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10A Action 2014 0616
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10A Action 2014 0616
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Last modified
2/8/2018 10:11:00 AM
Creation date
6/11/2014 10:55:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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PERM
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_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Inst 2016145589
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2016
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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7 <br />REMEDIES <br />6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an Event <br />of Default, Lendershall have all remedies available to it under law or equity, including, but not <br />limited to the following, and Lendermay, at its election, without notice to or demand upon <br />Borrower, except for notices or demands required by law or expressly required pursuant to the <br />Loan Documents, exercise one or more of the following remedies: <br />a)Accelerate and declare the balance of the Note and interest accrued thereon <br />immediately due and payable; <br />b)Seek specific performance to enforce the terms of the Loan Documents; <br />c)Foreclose on the Property pursuant to theDeed of Trust; <br />d)Pursue any and all other remedies available under lawor equityto enforce the <br />terms of the Loan Documents and Lender’srights thereunder. <br />6.2 REMEDIES CUMULATIVE. Each of the remedies provided herein is <br />cumulative and not exclusive of, and shall not prejudice any other remedy provided in any other <br />Loan Document. Lendermay exercise from time to time any rights and remedies available to it <br />under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted <br />in this Agreement or in any other instrument or notice, demand or legal process of any kind. <br />ARTICLE VII <br />MISCELLANEOUS <br />7.1 NOTICES. All notices to be sent pursuant to this Agreement shall be made in <br />writing, and sent to the Parties at their respective addresses specified below or to such other <br />address as a Party may designate by written notice delivered to the other Party in accordance <br />with this Section. All such notices shall be sent by: <br />(a)personal delivery, in which case notice shall be deemed delivered upon <br />receipt; <br />(b) certified or registered mail, return receipt requested, in which case notice shall <br />be deemed delivered two (2) business days after deposit, postage prepaid in the United States <br />mail; <br />(c) nationally recognized overnight courier, in which case notice shall be deemed <br />delivered one (1) day after depositwith such courier; or <br />(d) facsimile transmission, in which case notice shall be deemed delivered on <br />transmittal, provided that a transmission report is generated reflecting the accurate transmission <br />thereof.
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