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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 terms 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/NSP Loan, Loan <br />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 />provided by law, including, without limitation, the right to seek specific performance and <br />the right to foreclose on any security and exercise any other rights with respect to any <br />security, all in such order and manner as City elects in its sole and absolute discretion; <br />(d) Suspend or terminate the award of NSP funds if Developer fails to <br />comply with any term of that award; and, <br />(e) Right to Cure at Developer's Expense. The City shall have the right <br />to cure any monetary Event of Default by Developer under a loan other than the City/NSP <br />Loan. The Developer agrees to reimburse the City for any fimds advanced by the City to <br />cure a monetary default by Developer upon demand therefore, together with interest <br />thereon at the rate of twelve percent (12%) per annum (which rate shall in no event exceed <br />the maximum rate permitted by law and if it does, said rate shall be reduced to the <br />maximum rate then permitted by law), from the date of expenditure until the date of <br />reimbursement. <br />20.3. Cumulative Remedies: No Waiver. City's rights and remedies under the <br />Loan Documents are cumulative and in addition to all rights and remedies provided by law. <br />47 <br />The Crossroads at Washington <br />City NSP Loan Agreement <br />