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1980-075 CRA
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1980-075 CRA
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Last modified
1/3/2012 12:23:08 PM
Creation date
3/8/2005 11:38:49 AM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1980-75
Date
7/1/1980
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<br />ARTICLE XII <br />DEFAULTS AND REMEDIES <br /> <br />1201. Events of Default. <br />declared an "Event of Default": <br /> <br />Each of the following events is hereby <br /> <br />(1) if a payment of a Principal Installment on, or the <br />Redemption Price of, any Bond is not made when and as the same shall become <br />due, whether at maturity or upon call for redemption, or otherwise; or <br /> <br />(2) if a payment of interest on any Bond is not made when and as <br />the same shall become due; or <br /> <br />(3) if the Agency shall fail or refuse to comply with the <br />provisions of the Act, or shall default in the performance or observance of <br />any other of the covenants, agreements, or conditions on its part in this <br />Resolution, any Supplemental Resolution, or in the Bonds contained, and such <br />default shall continue for a period of ninety (90) days after written notice <br />thereof by the Trustee; or <br /> <br />(4) if the Agency shall file a petition or answer seeking <br />reorganization or arrangement under the federal bankruptcy laws or any other <br />applicable law of the United States of America, or if a court of competent <br />jurisdiction shall approve a petition, filed with or without the consent of <br />the Agency, seek ing reorganization under the federal bankruptcy laws or any <br />other applicable law of the United States of America, or if, under the <br />provis ions of any other law for the rel ief or aid of debtors, any court of <br />competent jurisdiction shall assume custody or control of the Agency or of the <br />whole or any substantial part of its property; provided, however, that an <br />Event of Default under subsection (3) above shall not be deemed to exist under. <br />the provisions of this Article upon the failure of any Servicer to enforce any <br />obligation undertaken by a Mortgagor pursuant to the provisions of the <br />Mortgage Loan, including the mak ing of the repayments required pursuant to <br />such Mortgage Loan, so long as the Agency shall be provided with money <br />sources, other than withdrawals from or reimbursements of the Debt Service <br />Reserve Fund and Mortgage Reserve Fund, sufficient in amount to pay the <br />principal of, interest and Sinking Fund Installments on all 80nds as the same <br />shall become due during the period for which the Servicer shall be permitted <br />to abstain from enforcing the obligations of Mortgagors under the applicable <br />Mortgage Loans. <br /> <br />1202. Remedies. Upon the happening and continuance of any Event of <br />Default specified in Section 1201, then, and in each case, the Trustee may <br />proceed, and upon the written request of the Holders of not less than <br />twenty-five percent (25%) in principal amount of the Outstanding Bonds shall <br />proceed, in its own name, to protect and enforce the rights and the rights of <br />the Holders of the Bonds by such of the following remedies, as the Trustee, <br />being adv ised by counsel, shall deem mos t effectual to protect and enforce <br />such rights: <br /> <br />61 <br /> <br />1 <br /> <br />. <br /> <br />. <br /> <br />. <br />. <br /> <br />. <br />. <br />
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