RDA Agmt 2008 1750 Doolittle LLC etc

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(c) Intentionally left blank. (d) Noncompliance with Governmental Requirements. Borrower's failure to timely comply with any governmental requirements, including but not limited to obtaining licenses and permits related to the demolition of the building on the Property. (e) False Representations. If any material representation or disclosure made to Agency by Borrower in connection with this Agreement, the Loan or the Note proves to be false or misleading in any material adverse respect when made. (f) Bankruptcy. The filing by or against Borrower of a voluntary or involuntary petition in bankruptcy or the adjudication of the Borrower as bankrupt or insolvent, or the filing of any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or the seeking or consenting to or acquiescing in the appointment of any trustee, receiver, or liquidator of Borrower or any substantial part of or all of the property of Borrower, and if any such proceeding is not dismissed within sixty (60) days; the Borrower is named in any such proceeding and the same is not dismissed within one hundred twenty (120) days. (g) Intentionally left blank. (h) Transfer. The occurrence of a Transfer in violation of Section 3.2 of this Agreement. (i) Occurrence of an Event of Default in Other Documents. If an event of default has been declared under any Loan Document, subject to the expiration of any applicable cure period set forth in such documents. 5.2 Declaring Default. Whenever any Event of Default has occurred, other than failure to pay any sums due, the Agency shall give written notice of default to the Borrower. If the default is not cured within thirty (30) business days after the Date of Default (defined herein), or any extension approved in writing by the Agency, the Agency may enforce its rights and remedies under Section 5.3 below. Any default that has occurred shall be deemed to commence on the date that written notice of default is effective per Section 7.4 of this Agreement (the "Date of Default"). In the event of a default in the payment of any payment when due, the Borrower shall have ten (10) calendar days from the payment due date to cure such default after the Agency gives written notice. 5.3 Remedies. Upon the occurrence of any Event of Default, in addition to its other rights in this Agreement, and the Note, at law, or in equity, the Agency may exercise any one or more of the following rights and remedies: (a) accelerate and declare the entire unpaid principal balance of the Note together with all accrued interest thereon, and all other sums owing to the Agency immediately due and payable; and (b) foreclose on the Property pursuant to the Deed of Trust; and 1113396.3 6 s''r.~~ _ -~- T -' s,. .:.