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1981-140 CRA
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1981-140 CRA
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Last modified
1/3/2012 12:22:53 PM
Creation date
3/8/2005 12:48:50 PM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-40
Date
6/8/1981
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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 />re 1 ated fees and .other charges. to be due and payable inrnedi ate ly, and upon <br />any such declaration the same shall become and shall be inrnediately we and <br />payable, anything in this Resolution or in the Note contained to the c.ontrary <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 />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 N.ote <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 to the Agency. may rescind and <br />annul such declaration and its c.onsequences. 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 p.ower consequent thereon. <br /> <br />Notwithstanding any other provision of this Section 7.01. up.on an event <br />of default relating solely to a single Loan, the N.oteholder 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~on A~~ ~~i: ~~ ~~: <br /> <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 Noteh.older in a manner consistent with Sections 2.02 <br />and 2.03. <br /> <br />Secti.on 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 />execut i on of any power herein granted. or by mandal1lJs or other appropri ate <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 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 />16 <br />
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