2007-68 AMENDING CITY ORDINANCE NUMBER 2006-94

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principal balance during the Note will be at a rate of 0.500 percentage , points over the Index. NoTtcE: Under n circumstances shall the interest rate on the Note be more than 15.00 0. Change Date: The interest rate change will not occur ore often than once each month and shall be based on the Index rate fective as of each Change Date, commencing on the 3rd day of Octob r, 2006 and continuing on the 3rd day of each month thereafter(the " hange Date"), unless such day shall not be a Banking Day, in which case the Change Date shall be the first Banking Day immediately following such day. If the Index becomes unavailable during the term of this laan, the Bank may designate a substitute index after notice to he City. "Banking Day" means any day (other than any Saturday, S nday or legal holiday) on which the Bank's banking office is open to the public for carrying on substantially all of its banking functions. Maturity Date: Loans are payable upon the Bank's deman ; provided, however, that the Loan Account terminates and outstan ing Loans are ultimately payable on December 31, 2008. Interest: Payable monthly. Payments shall be due at the Bank's office, 30 East Main Street, Dec tur, Illinois 61820, paid to the order of the Bank, and made by: ❑ Debit to Account# ; ❑ By Check l. Using the Account. All loans and advances from the Lo n Account are referred to in this Agreement as "Loans." Loan requests shall be sent to the �City's Account Officer or Officers at the Decatur, Illinois, office of the Bank and may be made by writing or by telephone. Loan proceeds shall be credited to the City's deposit account at the Bank unless the Bank is otherwise directed by special written directions from the City. The amount of each Loan requested shall be at least the minimum amount shown above, and th Bank shall have the right to refuse to honor any Loan requested by the City which is less than t at minimum amount, even if the Bank has previously honored a Loan request for less than the m nimum amount. The City shall not request any Loan which, when taken together with Loan then outstanding, would exceed the Maximum Credit. A(1 Loans shall be made against and evidenced by the City's romissory note payable to the order of the Bank in the principal amount of $6,000,000, such note to be in the form of Exhibit A attached hereto (the "Note"). The Bank agrees that notwi hstanding the fact that the Note is in the principal amount of $6,000,000 it shall evidence only he actual unpaid principal balance of Loans made under the Loan Account. The Bank agrees t at if it transfers or assigns the Note (permissible only as a whole), the Bank will stamp thereo a statement of the actual principal amount evidenced thereby at the time of transfer. The City grees that in any action or proceeding instituted to collect or enforce collection of the Note, the ount shown as owing the Bank on its records shall be prima facie evidence of the unpaid balan e of principal and interest . on the Note. i -2-