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Agmt 2015 Trust of Sung H Paskewitz
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Agmt 2015 Trust of Sung H Paskewitz
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8/3/2015 4:55:05 PM
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8/3/2015 4:55:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/15/2015
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PERM
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Reso 2015-066
(Approved by)
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\City Clerk\City Council\Resolutions\2015
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ARTICLE V <br /> EVENTS OF DEFAULT <br /> The occurrence of any one or more of the following events shall constitute an <br /> event of default hereunder ("Event of Default"): <br /> (a) Owner removes the Improvements from the Property. <br /> (b) Owner fails to maintain insurance as required pursuant to the Loan <br /> Documents, and Owner fails to cure such default within 15 days. <br /> (c) Any representation or warranty contained in this Agreement or any <br /> certificate furnished in connection with the Loan or in connection with any request for <br /> disbursement of Loan Proceeds proves to have been false or misleading in any material <br /> adverse respect when made. <br /> (d) Owner defaults in the performance of any term, provision, covenant or <br /> agreement (other than an obligation enumerated in this Article V) contained in this <br /> Agreement or in any other Loan Document, and unless such document specifies a <br /> shorter cure period for such default, the default continues for ten (10) days in the event <br /> of a monetary default or thirty (30) days in the event of a nonmonetary default after the <br /> date upon which City shall have given written notice of the default to Owner (or such <br /> longer time as City may agree upon in writing), provided that in each case Owner <br /> commences to cure the default within thirty (30) days and thereafter prosecutes the <br /> curing of such default with due diligence and in good faith. <br /> (e) If an Event of Default shall have been declared under any other Loan <br /> Document, subject to the expiration of any applicable cure period set forth in such <br /> documents. <br /> ARTICLE VI <br /> REMEDIES <br /> 6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an <br /> Event of Default and the expiration of any applicable cure period, City shall have all <br /> remedies available to it under law or equity, including, but not limited to the following, <br /> and City may, at its election, without notice to or demand upon Owner, except for <br /> notices or demands required by law or expressly required pursuant to the Loan <br /> Documents, exercise one or more of the following remedies: <br /> a) Accelerate and declare the balance of the Note and interest <br /> accrued thereon immediately due and payable; <br /> b) Seek specific performance to enforce the terms of the Loan <br /> Documents; <br /> Public Wi-Fi Installation 8 <br /> Loan Agreement <br />
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