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1981-139 CRA
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1981-139 CRA
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1/3/2012 12:22:52 PM
Creation date
3/8/2005 12:16:59 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-139
Date
12/15/1981
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<br />. <br />. <br /> <br />. <br />. <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 inmediately, and upon <br />any such declaration the same shall become and shall be inmediately due and <br />payable, anything in this Resolution or in the Note contained to the contrary <br />notwithstanding. <br /> <br />This provision, h.owever, 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 dec.ree for the payment .of the monies due <br />and payable shall have been obtained or entered, there shall have been <br />deposited with the N.oteholder 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 reas.onable <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 provisi.on deemed by the <br />Noteholder to be adequate shall have been made therefor, then, and in every <br />such case, the Noteholder, by written notice t.o 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 c.onsequent thereon. <br /> <br />N.otwithstanding any other provision of this Section 7.01, upon an event <br />.of default relating solely to a single L.oan, the N.oteholder shall be entitled <br />to accelerate an amount of principal on the Note equal t.o the then outstanding <br />principal balance .of the Promiss.ory Note relating to such loan, plus related <br />interest, fees and other charges. <br /> <br />Section 7.02. Application.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 acceleration 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 Noteholder in a manner consistent with Sections 2.02 <br />and 2.03. <br /> <br />Section 7.03. Institution of Legal Proceedings 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 />hereunder. <br /> <br />Section 7.04. Effect of Delay or Omission to Pursue Remedy. No delay <br />or omission of the Noteholder to exercise any right or power arising from any <br />default shall impair any such right or power or shall be construed t.o be a <br />waiver of any such default or acquiescence therein, and every power and remedy <br /> <br />15 <br />
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