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1981-138 CRA
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1981-138 CRA
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Last modified
1/3/2012 12:22:51 PM
Creation date
3/8/2005 12:17:28 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-138
Date
12/15/1981
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<br />, " " <br /> <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 arK! payable irrrnediately, and upon <br />any such dec 1 arat i on the same shall become and shall be irrrned i ate ly 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 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 payment of the monies due <br />and payable shall have been obtained or entered, there shall have been <br />dep.osited with the N.oteholder a sum sufficient to pay all principal .on the <br />N.ote due prior to such declaration and' all due and unpaid interest (if any) <br />upon the Note, and any re 1 ated fees and other charges and the reasonable <br />expenses of the Agency and Noteholder, and any arK! 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 lder 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. H.owever, 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 thereon. <br /> <br />Notwithstanding any other pr.ovision of this Section 7.01, upon 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 Promissory Note relating to such Loan, plus related <br />interest, fees and other charges.' <br /> <br />funds ~~~t~~~o~~~~' pr~~~~~a~~~n l~f s~~~~~nU)~~2A~~~1~~~iO~pon A~~ ~~~ ~~ ~~: <br /> <br />declaration of acceleration by the Noteholder and all Revenues thereafter <br />received by the Agency hereunder, shall be transmitted to the Noteh.older and <br />shall be applied by the Noteh.older in a manner consistent with Sections 2.02 <br />and 2.03. <br /> <br />Section 7.03. Institution of Le al Pr.oceedin s b Bank. If one or more <br />of the events of default sha 1 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 Omissi.on t.o 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 power 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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