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Inst 2006181157
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Inst 2006181157
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Last modified
8/17/2015 4:00:57 PM
Creation date
12/12/2006 4:42:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/5/2006
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
Document Relationships
Inst 2010336109
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2010
RDA Reso 2006-001
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
Reso 2006-045
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this <br />Agreement from and after such trustee's sale or foreclosure sale. Promptly upon determining <br />that a violation of this Agreement has occurred, Agency shall give written notice to the holders of <br />record of any mortgages or deeds of trust encumbering the Project or the Property that such <br />violation has occurred. <br /> <br />9. Default and Remedies. <br /> <br />9.1 Events of Default. The occurrence of anyone or more of the following events <br />shall constitute an event of default hereunder ("Event of Default"): <br /> <br />(a) The occurrence ofa Transfer in violation of Section 8 hereof; <br /> <br />(b) Owner's failure to maintain insurance on the Property and the Project as <br />required hereunder, and the failure of Owner to cure such default within 10 days. <br /> <br />(c) Subject to Owner's right to contest the following charges, Owner's failure <br />to pay taxes or assessments due on the Property or the Project or failure to pay any other charge <br />that may result in a lien on the Property or the Project, and Owner's failure to cure such default <br />within 10 days. <br /> <br />(d) Owner's default in the performance of any term, provision or covenant <br />under this Agreement or under any other City Document or Agency Document (other than an <br />obligation enumerated in this Subsection 9.1 ), and unless such provision specifies a shorter cure <br />period for such default, the continuation of such default for ten (10) days in the event of a <br />monetary default or thirty (30) days in the event of a non-monetary default following the date <br />upon which Agency shall have given written notice of the default to Owner, or ifthe nature of <br />any such non-monetary default is such that it cannot be cured within 30 days, Owner's failure to <br />commence to cure the default within thirty (30) days and thereafter prosecute the curing of such <br />default with due diligence and in good faith, but in no event longer than 120 days from receipt of <br />the notice of default. <br /> <br />The limited partners of Owner shall have the right to cure any default of Owner hereunder <br />upon the same terms and conditions afforded to Owner. Provided that Agency has been given <br />written notice of the address for delivery of notices to the limited partners, Agency shall provide <br />any notice of default hereunder to the limited partners concurrently with the provision of such <br />notice to Owner, and as to the limited partners, the cure periods specified herein shall commence <br />upon the date of delivery of such notice in accordance with Subsection 11.3. <br /> <br />9.2 Remedies. Ifwithin the applicable cure period, Owner fails to cure a default or fails <br />to commence to cure and diligently pursue completion of a cure, as applicable, or if a cure is not <br />possible, Agency may proceed with any of the following remedies: <br /> <br />(a) Bring an action for equitable relief seeking the specific performance of the <br />terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of <br />such terms and conditions, and/or seeking declaratory relief; <br /> <br />817718-5 <br /> <br />13 <br />
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