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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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PERM
Document Relationships
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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trustee's sale or foreclosure sale. Promptly upon determining that a violation of this <br />Agreement has occurred, Agency shall give written notice to the holders of record of <br />any mortgages or deeds of trust encumbering the Project or the Property that such <br />violation has occurred. <br />9. Default and Remedies. <br />9.1 Events of Default. The occurrence of any one or more of the following <br />events shall constitute an event of default hereunder ("Event of Developer Default"): <br />(a) The occurrence of a Transfer in violation of Section 8 hereof; <br />(b) Owner's failure to maintain insurance on the Property and the <br />Project as required hereunder, and the failure of Owner to cure such default within ten <br />(10) days; <br />(c) Subject to Owner's right to contest the following charges, Owner's <br />failure to pay taxes or assessments due on the Property or the Project or failure to pay <br />any other charge that may result in a lien on the Property or the Project, and Owner's <br />failure to cure such default within thirty (30) days of delinquency; <br />(d) A default arises under any loan secured by a mortgage, deed of <br />trust or other security instrument recorded against the Property and remains uncured <br />beyond any applicable cure period such that the holder of such security instrument has <br />the right to accelerate repayment of such loan; <br />(e) An Event of Developer Default has been declared under the OPA, <br />the Note or the Deed of Trust; <br />(f) Owner's default in the performance of any term, provision or <br />covenant under this Agreement (other than an obligation enumerated in this Subsection <br />9_1 ), and unless such provision specifies a shorter cure period for such default, the <br />continuation of such default for ten (10) days in the event of a monetary default or sixty <br />(60) days in the event of anon-monetary default following the date upon which Agency <br />shall have given written notice of the default to Owner, or if the nature of any such non- <br />monetary default is such that it cannot be cured within sixty (60) days, Owner's failure <br />to commence to cure the default within sixty (60) days and thereafter prosecute the <br />curing of such default with due diligence and in good faith, but in no event longer than <br />120 days from receipt of the notice of default. <br />The limited partners of Owner, Project lenders, and the fee owner of the Property <br />shall have the right to cure any default of Owner hereunder upon the same terms and <br />conditions afforded to Owner, subject to any additional rights set forth in the OPA. <br />Provided that Agency has been given written notice of the address for delivery of <br />notices to the limited partners, the Project lenders, and the fee owner of the Property, <br />Agency shall provide any notice of default hereunder to such parties concurrently with <br />the provision of such notice to Owner, and as to the limited partners, Project lenders, <br /> <br />
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