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which is the subject of a suit or other claim communicated to the City of University City, which suit or claim challenges the collection of such sums or their payment to the holder hereof, until the protest, suit or claim is withdrawn or resolved against the taxpayer, at which time such amount will constitute Net Proceeds available for the payment of this Note again even if such resolution is after the date of maturity hereof. On April 30, 1991, and on the same day of each year thereafter (the "Annual Payment Date") the City of University City shall apply the then current balance, if any, in the Westover Subaccount of the Special Allocation Fund first to any accrued and unpaid interest then due and owing on this Note, then to any accrued and unpaid principal then due and owing on this Note, and then, if there are any remaining funds in the Westover Subaccount of the Special Allocation Fund, principal and interest hereof shall be payable in equal annual installments of $35,614.36 each, until the entire amount hereof is paid. For the purposes of this Note, the term "Special Allocation Fund" shall mean only those incremental tax revenues generated on the Area and received from the County with respect to the Area. Such payments on the Annual Payment Dates shall continue until the earlier to occur of payment in full of this Note or eight (8) years from the date hereof (the "Maturity Date"). Any amount of principal not paid on any Annual Payment Date because of the fact that insufficient Net Proceeds are on deposit in the Westover Subaccount of the Special Allocation Fund shall continue to bear interest at the rate set forth herein until paid, to the extent any Net Proceeds are on deposit in the Westover Subaccount of the Special Allocation Fund on any subsequent Annual Payment Date. On the Maturity Date, unless the term of this Note is extended as set forth herein, the City of University City shall pay all Net Proceeds then on deposit in the Westover Subaccount of the Special Allocation Fund to the Holder to the extent necessary to repay any accrued and unpaid interest or principal hereon, whereupon, whether or not paid in full, this Note shall expire and the City of University City shall have no further responsibility, liability, or obligation hereunder. Notwithstanding anything else herein to the contrary, if there are insufficient Net Proceeds on deposit in the Westover Subaccount of the Special Allocation Fund on the Maturity Date to repay the entire outstanding principal and interest on this Note in full, then the Holder may at its option extend the term of this Note for up to an additional 2 years by giving written notice to the City of University City of the term of such extension. Upon such extension, the Westover Subaccount of the Special Allocation Fund shall remain in place and the City of University City shall continue to make payments on this Note on the Annual Payment Dates in an amount each year equal to the lesser of (i) the amount of Net Proceeds then on deposit in the STL-7252 - 2 -