Common use of Prepayment Privilege Clause in Contracts

Prepayment Privilege. (a) Borrower may prepay this Note in full, but not in part (except pursuant to the express terms of the Loan Agreement of even date herewith between Lender and Borrower and certain Affiliates of Borrower (the “Loan Agreement”)), provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all other fees and costs due Lender hereunder (if any), and a prepayment premium equal to the greater of: (i) one percent (1%) of the principal balance of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the principal balance of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States Treasury Note or Bond plus fifty (50) basis points, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.

Prepayment Privilege. (a) Borrower may prepay this Note in full, but not in part ([except pursuant to the express terms of the Loan Agreement of even date herewith dated June 17, 2011 between Lender ▇▇▇▇▇▇ and Borrower and certain Affiliates of Borrower and that certain First Amendment to Loan Agreement between Lender, Borrower and certain Affiliates of Borrower dated of even date herewith (together, the “Loan Agreement”))], provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all other fees and costs due Lender hereunder (if any), and a prepayment premium equal to the greater of: (i) one percent (1%) of the principal balance of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the principal balance of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States Treasury Note or Bond plus fifty (50) basis points, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.

Prepayment Privilege. (a) Borrower may prepay this Note in full, but not full or in part (at any time without fee, premium or penalty except pursuant to the express terms of the Loan Agreement of even date herewith between Lender and Borrower and certain Affiliates of Borrower (the “Loan Agreement”))as expressly provided in this Section 4, provided ▇▇▇▇▇▇▇▇ that Borrower gives to Lender at least twenty ten (2010) daysBusiness Days’ prior written notice of such intent (provided that such notice may be revoked upon two (2) Business Days’ written notice to Lender) and provided further that such prepayment is accompanied by all accrued interestand unpaid interest on the Loan and: (i) if such prepayment occurs prior to October 1, all other fees and costs due Lender hereunder (if any)2022, and a prepayment premium equal to 2.0% of the greater ofamount prepaid; (ii) if such prepayment occurs during the period of October 1, 2022 to June 30, 2024, a prepayment premium equal to 1.0% of the amount prepaid. (b) Notwithstanding the foregoing or anything contained herein to the contrary: (i) one percent no prepayment premium shall be due in connection with any prepayment made from and after July 1, 2024; provided, however, that if Borrower extends the term pursuant to Section 3(c) hereof, if Borrower prepays the Loan during the period of November 1, 2024 – June 30, 2027, such prepayment shall be accompanied by a prepayment premium equal to 1% of the amount prepaid and no prepayment premium shall be due in connection with any prepayment made on or after July 1, 2027; (1%ii) no prepayment premium shall be due in connection with a prepayment using funds from Lender from a refinance of the Loan with Lender; and (iii) no prepayment premium shall be due in the event of a prepayment arising from the application of insurance proceeds or condemnation awards against the principal balance of the Loan on the date of prepayment; orLoan. (iic) Upon the difference between (1) the discounted value occurrence of all required monthly payments for the remaining term an Event of the Loan plus the discounted value Default and following acceleration of the principal balance maturity of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States Treasury this Note or Bond plus fifty (50) basis points, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇L▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of or entry of judgment for the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege unpaid principal balance declared due and payable shall be deemed to be a voluntary prepayment hereunder hereunder, and such paymentpayment or judgment must, to the extent permitted by lawtherefore, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as amounts set forth in this Paragraph 2. (esubsections 4(a)(i)-(ii) Borrower agrees that (i) above, as applicable. Lender shall have the prepayment premium provided for herein is reasonable; (ii) right to include and bid in such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty amounts as herein described is a material inducement an amount due to Lender to make the Loanin connection with any foreclosure sale.

Prepayment Privilege. (a) Borrower may prepay this Note in full, but not in part (except pursuant to the express terms of the Loan Agreement of even date herewith between Lender and Borrower and certain Affiliates of Borrower (the “Loan Agreement”)), provided ▇▇▇▇▇▇▇▇ Borrower gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all other fees and costs due Lender hereunder (if any), and a prepayment premium equal to the greater of: (i) one percent (1%) of the principal balance of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the principal balance of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States Treasury Note or Bond plus fifty (50) basis points, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.

