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82-051
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82-051
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Last modified
1/3/2012 12:33:20 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-51
Date
4/19/1982
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declaration of acceleration <br />Revenues thereafter received <br />Bank in the following order: <br /> <br />by the Bank as provided in Section 8.01, and all <br />by the City hereunder, shall be applied by the <br /> <br /> First, to the payment of the costs and expenses of the Bank in <br />declaring such event of default, including reasonable compensation to its <br />agents, attorneys and counsel; <br /> <br /> Second, in case the principal of the Note shall not have become due <br />and payable,---~--the payment of the interest in default in the order of the <br />maturity of the installments of such interest, with interest on the overdue <br />installments at the rate equal to two percent (2%) above the rate in effect on <br />the Note at the date of default (to the extent that such interest on overdue <br />installments shall have been collected); <br /> <br /> Third, in case the principal of the Note shall have become and <br />shall be thence and payable, to the payment of the whole amount then owing <br />and unpaid upon the Note for principal and interest, with interest on the <br />overdue principal and installments of interest at a rate equal to two percent <br />{2%) above the rate in effect on the Note at the date of default, and in case <br />such monies shall be insufficient to pay in full the whole amount so owing and <br />unpaid upon the Note, then to the payment of such principal and interest <br />without preference or priority of principal over interest, or interest over <br />principal, or of any installment of interest over any other installment of <br />interest, ratably to the aggregate of such principal and interest. <br /> <br /> Section 7.03. Institution of Legal Proceedings b~ Bank. If one or more <br />of the events of default shall happen and be continuing, the Bank in its <br />discretion may, and upon being indemnified to its satisfaction therefor, <br />shall, proceed to protect or enforce its rights under the Ordinance or under <br />this Resolution by a suit in equity or action at law, either for the specific <br />performance of any covenant or agreement contained herein, or in aid of the <br />execution of any power herein granted, or by mandamus or other appropriate <br />proceeding for the enforcement of any other legal or equitable remedy as the <br />Bank shall deem most effectual in support of any of its rights or duties <br />hereunder. <br /> <br /> Section 7.04. Effect of Dela~ or Omission to Pursue Remedy. No delay <br />or omission of the Bank to exercise any right or power arising from any <br />default shall impair any such right or power or shall be construed to be a <br />waiver of any such default or acquiescence therein, and every power and remedy <br />given by this Article VIII to the Bank may be exercised from time to time, and <br />as often as shall be deemed expedient. In case the Bank shall have proceeded <br />to enforce any right under this Resolution, and such proceedings shall have <br />been discontinued or abandoned because of waiver or for any other reason, or <br />shall have been determined adversely to the Bank, then and in every such case <br />the City and the Bank, severally and respectively, shall be restored to their <br />former positions and rights hereunder; and all remedies, rights and powers of <br />the City and the Bank shall continue as though no such proceedings had been <br />taken. <br /> <br />17 <br /> <br /> <br />
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