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institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, <br />readjustment of debt, dissolution, custodianship, conservatorship, liquidation, <br />rehabilitation or similar proceeding relating to it or any part of its property; or any similar <br />proceeding is instituted without the consent of Developer and continues undismissed or <br />mistayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, <br />or similar process is issued or levied against any property of Developer and is not released, <br />vacated or fully bonded within ninety (90) days after its issue or levy; <br />0) Any of the Senior Loan documents is amended, supplemented or <br />otherwise modified without City's prior written consent, to the extent the City's consent is <br />required pursuant to any subordination agreement between the City and the Senior Lender; <br />(k) Senior Loan Document Breach. Any default or breach of Developer <br />that continues uncured after the expiration of any applicable cure period under any other <br />loan document including, but not limited to, the Senior Loan Documents (including but not <br />limited to the Senior Loan Deed of Trust); <br />(1) Voluntary Suspension. The voluntary suspension of Developer's <br />business or the dissolution or termination of the Partnership (if any) constituting <br />Developer; <br />(m) Unauthorized Transfer. Developer's sale or other transfer of the <br />Property or the Project in violation of such teens herein; <br />(n) Fraud or Material Misstatement or Omissions. Any fraudulent act <br />or intentional material omission of Developer's, or intentional material misrepresentation <br />of Developer's, pertaining to or made in connection with the City/Rental Rehabilitation <br />Program Loan, Loan Documents or the Project; or, <br />(o) Project Monies. Developer's intentional misapplication or <br />embezzlement of Project monies. <br />20.2. Remedies Upon Default. Upon the occurrence and during the continuance <br />of any Event of Default, City may, at its option and in its absolute discretion, do any or all <br />of the following: <br />(a) By written notice to Developer, declare the principal of all amounts <br />owing under the Loan Documents, together with all accrued interest and other amounts <br />owing in connection therewith, to be immediately due and payable, regardless of any other <br />specified due date; provided that any Event of Default described in Section 20.1 shall <br />automatically, without notice or other action on City's part, cause all such amounts to be <br />immediately due and payable; <br />(b) In its own right or by a court -appointed receiver, take possession of <br />the Property, enter into contracts for and otherwise proceed with the completion of the <br />construction by expenditure of its own funds; <br />(c) Exercise any of its rights under the Loan Documents and any rights <br />46 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />