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82-173
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Last modified
1/3/2012 12:33:29 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-173
Date
12/20/1982
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(al if default shall be made in the due and punctual oay~ent of <br />the principal or any installment of interest on the Note when and as the s~ne <br />shall become due and payable, whether at maturity as therein expressed, by <br />declaration or otherwise; <br /> <br /> (b) if default shall be made by the City in the observance of an~ <br />of the covenants, agreements or conditions on its part in this Resolution or <br />in the Note contained, and such default shall have continued for a period of <br />sixty {60) days after written notice thereof, specifying such default and <br />requiring the sene to be remedied, shall have been given to the City by the <br />Bank; or <br /> <br /> (c) if an event of default (as defined in Section 6.01 of the <br />Agreement) has occurred under the Agreement and is continuinq; <br /> <br />then, and in each and every such case during the continuance of such event os <br />default, the Bank may, by notice in writinq to the City declare the princioal <br />of the Note then Outstanding, and the interest accrued thereon, to be_ due and <br />payable immediately, and upon any such declaration the same shall bec~ne and <br />shall be immediately due and payable, anything in this Resolution or in the <br />Note contained to the contrary notwithstanding. <br /> <br /> This provision, however, is subject to the condition that if, at any <br />time after the principal of the Note shall have been so declared due and <br />payable, and before any judgment or decree for the oayment of the monies due <br />and payable shall have been obtained or entered, there shall have been <br />deposited with the Bank a sum sufficient to pay all principal on the Note <br />matured prior to such declaration and all matured installments of interest {if <br />any) upon the Note, with interest on such overdue installments of Principal at <br />the rates borne by the Note, and the reasonable expenses of the Bank, and any <br />and all other defaults known to the Bank (other than in the poyment of <br />principal of and interest on the Note due and payable solely by reason of such <br />declaration) shall have been made good or cured to the satisfaction of the <br />Bank or provision cleaned by the Bank to be adequate shall have been made <br />therefor, then, and in every such case, the Bank may rescind and annul such <br />declaration and its consequences. However, no such rescission and annulment <br />shall extend to or shall effect any subsequent default, or shall impair or <br />exhaust any right or power consequent thereon. <br /> <br /> Section 7.02 . A~plication of Revenues Upon Acceleration. Upon the <br />date of the'declaration of acceleration by the Bank as orovided in Section <br />8.01, all Revenues shall be apolied by the Bank in the following order: <br /> <br /> First , to the payment of the costs and exoenses 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 <br />due and pa~---G~F~, to the payment of the interest in default in order of the <br />maturity of the installments of such interest, with intePest on the overdue <br />installments at the rate equal to two percent (2~) above the rate in effect on <br />the Note from time to time from the date of default {to the extent that such <br />interest on overdue installments shall have been collected); <br /> <br /> Third , in case the principal of the Note shall have become and <br />shall be then due and payable, to the payment of the whole amount then owino <br />and unpaid upon the Note for principal and interest, with interest on the <br />overdue principal and installments of interest at a rate eaual to two oercent <br />{2%) above the rate in effect on the Note from time to time from the date of <br />default, and 'in case such monies shall be insufficient to Day in full the <br />whole amount so owing and unpaid upon the Note, then to the oayment first of <br />accrued interest. <br /> <br /> Section 7.03 Institution of Legal ProceedinQs b~ Bank. If one or <br />more o~F-the events ~f default shall happen and bo continuinq, the Bank in its <br />dis~'etion may, and upon being indemnified to its satisfaction therefor, <br />shall, proceed to protect or enforce its riQhts under the Ordinance or under <br />this Resolution by a suit in equity or action at l~, either for the suecific <br />performance of any covenant or apreement contained herein, or in aid of the <br />execution of any power herein granted, or by mandamus or other aporopriate <br />proceeding for the enforc~ent 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 /> <br />
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