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FULL AGENDA PACKET_2021-04-20
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FULL AGENDA PACKET_2021-04-20
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Clerk of the Council
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4/20/2021
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EXHIBIT 3 <br />16. Event of Default. <br />Subject to the Provisions of Section 25 hercot, the occurrence of any of the tollowing <br />shall be deemed to be an event of default (" kveot of Default") hereunder: (a) failure by Borrower <br />to make any payments provided fin- herein, and if such default is not made good within lifleen <br />(15) days of written notice to Borrower of such default; or (b) failure by Borrower- to perform <br />any covenant or agreement in the Deed of Trust, the Loan Agreement, or the Affordability <br />Restrictions on Transfer of Property within thirty (30) days after written demand therefor by City <br />(or, in the event that more than thirty (10) days is reasonably required to cure such default, <br />should Burrower fail to promptly commence such cure, and dilivenily and continuously <br />prosecute same 10 completion). Notwithstanding the foregoing, if Borrower fail, to cure such <br />breach during the tittle set forth herein fur such cure, City shall provide written notice of such <br />failure to Limited Paruter and oo Fveot of Default shall be deemed to occur unless Limited <br />Partner Iails to cure such breach willim 30 days following delivery of such notice, provided, <br />however, if in carder to cure such breach Limited Partner determines that it must remove the <br />Gaactal Partner ptnsuant to the tams of the Parmership Agrecmem, then no Event of Default <br />shall occur until 30 days follow ing the effective date of such removal. <br />17. Remedies. <br />Upon tlic uccurrenec and during the continuance of an Event of Default. after any <br />applicable notice has been provided aril the expiration of any applicable cure period therefore, <br />Gly may declare all sums evidenced hereby immediately due and payable by delivery to the <br />Trustee named in the City Deed of Trust securing this Note, and to Borrower, written declaration <br />of default and demand for sale, and written notice of dcfattlt and of election to cattle the Property <br />to be sold, which notice Trustee shall cause to be duly filed for record and City may foreclose on <br />the City Deed of Trust. Cit-v shall also deposit with Trustee the Deed of Trust, this Note and all <br />documents evidencing expenditures secured thereby and evidenced hereby- No delay or <br />omission on the part of the City in exercising any tight under this Note or under any of the other <br />Loan Documents shall operate as a waiver of such right. <br />18. Attornevs' Fees. <br />1f this City Loan Nulc is not paid whets due or if any Event of Default occurs, Bon-owcr <br />promises to pay all Costs of entorcerncnt and collection, including but not limited to, reasonable <br />attorneys' fees, whetlner or not an-y action or proceeding is brought to enforce the provisions <br />hereof <br />19. Severnhility. <br />Every provision of this Note is intended to be severable. In the event any term or <br />provision hereof is declared by a court of compefent jurisdiction, to be illegal or invalid for any <br />reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and <br />provisions hereof, which terms and provisions sltall remain binding and cnfmccablc. <br />9 <br />City Council 21 — 80 4/20/2021 <br />
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