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1981-137 CRA
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1981-137 CRA
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1/3/2012 12:22:50 PM
Creation date
3/8/2005 12:17:50 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-137
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 and payable il1ll1ediately, and upon <br />any such declaration the same shall bec.ome and shall be il1ll1ediately 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 c.ondition 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 />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 t.o <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 />Noteholder to be adequate shall have been made therefor, then, and in every <br />such case, the Noteholder, by written ootice 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 thereon. <br /> <br />Notwithstanding any other provision 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 N.ote 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 />Section 7.02. Application of Funds Upon Acceleration. All money in the <br />funds and accounts provlded for ln Sectlon 3.02 and 4.02 upon the date of the <br />declaration of acceleration by the Noteh.older 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 Le al Proceedin s b Bank. If one or more <br />of the events of defau t s a appen an e con lnulng, e 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 /> <br />15 <br />
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