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10A Action 2012 0716
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10A Action 2012 0716
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7/24/2012 4:10:35 PM
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7/11/2012 11:42:55 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/16/2012
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_CC Agenda 2012 0716 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0716
Reso 2012-094
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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the Deed of Trust, the Regulatory Agreement or the Loan Agreement; and (iii) any sale, <br />exchange, transfer, assignment or other conveyance of the Project in violation of the Loan <br />Agreement. <br />Upon the occurrence of any event of default, or at any time thereafter, at the option of the <br />City, the entire unpaid principal owing on this Note shall become immediately due and payable. <br />This option may be exercised at any time following any such event, and the acceptance of one or <br />more installments thereafter shall not constitute a waiver of such option with respect to any <br />subsequent event. The City's failure in the exercise of any right or remedy hereunder or under <br />any agreement which secures the indebtedness or is related thereto shall not affect any other right <br />or remedy, and no single or partial exercise of any such right or remedy shall preclude any <br />further exercise thereof. <br />6. Notice of Default; Cure Periods The City shall not exercise any right or remedy <br />provided herein because of any default of Borrower unless, in the event of a monetary default, <br />Borrower shall have failed to pay the outstanding sums within thirty (30) calendar days after <br />notice that payment was due, or in the event of a nonmonetary default, the City shall have first <br />given written notice thereof to Borrower and Borrower shall have failed to cure the nonmonetary <br />default within a period of thirty (30) days after the giving of such notice of such default; <br />provided that, if the nonmonetary default cannot be cured within thirty (30) days and Borrower s <br />proceeds diligently to cure such default until it shall be fully cured within no more than sixty <br />(60) days after the giving of such notice, the City shall not exercise any right or remedy provided <br />for herein until such sixty (60) day period shall expire; provided however, the City shall not be <br />required to give any such notice or allow any grace period if Borrower shall have filed a petition <br />in bankruptcy or for reorganization, or a bill in equity or otherwise initiated proceedings for the <br />appointment of a receiver of its assets, or if Borrower shall have made an assignment for the <br />benefit of creditors, or if a receiver or trustee is appointed for Borrower and such appointment or <br />such receivership is not terminated within forty-five (45) days. <br />7. Waiver Borrower and any endorsers hereof and all others who may become liable for all <br />or any part of this obligation, severally waive presentment for payment, demand and protest and <br />notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any <br />extension of the time of payment hereof or of any installment hereof, to the release of any party <br />liable for this obligation, and any such extension or release may be made without notice to any of <br />said parties and without in any way affecting or discharging this liability. <br />8. Attorneys' Fees Borrower agrees to pay immediately upon demand all costs and <br />expenses of the City including reasonable attorneys' fees if: (i) after a default hereunder or <br />under the Deed of Trust, the Regulatory Agreement, or the Loan Agreement, the City finds it <br />necessary or desirable to secure the services or advice of one or more attorneys with regard to <br />collection of this Note against Borrower, any guarantor, or any other party liable therefor, or to <br />the protection of its rights under this Note, the Deed of Trust, the Regulatory Agreement, or the <br />Loan Agreement, or (ii) the City seeks to have the Project abandoned by or reclaimed from any <br />estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or <br />collection of the Note or prohibiting the enforcement of the Deed of Trust or any other <br />agreement evidencing or securing this Note lifted by any bankruptcy or other court. <br />1908509.2 <br />
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