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WESTVIEW HOUSE L (3).P
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WESTVIEW HOUSE L (3).P
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Last modified
7/6/2022 11:57:00 AM
Creation date
7/6/2022 11:54:11 AM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-085
Agency
Community Development
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obligation hereunder and held and disbursed in the same manner as the Proceeds. <br />(c) Developer shall execute such documents as City reasonably requires <br />to evidence and secure Developer's obligation to use all amounts disbursed for the diligent <br />restoration of the Property. <br />(d) No Event of Default shall remain uncured. <br />19.5. Method of Disbursement and Undisbursed Funds. Any Proceeds and <br />Shortfall Funds to be disbursed to Developer shall be held by City and disbursed in <br />accordance with then customary disbursement procedures and related provisions. Any <br />amounts remaining undisbursed following completion of such restoration shall be returned <br />to Developer up to the amount of any Shortfall Funds deposited by Developer, and any <br />other amounts remaining shall either be paid to Developer or applied by City against any <br />obligations to City that are secured by a lien on the Property, as they elect in their sole and <br />absolute discretion. <br />19.6. Failure to Satisfy Conditions. In the event that Developer fails to fulfill <br />the Restoration Conditions within ninety (90) days, unless extended, following the date on <br />which the damage occurs, the Proceeds shall be applied by City against any obligations to <br />City that are secured by a lien on the Property, and the selection of which such obligations <br />to apply the Proceeds against shall be made by City in their sole and absolute discretion, <br />subject to the rights of the Senior Lender. <br />19.7. Condemnation; Treatment of Compensation. Subject to any superior <br />rights of Senior Lender, Developer hereby assigns to the City, as security for all obligations <br />to City secured by a lien on the Property, all amounts payable to Developer in connection <br />with any Condemnation, and any proceeds of any related settlement (collectively, <br />"Compensation"). Subject to any superior rights of Senior Lender, Developer shall deliver <br />such remaining Compensation to City immediately upon receipt. I£ the taking results in a <br />loss of the Property to an extent that, in the reasonable opinion of City, renders or is likely <br />to render the Property not economically viable or if, in City's reasonable judgment <br />Developer's security is otherwise impaired, City may apply the Compensation received <br />due to judgment or settlement in connection with any condemnation or other taking to <br />reduce the unpaid obligations secured in such order as City may determine, and without <br />any adjustment in the amount or due dates of payments due under the City/Rental <br />Rehabilitation Program Loan Note. If so applied, any award in excess of the unpaid <br />balance of the City/Rental Rehabilitation Program Loan Note and other sums due to City <br />shall be paid to Developer or Developer's assignee. City shall have no obligation to take <br />any action in connection with any actual or threatened condemnation or other proceeding. <br />(a) Notwithstanding the foregoing, as long as the Developer is not in <br />default under the Loan Documents, any condemnation proceeds may be used by the <br />Developer for repair and/or restoration of the Project. <br />Section 20. DEFAULTS AND REMEDIES <br />20.1. Events of Default. The occurrence of any of the following, whatever the <br />44 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />
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