Prepayment Privilege. The indebtedness evidenced hereby may be prepaid in accordance with the provisions of this Section 8 and not otherwise. a. For the purposes hereof, the term “Loan Year” shall mean a period consisting of twelve (a12) Borrower consecutive months commencing on the first (1st) day of May or any anniversary thereof, the first (1st) Loan Year being the Loan Year commencing the first (1st) day of May, 2018. b. Prior to the expiration of the second (2nd) Loan Year, no payments of principal may be made hereon other than the scheduled monthly installment payments of interest or of principal and interest set forth in Section 5 above. c. After the expiration of the second (2nd) Loan Year, the Borrowers may prepay this Note in full, full but not in part (except pursuant to the express terms of the Loan Agreement of even date herewith between Lender and Borrower and certain Affiliates of Borrower (the “Loan Agreement”))part, provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all other fees and costs due Lender hereunder a reinvestment charge (if anyhereinafter referred to as the “Reinvestment Charge”), and a prepayment premium . The Reinvestment Charge shall be equal to the greater of: (i) The excess, if any, of (A) the aggregate present value as of the date of such prepayment of each dollar of principal being prepaid and the amount of interest that would have been payable in respect of such dollar if such prepayment had not been made, determined by discounting such amounts at the Reinvestment Rate, defined below, from the respective dates on which such payments of interest and principal would have been payable, over (B) one hundred percent (1100%) of the principal balance amount of this Note being prepaid. “Reinvestment Rate” shall mean the yield to maturity of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the principal balance of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States U.S. Treasury Note or Bond plus fifty for the maturity (50rounded to the nearest month) basis points, and (2) corresponding to the weighted average life to maturity of the principal balance of the Loan being prepaid or paid (as indicated on the date of prepayment. The display designated as “monthly equivalent yield-to-maturity ratePX-1” shall be predicated on the then current yield (Bloomberg Financial Market Screen or such other display as distinct from the interest rate) may replace “PX-1” on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, Bloomberg Financial Market Screen on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during preceding the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time date of prepayment); (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.or

Prepayment Privilege. (a) Borrower may prepay this Note in full, but not in part ([except pursuant to the express terms of the Loan Agreement of even date herewith dated June 17, 2011 between Lender ▇▇▇▇▇▇ and Borrower and certain Affiliates of Borrower and that certain First Amendment to Loan Agreement between ▇▇▇▇▇▇, Borrower and certain Affiliates of Borrower dated of even date herewith (together, the “Loan Agreement”))], provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all other fees and costs due Lender hereunder (if any), and a prepayment premium equal to the greater of: (i) one percent (1%) of the principal balance of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the principal balance of the Loan at maturity, such discounted value to be calculated using a discount rate based on the monthly equivalent yield-to-maturity rate of a United States Treasury Note or Bond plus fifty (50) basis points, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty (180) days of the term of the Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.

Prepayment Privilege. (a) The privilege shall be granted to the Borrower may to prepay this Note the principal balance of the Loan in fullwhole, but not in part part, at any time upon the Borrower giving the Lender not less than ten (except pursuant to the express terms of the Loan Agreement of even date herewith between Lender and Borrower and certain Affiliates of Borrower (the “Loan Agreement”)), provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (2010) days’ ' prior written notice of such intent and notice. Except as provided further that such prepayment is accompanied by all accrued interesthereinbelow, all other fees and costs due Lender hereunder (if any), and a prepayment premium fee equal to the greater of: Prepayment Fee, as hereinafter defined, shall be charged with respect to any such prepayment. Receipt by the Lender of the monthly payments from the Borrower prior to their due date shall not be construed or operate as partial prepayments of the Loan, which are expressly prohibited. If, at the time of any prepayment, the yield on a U.S. treasury bond with the closest matching maturity date to the Extended Maturity Date of this Loan plus one hundred (i100) basis points (the "TREASURY BOND YIELD") is less than the interest rate then in effect on this Loan, the prepayment fee (the "PREPAYMENT FEE") shall be defined as the sum of one percent (1%) of the principal balance of the Loan on the date of prepayment; or (ii) the difference between (1) the discounted value of all required monthly payments for the remaining term of the Loan plus the discounted value of the anticipated outstanding principal balance of the Loan at maturitythe time of prepayment, such discounted value plus the Discounted Yield Maintenance Amount, as defined and described below. The "DISCOUNTED YIELD MAINTENANCE AMOUNT" shall be calculated and defined as follows: (1) The future expected contractual cash flow (interest and principal payments) from the Loan shall be projected forward from the anticipated date of prepayment to the Extended Maturity Date, as if the prepayment were not to occur; (2) The present value, computed on a monthly basis, of the said projected contractual cash flow shall be calculated using a the Treasury Bond Yield as the discount rate based rate; (3) The present value of the anticipated amount of principal and interest that is expected to be due on the Extended Maturity Date (the "BALLOON") (assuming that all monthly equivalent yield-to-maturity rate payments are timely made when due) shall be calculated using the Treasury Bond Yield as the discount rate; (4) The sum of a United States Treasury Note or Bond plus fifty (50) basis points, and the present value of the monthly cash flow derived under subparagraph (2) above shall be added to the present value of the Balloon derived under subparagraph (3) above, and the anticipated outstanding principal balance of the Loan on at the date time of prepayment. The “monthly equivalent yield-to-maturity rate” prepayment shall be predicated on the then current yield subtracted from that number; (as distinct 5) The number resulting from the interest ratecalculation in subparagraph (4) on the United States Treasury Note or Bond having the closest maturity to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium above shall be due during the last Discounted Yield Maintenance Amount. If at the time of any prepayment, the Treasury Bond Yield is equal to or greater than the interest rate then in effect on this Loan, the Prepayment Fee shall be defined as one hundred eighty percent (1801.0%) days of the term of the anticipated outstanding Loan or, provided no Event of Default then exists, upon prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth above. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest balance at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay . An example illustrating the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness calculation of the prepayment premium, Discounted Yield Maintenance Amount and the prevailing market rates Prepayment Fee is attached to this Renewal Commitment Letter and incorporated herein as Exhibit A. The example is based on an outstanding principal balance of interest $1,000,000 at the time of prepayment, a two (2) year term to maturity (i.e., from October 1, 1994 through October 1, 1996), a contractual interest rate of nine percent (9.0%) per annum and a discount rate of six and four-fifths percent (6.8%) per annum. Steps (1) through (5) described hereinabove have been noted on Exhibit A. Notwithstanding the foregoing, no Prepayment Fee shall be due with respect to repayment in full made on the Extended Maturity Date or within fifteen (15) months prior thereto, provided that the course Borrower shall have given the Lender not less than ten (10) days' prior written notice of conduct between Lender its intention to so prepay. Provided, further, that in the event that the Extended Maturity Date shall have been accelerated for default, the full amount of the Prepayment Fee shall be due and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loanpayable.

