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Agmt 2009 Alameda Housing Associates LP
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Agmt 2009 Alameda Housing Associates LP
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7/24/2009 2:59:01 PM
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7/24/2009 2:58:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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Agmt 2009 Alameda Housing Associates LP (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
Agmt 2013 Alameda Housing Associates LC
(Amended by)
Path:
\City Clerk\City Council\Agreements\2013
RDA Reso 2009-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2009
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of the Land, the cure periods specified herein shall commence upon the date of delivery <br />of such notice in accordance with Section 10.2. <br />8. Default and Remedies <br />8.1 Events of Default. Trustor acknowledges and agrees that an Event of <br />Developer Default shall occur under this Deed of Trust upon the occurrence of any one <br />or more of the following events: <br />a. Beneficiary's declaration of an Event of Developer Default under <br />any Loan Document, subject to the expiration of any applicable cure period set forth in <br />such document; <br />b. Trustor fails to perform any monetary obligation which arises- under <br />this Deed of Trust, and does not cure that failure within ten (10) days following written <br />notice from Beneficiary or Trustee; <br />c. If Trustor's interest in the Property or any part thereof is voluntarily <br />or involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in <br />violation of Section 7.6 hereof or if any other Transfer occurs in violation of the OPA; <br />d. Trustor fails to maintain the insurance coverage required hereunder <br />and fails to cure such default within ten (10) days, or Developer otherwise fails to <br />comply with the requirements of Section 7.10 hereof and Trustor fails to cure such <br />default within the applicable time specified in Section 7.10; <br />e. Subject to Trustor's right to contest such charges as provided <br />herein, Trustor fails to pay taxes or assessments due on the Land or the Improvements <br />or fails to pay any other charge that may result in a lien on the Land or the <br />Improvements, and Trustor fails to cure such default within 30 days of the date of <br />delinquency, but in all events prior to the imposition of any such lien; <br />f. Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Deed of Trust or in any certificate or <br />statement furnished pursuant hereto or in any other Loan Document proves to have <br />been false or misleading in any material adverse respect when made; <br />g. If, pursuant to or within the meaning of the United States <br />Bankruptcy Code or any other federal or state law relating to insolvency or relief of <br />debtors ("Bankruptcy Law"), Trustor or any general partner thereof (i) commences a <br />voluntary case or proceeding; (ii) consents to the entry of an order for relief against <br />Trustor or any general partner thereof in an involuntary case; (iii) consents to the <br />appointment of a trustee, receiver, assignee; liquidator or similar official for Trustor or <br />any general partner thereof; (iv) makes an assignment for the benefit of its creditors; or <br />(v) admits in writing its inability to pay its debts as they become due; <br />h. If a court of competent jurisdiction enters an order or decree under <br />any Bankruptcy Law that (i) is for relief against Trustor or any general partner thereof in <br />ii8o284-6 16 <br />
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