be applied against the principal amount outstanding and shallnotpostponetheduedateofanysubsequentpaymentsorchangetheamountofsuchpayments.
Pap 1 of 2
Initial
1131"13
C: 1USERSITNACELUPPLIATAWCALWICROSOF %WINDOWS1TEMPORARYIN7F4tVETFILEAWNTENrOUrOOK16ODK2M447ROA4=AYNOTis.2DOC
EXHIBIT B
6. Borrower and all other makers, sureties, guarantors, and endorsers hereby waive presentment,
notice of dishonor and protest, and they hereby agree to any extensions of time of payment and partial payments
before, at, or after maturity. This note shall be the joint and several obligation of Borrower and all other makers,
sureties, guarantors and endorsers, and their successors and assigns.
7. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be
effective upon (1) delivery to Borrower or (2) mailing such notice by fast -class U.S. mail, addressed to Borrower at
the Borrower's address stated below, or to such other address as Borrower may designate by notice to the Town.
Any notice to the Town shall be in writing and shall be given and be effective upon (1) delivery to the Town or (2)
by mailing such notice by first-class U.S. mail, to the Town at the address stated in the fast paragraph ofthis Note,
orto such other address as the Town may designate by notice to Borrower.
Borrower: Timber Ridge Affordable Housing Corporation
Attn: Legal Counsel
75 South Frontage Road
Vail, Colorado 81657
8. The indebtedness evidenced by this Note is guaranteed by a Deed of Trust dated the l" day of
February, 2013, by and between TIMBER RIDGE AFFORDABLE HOUSING CORPORATION and the PUBLIC
TRUSTEE OF THE COUNTY OF EAGLE, COLORADO in an amount not to exceed EIGHT MILLION
DOLLARS ($8,000,000). Until released said Deed ofTrust contains additional rights of the Town. Such rights may
cause Acceleration of the indebtedness evidenced by this Note. Reference is made to said Deed of Trust for such
additional terms. Said Deed ofTrust grants rights in the property identified as follows:
SEE EXHIBIT B, ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE
9. This Note is to be construed in all respects and enforced according to the laws of the State of
Colorado.
TIMBER RJILGE AFFORDABLE HOUSING CORPORATION
By:
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrugent was acknowledged before me this day ofWekruclul,2013,
4ZK for the TimberRidge Affordable Housing Corporation.
Witness my hand and official seal.
My commission eiirrer' /
t
02A
Pap 2 of 2
Initial
IIY2013
C:U1S " TNAGELUPPDATAV. OCALWJCROSOFIIWINDOWSITEMPORARYIAT RN6T
FIL&WONTEM;OVI'LOOK160DK AN"ROWSSORYNOTE -2DOC
201303086
EXHIBIT A
Timber Ridge Affordable Housing Corporation
Amoritiaztlon Schedule
20 Years at 1.5% simple interest
201303086
Outstanding
Payment Date Interest Principal Total Payment Principal
8,000,000
8/1/2013 60,000 60,000 8,000,000
2/1/2014 60,000 345,966 405,966 7,654,034
8/1/2014 57,405 57,405 7,654,034
2/1/2015 57,405 351,155 408,561 7,302,879
8/1/2015 54,772 54,772 7,302,879
2/1/2016 54,772 356,423 411,194 6,946,456
8/1/2016 52,098 52,098 6,946,456
2/1/2017 52,098 361,769 413,868 6,584,687
8/1/2017 49,385 49,385 6,584,687
2/1/2018 49,385 367,196 416,581 6,217,491
8/1/2018 46,631 46,631 6,217,491
2/1/2019 46,631 372,704 419,335 5,844,787
8/1/2019 43,836 43,836 5,844,787
2/1/2020 43,836 378,294 422,130 5,466,493
8/1/2020 40,999 40,999 5,466,493
2/1/2021 40,999 383,969 424,967 5,082,524
8/1/2021 38,119 38,119 5,082,524
2/1/2022 38,119 389,728 427,847 4,692,796
8/1/2022 35,196 35,196 4,692,796
2/1/2023 35,196 395,574 430,770 4,297,222
8/1/2023 32,229 32,229 4,297,222
2/1/2024 32,229 401,508 433,737 3,895,715
8/1/2024 29,218 29,218 3,895,715
2/1/2025 29,218 407,530 436,748 3,488,184
8/1/2025 26,161 26,161 3,488,184
2/1/2026 26,161 413,643 439,805 3,074,541
8/1/2026 23,059 23,059 3,074,541
2/1/2027 23,059 419,848 442,907 2,654,693
8/1/2027 19,910 19,910 2,654,693
2/1/2028 19,910 426,146 446,056 2,228,548
8/1/2028 16,714 16,714 2,228,548
2/1/2029 16,714 432,538 449,252 1,796,010
8/1/2029 13,470 13,470 1,796,010
2/1/2030 13,470 439,026 452,496 1,356,984
8/1/2030 10,177 10,177 1,356,984
2/1/2031 10,177 445,611 455,789 911,373
8/1/2031 6,835 6,835 911,373
2/1/2032 6,835 452,295 459,131 459,077
8/1/2032 3,443 3,443 459,077
2/1/2033 3,443 459,077 462,520
201303086
EXHIBIT B
PROPERTY
PARCEL A:
Lots 1. 2. 3. 4 and 5.
A RESU'BDIVISION OF LION'S RIDGE SUBDIVISION. BLOCK C.
according to the Plat recorded June 8. 1973 in Book 229 at Page 458, County of Eagle. State
of Colorado.
and
PARCEL B:
All riehts, title and interest to an Easement in the following described property:
That property described in an Encroachment Easement Agreement filed for record January 30,
1980 in Book 298 at Page 22, more particularly described as follows:
A part of Lot 6, Resubdivision of Block C, Lion's Ridge Subdivision, Eagle County,
Colorado, a subdivision recorded in the Office of the Eagle County, Colorado Clerk and
Recorder:
Said part being more particularly described as follows:
Beginning at a point on the westerly line of said Lot 6 whence the southwest corner of said Lot
6 bears S 37 degrees 09'31" E 40.54 feet;
thence N 37 degrees 09'31" W on said westerly line 103.01 feet;
thence departing said westerly line N 41 degrees 2321" E 7.25 feet,
thence S 48 degrees 36'39" E 53.16 feet;
thence S 41 degrees 23'21" W 4.90 feet;
thence S 48 degrees 36'39" E 47.80 feet:
thence S 41 degrees 23'21" W 22.80 feet To The Point Of Beitinnina.
COUNTY OF EAGLE
STATE OF COLORADO
E
RM59104 447251.03
201303086
U.S. Bank / Timber Ridge Affordable Housing CurpDntion
Deed of Trusi