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WHEREAS, the Council deems it necessary and advisable and in the best interests of <br /> the residents of the City to extend the maturity date of the Note to December 31, 2010 and to <br /> also amend the interest rate borne by the Note; and <br /> WHEREAS, it is in the best interests of the City to amend the Note Ordinance and the <br /> Agreement accordingly and to further amend and restate the Note. <br /> NOW THEREFORE, Be It Ordained by the Council of the City of Decatur, Macon <br /> County, Illinois, in the exercise of its home rule powers, as follows: <br /> Section 1. Incorporation of Preambles. The Council hereby finds that all of the <br /> recitals contained in the preambles to this Ordinance are true, correct and complete and <br /> does incorporate them into this Ordinance by this reference. <br /> Section 2. Definitions. All defined terms in the Note Ordinance shall have the same <br /> meanings herein except as amended by this Ordinance. <br /> Section 3. Amendment of the Note Ordinance and Agreement. The Note Ordinance <br /> and the Agreement are further amended to provide for a Maturity Date of the Note to be not <br /> later than December 31, 2010 and to provide that the interest rate on the Note shall be at the <br /> Index (as defined in the Agreement) plus 1.00%. Notwithstanding anything in any Note <br /> Ordinance, Note Order of the City, or the Agreement to the contrary, the Maturity Date of <br /> the Note shall be not later than December 31, 2010 and the interest rate on the Note shall be <br /> at the Index plus 1.00%. <br /> Section 4. Amendment and Restatement of Note. The Note is further amended and <br /> restated in the form attached hereto as Exhibit A. The Mayor is authorized to execute and <br /> deliver, and the City Clerk to attest, the restated note to the Bank on behalf of the City in <br /> substantially the form attached hereto as Exhibit A in substitution for the existing Note held <br /> by the Bank. <br /> Section S. Filing of this Ordinance; Certification by City Clerk. A certified copy of <br /> this Ordinance shall be filed with the City Clerk; and the City Clerk shall in the future <br /> attach a certified copy of this Ordinance to the Note Ordinance whenever the City Clerk <br /> makes available a copy of the Note Ordinance. <br /> 2 <br />