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Commercial Rehab - FH Dailey with Deed - Signed
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Commercial Rehab - FH Dailey with Deed - Signed
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CM City Clerk-City Council - Document Type
Agreement
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1.4 MANNER OF PAYMENT. All payments on this Note shall be made to City at <br />835 East 14t" Street, San Leandro, CA 94577 or such other place as City shall designate <br />to Owner in writing, or by wire transfer of immediately available funds to an account <br />designated by City in writing. <br />2. DEFAULTS <br />2.1 EVENTS OF DEFAULT. The occurrence of any one or more of the following <br />events shall constitute an event of default hereunder ("Event of Default"): <br />(a) Owner removes the Improvements from the Premises. <br />(b) Owner fails to maintain the Improvements and the Premises in good <br />condition and repair in violation of Section 4.3 of the Loan Agreement and Owner fails to <br />cure such default within 30 days following written notice from City. <br />(c) Owner fails to maintain insurance as required pursuant to the Loan <br />Documents, and Owner fails to cure such default within fifteen (15) days. <br />(d) A Transfer in violation of Section 1 A(b) of the Loan Agreement. <br />(e) 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 />(f) Owner defaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Section 2 contained in this Note or <br />in any other Loan Document, and unless such document specifies a shorter cure period for <br />such default, the default continues for ten (10) days in the event of a monetary default or <br />thirty (30) days in the event of a nonmonetary default after the date upon which City shall <br />have given written notice of the default to Owner (or such longer time as City may agree <br />upon in writing), provided that in each case Owner commences to cure the default within <br />thirty (30) days and thereafter prosecutes the curing of such default with due diligence and <br />in good faith. <br />(g) 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 />2.2 REMEDIES. Upon the occurrence of an Event of Default hereunder, City <br />may, at its option (i) by written notice to Owner, declare the entire unpaid principal balance <br />of this Note, together with all accrued interest thereon and all sums due hereunder, <br />immediately due and payable regardless of any prior forbearance, (ii) exercise any and all <br />rights and remedies available to it under applicable law, and (iii) exercise any and all rights <br />and remedies available to City under this Note and the other Loan Documents. Owner <br />shall pay all reasonable costs and expenses incurred by or on behalf of City including, <br />without limitation, reasonable attorneys' fees, incurred in connection with City's <br />enforcement of this Note and the exercise of any or all of its rights and remedies hereunder. <br />C-2 <br />
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