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8H Consent Calendar 2018 1217
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8H Consent Calendar 2018 1217
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12/11/2018 7:46:49 PM
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12/11/2018 7:46:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/17/2018
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Reso 2018-160
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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9 <br />unless such document specifies a shorter cure period for such <br />default, the default continues for ten (10) days in the event of a <br />monetary default or thirty (30) days in the event of a nonmonetary <br />default after the date upon which Lender shall have given written <br />notice of the default to Borrower (or such longer time as Lender <br />may agree upon in writing), provided that in each case Borrower <br />commences to cure the default within thirty (30) days and thereafter <br />prosecutes the curing of such default with due diligence and in <br />good faith; <br /> <br />(c) The occurrence of any event of default which, under the terms of <br />the Agreement or the Note, shall entitle the Beneficiary to exercise <br />the rights or remedies thereunder; <br /> <br />(d) If Trustor’s interest in the Property or any part thereof is voluntarily <br />or involuntarily sold, transferred, leased, encumbered, or otherwise <br />conveyed in violation of Section 5.12 hereof or if any other transfer <br />occurs in violation of the Agreement; <br /> <br />(f) Failure of Trustor to pay taxes or assessments due on the Land or <br />the Improvements or failure to pay any other charge that may result <br />in a lien on the Land or the Improvements, and Trustor fails to cure <br />such default within 15 days; <br /> <br />(g) Failure of Trustor to maintain the insurance coverage required <br />under the Agreement and Trustor fails to cure such default within <br />60 days; <br /> <br />(h) If, pursuant to or within the meaning of the United States <br />Bankruptcy Code or any other federal or state law relating to <br />insolvency or relief of debtors (“Bankruptcy Law”), Borrower <br />(i) commences a voluntary case or proceeding; (ii) consents to the <br />entry of an order for relief against Borrower in an involuntary case; <br />(iii) consents to the appointment of a trustee, receiver, assignee, <br />liquidator, or similar official for Borrower; (iv) makes an assignment <br />for the benefit of its creditors; or (v) admits in writing its inability to <br />pay its debts as they become due. <br /> <br />(i) A default arises under any loan secured by a mortgage, deed of <br />trust, or other security instrument recorded against the Property <br />and remains uncured beyond any applicable cure period such that <br />the holder of such security instrument has the right to accelerate <br />repayment of such loan. <br /> <br />(j) Failure of Trustor to perform any obligation arising under this Deed <br />of Trust and to correct such failure within the required cure period.
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