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statement furnished pursuant hereto or in any other City Document proves to have been false or <br />misleading in any material adverse respect when made; <br />g. If, pursuant to or within the meaning of the United States Bankruptcy <br />Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy <br />Law"), Trustor or any general partner thereof (i) commences a voluntary case or proceeding; (ii) <br />consents to the entry of an order for relief against Trustor or any general partner thereof in an <br />involuntary case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or <br />similar official for Trustor or any general partner thereof; (iv) makes an assignment for the <br />benefit of its creditors; 6r (v) admits in writing its inability to pay its debts as they become due. <br />h. If a court of competent jurisdiction enters an order or decree under any <br />Bankruptcy Law that (i) is for relief against Trustor or any general partner thereofin an <br />involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for <br />Trustor or any general partner thereof or substantially all of such entity's assets, (iii) orders the <br />liquidation ofTrustor or any general partner thereof, or (iv) issues or levies a judgment, writ, <br />warrant of attachment or similar process against the Property or the Project, and in each case the <br />order or decree is not released, vacated, dismissed or fully bonded within 60 days after its <br />issuance. <br />i. The holder of any other debt instrument secured by a mortgage or deed of <br />trust on the Property or part thereof declares an event of default thereunder and exercises a right <br />to declare all amounts due under that debt instrument immediately due and payable, subject to <br />the expiration of any applicable cure period set forth in such holder's documents; or <br />j. Trustor fails to perform any obligation arising under this Deed of Trust <br />other than one enumerated in this Section 8.1, and does not cure that failure either within ten (10) <br />days after written notice from Beneficiary or Trustee in the event of a monetary default, or <br />within thirty (30) days after such written notice in the event of a nonmonetary default, provided <br />that in the case of a nonmonetary default that in Beneficiary's reasonable judgment cannot <br />reasonably be cured within thirty (30) days, an Event of Default shall not arise hereunder if <br />Trustor commences to cure such default within thirty (30) days and thereafter prosecutes such <br />cure to completion with due diligence and in good faith and in no event later than ninety (90) <br />days, or such longer period as the City may approve, following receipt of notice of default. <br />8.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at <br />any time after an Event of Default, Beneficiary and Trustee shall be entitled to invoke any and all <br />of the rights and remedies described below, and may exercise any one or more or all, of the <br />remedies set forth in any City Document, and any other remedy existing at law or in equity or by <br />statute, subject to the nonrecourse provisions set forth in the Note. All of Beneficiary's rights <br />and remedies shall be cumulative, and the exercise of any one or more of them shall not <br />constitute an election of remedies. Beneficiary shall be entitled to collect all expenses incurred <br />in pursuing the remedies provided hereunder, including without limitation reasonable attorneys' <br />fees and costs. <br />a. Acceleration. Beneficiary may declare any or all of the Secured <br />Obligations, including without limitation all sums payable under the Note and this Deed of Trust, <br />2890663.l 14