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2000-09-14 LOC Established !'f " HI G H LAN D BAN KS IRREVOCABLE LETTER OF CREDIT To: City of Albertville Attn: Linda Goeb Box 1 31 Albertville, MN 55301 No. 22459502 Date: 09/14/00 RE: Psyk Development Corporation We hereby establish our Irrevocable Letter of Credit #22459502 effective immediately upon the recording of the final plat, in favor of the City of Albertville (the "City") at the request and for the account of Psyk Development Corporation in the amount of $9,600.00, as such amount is decreased as provided below, available to you by your sight draft or drafts drawn upon us in connection with the completion of streets, storm and sanitary sewer, and water lines in the Psyk 8th addition, City of Albertville (the Improvements") in the Development Agreement between the City of Albertville and Psyk Development Corporation. Each draft drawn under this Letter of Credit must be accompanied by: a) The original of this Letter of Credit; b) A notarized draft executed by the City Administrator, starting the Developer is in default of the Development Agreement, and that the City is entitled to draw upon the Letter of Credit. Such statement shall set forth the Improvements not completed, the respect in which the Improvement have not been completed and the amount required to cure such failure. Each draft drawn under this Letter of Credit must: 1) Be signed on behalf of the City by the City administrator or his/her designee; 2) Be in an amount required to cure the default by the Developer of complete the Improvements, which amount shall not exceed $9,600.00. 3) bear on its face the clause: "Drawn under Letter of Credit #22459502, dated September 14, 2000"; 4) Be presented for payment at his office no later than 1 :00 P.M. on September 14, 2001, at which time this Letter of Credit shall expire. We hereby agree that drafts drawn under and presented in conformity with the terms of the Letter of Credit will duly honored upon presentation. Except as otherwise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credit International Chamber of Commerce Publication No. 500 (The "Uniform Customs"). This Letter of Credit shall be governed by and construed in accordance with the laws and of the State of Minnesota, including the Uniform Commercial Code as in effect in State of Minnesota. This Letter of Credit is not transferable or assignable and is not issued for the benefit of any third party claimant. We shall not be called upon to resolve issues of fact or law between the Beneficiary and the Developer. 2100 Ford Pkwy. 5270 W. 84th Street St. Paul, MN Bloomington, MN 5985 Large Ave. Albertville. MN 701 Central Ave. E. St. Michael. MN 13370 Grove Drive Maple Grove. MN HIGHLANDBANKS HIGHLAND BANK (a Minnesota Banking Corporati ~ By: Its: 21 00 Ford Pkwy. St. Paul, MN 5270 W. 84th Street Bloomington, MN 5985 Large Ave. Albertville, MN 701 Central Ave. E. St. Michael, MN 13370 Grove Drive Maple Grove, MN