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1981-144 CRA
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1981-144 CRA
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1/3/2012 12:22:58 PM
Creation date
3/8/2005 12:14:13 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-144
Date
12/15/1981
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<br />. <br />. <br /> <br />I <br /> <br />. <br /> <br />. <br /> <br />remaining principal of the Note, and the interest accrued thereon, and any <br />related fees and other charges, to be due and payable immediately, and upon <br />any such declaration the same shall become and shall be immediately due and <br />payable, anything in this Resolution or in the Note contained to the contrary <br />notwithstanding. <br /> <br />This provision, however, is subject to the conditi.on 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 payment .of the monies due <br />and payable sha 11 have been obta ined or entered, there sha 11 have been <br />deposited with the Noteholder a sum sufficient to pay all principal .on the <br />Note due prior to such declaration and all due and unpaid interest (if any) <br />upon the Note, and any related fees and other charges and the reasonable <br />expenses of the Agency and Noteholder, and any and all other defaults known to <br />the Agency (other than in the payment of principal of and interest on the Note <br />due and payable solely by reason of such declaration) shall have been made <br />good or cured to the satisfaction of the Noteholder or provision deemed by the <br />Noteho 1 der to be adequate shall have been made therefor, then, and in every <br />such case, the Noteholder, by written notice to the Agency, may rescind and <br />annul such declaration and its consequences. However, no such rescission and <br />annulment shall extend to or ,shall affect any subsequent default, or shall <br />impair or exhaust any right .or power consequent there.on. <br /> <br />Notwithstanding any other provision of this Secti.on 7.01, up.on an event <br />of default relating solely to a single Loan, the Noteholder shall be entitled <br />to accelerate an amount of principal on the Note equal to the then .outstanding <br />principal balance of the Pr.omissory Note relating to such loan, plus related <br />interest, fees and other charges. <br /> <br />Section 7.02. Applicati.on.of Funds Upon Acceleration. All money in the <br />funds and accounts provided for in Section 3.02 and 4.02 upon the date of the <br />declaration of accelerati.on by the Noteholder and all Revenues thereafter <br />received by the Agency hereunder, shall be transmitted to the Noteholder and <br />shall be applied by the N.oteholder in a manner consistent with Sections 2.02 <br />and 2.03. <br /> <br />Section 7.03. Institution of Legal Pr.oceedings by Bank. If one or more <br />of the events of default shall happen and be continuing, the Noteholder may <br />proceed to protect or enforce its rights under the Act or under this <br />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 />Noteholder shall deem most effectual in support of any of its rights .or duties <br />hereu nder. <br /> <br />Section 7.04. Effect of Delay .or Omission to Pursue Remed~. No delay <br />or omission of the Noteholder to exercise any right or power arislng from any <br />default shall impair any such right or p.ower or shall be construed to be a <br />waiver of any such default or acquiescence therein, and every power and remedy <br /> <br />15 <br />
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