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Agmt 2014 Hello Housing
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Agmt 2014 Hello Housing
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Last modified
3/19/2014 4:05:55 PM
Creation date
3/19/2014 3:44:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/11/2014
Retention
PERM
Document Relationships
Inst 2014050687
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Inst 2014050688
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Inst 2014132612
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
Reso 2014-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2014
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4. Prepayment. Borrower shall have the right to prepay this Note in whole or in part without <br /> penalty or premium. <br /> 5. Default. The occurrence of any of the following shall constitute an event of default under <br /> this Note, subject to the cure periods set forth in Section 6 below: (i) Borrower fails to pay any <br /> amount due hereunder within fifteen(15)days of its due date; (ii)any default by Borrower under the <br /> Deed of Trust, the Regulatory Agreement or the Loan Agreement and remains uncured beyond the <br /> expiration of the applicable cure period; and (iii) any sale, exchange, transfer; assignment or other <br /> conveyance of the Project in violation of the Loan 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 any <br /> agreement which secures the indebtedness or is related thereto shall not affect any other right or <br /> remedy, and no single or partial exercise of any such right or remedy shall preclude any further <br /> exercise thereof. <br /> 6. Notice of Default: Cure Periods. The City shall not exercise any right or remedy provided <br /> herein because of any default of Borrower unless, in the event of a monetary default, Borrower shall <br /> have failed to pay the outstanding sums within thirty (30) calendar days after notice to Borrower <br /> that payment was due, or in the event of a nonmonetary default, the City shall have first given <br /> written notice thereof to Borrower and Borrower shall have failed to cure the nonmonetary default <br /> within a period of sixty(60)days after the giving of such notice of such default; provided that, if the <br /> nonmonetary default cannot be cured within sixty (60) days and Borrower proceeds diligently to <br /> cure such default until it shall be fully cured within no more than one hundred twenty (120) days <br /> after the giving of such notice, the City shall not exercise any right or remedy provided for herein <br /> until such one hundred twenty (120) 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 in <br /> 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 benefit <br /> of creditors, or if a receiver or trustee is appointed for Borrower and such appointment or such <br /> receivership is not terminated within sixty (60) days. Notwithstanding anything to the contrary <br /> contained herein, the Beneficiary hereby agrees that any cure of any default made or tendered by one <br /> or more of Trustor's limited partners shall be deemed to be a cure by Trustor and shall be accepted <br /> or rejected on the same basis as if made or tendered by Trustor. <br /> 7. Waiver. Borrower and any endorsers hereof and all others who may become liable for all or <br /> any part of this obligation,severally waive presentment for payment,demand and protest and notice <br /> of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of <br /> the time of payment hereof or of any installment hereof, to the release of any party liable for this <br /> obligation, and any such extension or release may be made without notice to any of said parties and <br /> without in any way affecting or discharging this liability. <br /> 8. Attorneys' Fees. Borrower agrees to pay immediately upon demand all costs and expenses of <br /> the City including reasonable attorneys' fees if: (i) after a default hereunder or under the Deed of <br />
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