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8L Consent 2016 1219
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8L Consent 2016 1219
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/19/2016
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6 <br />described in Section 2.1, and in each case the order or decree is not released, vacated, dismissed <br />or fully bonded within sixty (60) days after its issuance. <br />(d) If the Borrower violates any law, rule, ordinance, or regulation and fails to <br />cure or take action to cure such default within five (5) calendar days. <br />(e) If any representation or warranty contained in the Loan Documents or any <br />certificate furnished in connection with the foregoing or in connection with any request for <br />disbursement of Loan Proceeds proves to have been false or misleading in any material adverse <br />respect when made. <br />(f) If the Borrower defaults in the performance of any term, provision, covenant or agreement (other than an obligation enumerated in this Article V) contained in this Agreement or in any other Loan Document, and unless such document specifies a shorter cure <br />period for such default, the default continues for five (5) days in the event of a monetary default <br />or thirty (30) days in the event of a nonmonetary default after the date upon which Lender shall <br />have given written notice of the default to Borrower (or such longer time as Lender may agree upon in writing), provided that in each case Borrower commences to cure the default within <br />thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in <br />good faith. <br />ARTICLE VI <br />REMEDIES <br />6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an Event <br />of Default, Lender shall have all remedies available to it under law or equity, including, but not <br />limited to the following, and Lender may, 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) Execute all documents and take all actions necessary to insure that Borrower is <br />paid any and all assessments or payments due to Lender first to satisfy the Note; <br />d) Pursue any and all other remedies available under law or equity to enforce the terms of the Loan Documents and Lender’s rights 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. Lender may exercise from time to time any rights and remedies available to it 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.
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