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Agmt 2006 Allied Housing Program (2)
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Agmt 2006 Allied Housing Program (2)
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Last modified
5/10/2007 12:47:48 PM
Creation date
12/12/2006 4:53:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/3/2006
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PERM
Document Relationships
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 />2. DEFAULTS <br /> <br />2.1 EVENTS OF DEFAULT. The occurrence of anyone or more of the <br />following events shall constitute an event of default hereunder ("Event of Default"): <br /> <br />(A) If Borrower fails to pay when due the principal and interest payable <br />hereunder and such failure continues for ten (10) days after City notifies Borrower thereof in <br />writing. <br /> <br />(B) If, pursuant to or within the meaning of the United States Bankruptcy <br />Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy <br />Law"), Borrower or any general partner thereof (i) commences a voluntary case or <br />proceeding; (ii) consents to the entry of an order for relief against Borrower or any general <br />partner thereof in an involuntary case; (iii) consents to the appointment of a trustee, receiver, <br />assignee, liquidator or similar official for Borrower or any general partner thereof; (iv) makes <br />an assignment for the benefit of its creditors; or (v) admits in writing its inability to pay its <br />debts as they become due. <br /> <br />(C) If a court of competent jurisdiction enters an order or decree under any <br />Bankruptcy Law that (i) is for relief against Borrower or any general partner thereof in an <br />involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for <br />Borrower or any general partner thereof or substantially all of such entity's assets, (iii) orders <br />the liquidation of Borrower or any general partner thereof, or (iv) issues or levies ajudgment, <br />writ, warrant of attachment or similar process against the Property or the Project, and in each <br />case the order or decree is not released, vacated, dismissed or fully bonded within 60 days <br />after its issuance. <br /> <br />(D) The occurrence of a Transfer in violation of Section 8 of the <br />Regulatory Agreement. <br /> <br />(E) If an event of default has been declared by the holder of any debt <br />instrument secured by a mortgage or deed of trust on the Project or the Property and such <br />holder exercises a right to declare all amounts due under that debt instrument immediately <br />due and payable, subject to the expiration of any applicable cure period set forth in such <br />holder's documents. <br /> <br />(F) If the Borrower fails to maintain insurance on the Property and the <br />Project as required pursuant to the City Documents, and Borrower fails to cure such default <br />within 10 days. <br /> <br />(G) Subject to Borrower's right to contest the following charges pursuant <br />to the City Documents, if the Borrower fails to pay taxes or assessments due on the Property <br />or the Project or fails to pay any other charge that may result in a lien on the Property or the <br />Project, and Borrower fails to cure such default within 10 days. <br /> <br />(H) If any representation or warranty contained in the City Documents or <br />any certificate furnished in connection with the foregoing or in connection with any request <br />for disbursement of Loan Proceeds proves to have been false or misleading in any material <br />adverse respect when made. <br />
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