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Inst 2012080052
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Inst 2012080052
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4/12/2012 12:57:59 PM
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4/12/2012 12:57:59 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2012
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
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• <br /> events shall constitute an event of default hereunder ( "Event of 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 10 <br /> 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 sixty (60) days of delinquency, but in all events prior to <br /> the date upon which the holder of any lien has the right to pursue foreclosure thereof; <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) A default arises under the Loan Agreement, the Note, the Deed of <br /> Trust or any other City Document (as defined in the Loan Agreement) and remains <br /> uncured beyond the expiration of all applicable cure periods; and <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 thirty <br /> (30) days in the event of a non - monetary default following the date upon which City <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 30 days, Owner's failure to <br /> commence to cure the default within thirty (30) days and thereafter prosecute the curing <br /> of such default with due diligence and in good faith, but in no event longer than 120 <br /> days from receipt of the notice of default. <br /> The limited partners of Owner shall have the right to cure any default of Owner <br /> hereunder pursuant to the terms of the Loan Agreement. Provided that City has been <br /> given written notice of the address for delivery of notices to the limited partners, City <br /> shall provide any notice of default hereunder to the limited partners concurrently with <br /> the provision of such notice to Owner, and as to the limited partners, the cure periods <br /> specified herein and in the Loan Agreement shall commence upon the date of delivery <br /> of such notice in accordance with Subsection 11.3. <br /> 9.2 Remedies. Upon the occurrence of an Event of Default and its <br /> continuation beyond any applicable cure period, City may proceed with any of the <br /> following remedies: <br /> A. Bring an action for equitable relief seeking the specific performance of the <br /> 1753724.4 1 6 <br />
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