Prepayment Privilege. Except as provided hereinbelow, Mortgagee may not prepay the indebtedness secured hereby in whole or in part. On or after the commencement date of the 4th Loan Year, and subject to giving Mortgagee not less than thirty (a30) Borrower nor more than ninety (90) days' prior written notice, Mortgagor may prepay this Note in full, but not in part (except pursuant to the express terms of the Loan Agreement of even date herewith between Lender principal amount together with any and Borrower and certain Affiliates of Borrower (the “Loan Agreement”)), provided ▇▇▇▇▇▇▇▇ gives to Lender at least twenty (20) days’ prior written notice of such intent and provided further that such prepayment is accompanied by all accrued interest, all interest and other fees sums due which are secured hereunder and costs due Lender hereunder (if any), and subject to payment of a prepayment premium equal to the greater of: (ia) one percent (1%) of The sum obtained by multiplying the then outstanding principal balance due by the difference obtained by subtracting the yield rate on publicly traded United States Treasury Securities (as published in the Wall Street Journal or other business publication of the Loan on general circulation five business days prior to the date of prepaymentsaid payment) having the closest matching maturity date to the maturity date of the Note from the interest rate on the Note adjusted to its semi-annual equivalent rate (8.005%), times the number of scheduled monthly payments remaining under the Note term, divided by twelve; or (iib) the difference between (An amount equal to 1) the discounted value of all required monthly payments for the remaining term % of the Loan plus the discounted value of the then outstanding principal balance of due under the Loan at maturity, such discounted value to be calculated using a discount Note. In the event that the yield rate based on the monthly equivalent yield-to-maturity rate of a publicly traded United States Treasury Securities is not obtainable, then the nearest equivalent issue or index shall be selected, at Mortgagee's reasonable determination, and used to calculate the prepayment premium. No partial prepayment shall be allowed. The Loan Year is defined as any twelve month period commencing with the date on which the first monthly installment is due under the Note or Bond plus fifty (50) basis pointsany anniversary thereof. Notwithstanding anything contained in this provision of this Mortgage, and (2) the principal balance of the Loan on the date of prepayment. The “monthly equivalent yield-to-maturity rate” indebtedness secured hereby shall be predicated on the then current yield (as distinct from the interest rate) on the United States Treasury Note or Bond having the closest maturity open to the Maturity Date, as shown in The Wall Street Journal or, if The Wall Street Journal is no longer published, prepayment without a similar daily financial publication of national circulation selected by ▇▇▇▇▇▇, on the fifth (5th) business day prior to prepayment. (b) No prepayment premium shall be due during the last one hundred eighty ninety (18090) days of the term of the Loan orNote, provided Mortgagor gives the Mortgagee not less than thirty (30) nor more than ninety (90) days' prior written notice of its intent to prepay such indebtedness, and provided that such prepayment is made in full, as no Event of Default then exists, upon partial prepayment of the Loan in connection with the application of condemnation or insurance proceeds in accordance with the Loan Agreement. (c) After an Event of Default and following the acceleration of this Note to maturity by reason thereof, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to foreclosure sale, by Borrower or by anyone on behalf of Borrower, shall constitute an evasion of the prepayment privilege and shall be deemed to be a voluntary prepayment hereunder and such payment, to the extent permitted by law, will therefore include the premium required under the prepayment privilege set forth aboveallowed. (d) Borrower shall have no prepayment privileges except as set forth in this Paragraph 2. (e) Borrower agrees that (i) the prepayment premium provided for herein is reasonable; (ii) such prepayment premium shall be payable notwithstanding the prevailing market rates of interest at the time of prepayment; (iii) there has been a course of conduct between Lender and Borrower giving specific consideration in this transaction for such agreement to prepay the prepayment penalty; and (iv) Borrower shall be estopped hereafter from making any claim based upon the unreasonableness of the prepayment premium, the prevailing market rates of interest at the time of prepayment, or the course of conduct between Lender and Borrower. Borrower expressly acknowledges that its agreement to pay the prepayment penalty as herein described is a material inducement to Lender to make the Loan.