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demand or notice, to declare all sums secured hereby immediately due and payable. Consent to <br />one such transaction shall not be deemed to be a waiver of the right to require consent to future or <br />successive transactions. City may grant or deny such consent in its sole discretion and, if consent <br />should be given, any such transfer shall be subject to this section 13, and any such transferee shall <br />assume all obligations hereunder and agree to be bound by all provisions contained herein. Such <br />assumption shall not, however, release Borrower from any liability thereunder without the prior <br />written consent of City. <br />b. As used herein, "transfer" includes the Sale, agreement to sell, transfer or <br />conveyance of the Property, or any portion thereof or interest therein, whether voluntary, <br />involuntary, by operation of law or otherwise, the execution of any installment land sale contract <br />or similar instrument affecting all or a portion of the Property, or the lease of all or substantially <br />all of the Property. 'Transfer' shall not include the leasing of individual residential units on the <br />Property, so long as Borrower complies with the provisions of the Agreement and the Affordability <br />Covenants and Restrictions relating to such leasing activity, nor shall it include a conveyance of <br />the Property to a limited partnership in which Borrower is a general partner, or to a corporation or <br />limited liability company that is wholly owned by the Borrower or its affiliates and that is formed <br />for the sole purpose of owning and operating the Property, or the sale back to the Borrower. In the <br />event of any Refinancing or partial Refinancing in an amount in excess of the balance of the Senior <br />Loan, without the prior written consent of City (which consent City may grant or deny in its sole <br />discretion), then the entire outstanding balance of the Inclusionary Loan shall be repaid to the City <br />at the time of each Refinancing or partial Refinancing. Additionally, a "Transfer" shall not include <br />any transaction not considered a "transfer' under section 16.2 of the Agreement or which is <br />otherwise permitted under Section 16.3 or 16.4 of the Agreement. <br />14. Event of Default. <br />Subject to the provisions of Sections 21 and 23 hereof, the occurrence of any of the <br />following shall be deemed to be an event of default which is not cured within the applicable time <br />period described therein ("Event of Default") hereunder: (a) failure by Borrower to make any <br />payments provided for herein, and if such default is not made good within ten (10) Business Days <br />after Developer's receipt of written notice that such payment was not received when due; (b) failure <br />by Borrower to perform any covenant or agreement in the Deed of Trust, the Agreement, or the <br />Affordability Covenants and Restrictions within thirty (30) days after written demand therefor by <br />City (or, in the event that more than thirty (30) days is reasonably required to cure such default, <br />should Borrower fail to promptly commence such cure, and diligently and continuously prosecute <br />same to completion); or (c) a default under the Senior Loan Deed of Trust that remains uncured <br />after any applicable notice has been provided and the expiration of any applicable cure period <br />therefore, if any, provided therein. <br />15. Remedies. <br />Upon the occurrence of an Event of Default, after any applicable notice has been provided <br />and the expiration of any applicable cure period, City may declare all sums evidenced hereby <br />immediately due and payable by delivery to the Trustee named in the Deed of Trust securing this <br />9 <br />55A-101 <br />