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1981-040 CRA
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1981-040 CRA
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1/3/2012 12:22:40 PM
Creation date
5/5/2005 11:19:15 AM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1981-40
Date
5/26/1981
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<br />proceed, and upon the written request of the H.olders of n.ot less than <br />twenty-five percent (25%) in principal amount .of the Outstanding B.onds shall <br />proceed, in its own name, to protect and enforce its rights and the rights of <br />the Bondholders by such of the following remedies, as the Trustee, being <br />advised by counsel, shall deem IJIC)st effectual to protect and enforce such <br />rights: <br /> <br />(1) by suit, action or proceeding, enforce all rights .of the <br />Bondholders, including the right to require Servicers to collect repayments <br />required pursuant to the M.ortgage held by them adequate to carry out the <br />c.ovenants and agreements contained in this Resolution and to require the <br />Agency to perf.orm its duties under the Act; <br /> <br />(2) by bringing suit upon the Bonds or t.o enforce payment of <br />other sums payable to the Trustee or any Paying Agent; <br /> <br />(3) by action or suit, require the Agency t.o account as if it <br />were the trustee of an express trust for the Holders of the Bonds; <br /> <br />(4) by acti.on or suit enjoin any acts or things which may be <br />unlawful or in violation of the rights of the Holders of the Bonds or to <br />compel the Agency .or Mortgage Lender to perform their respective duties under <br />this Res.oluti.on, the Mortgage Loan Participation Purchase and Servicing <br />Agreement and Loan Agreement, or any other applicable agreement; <br /> <br />(5) by declaring all Bonds due and payable, and if all defaults <br />shall be made good, then, with the written consent of the Holders .of n.ot less <br />than twenty-five percent (25%) in principal amount of the Outstanding Bonds, <br />by annulling such declaration and its consequences; .or <br /> <br />(6) in the event that all Bonds are declared due and payable, by <br />selling, liquidating or otherwise realizing the value of the assets of the <br />Agency pledged under Section 601 .of this Resolution (to the extent not <br />theretofore set aside for redemption of Bonds for which call has been made). <br /> <br />1204. Priority of Payments After Default. In the event that the funds <br />held by the Trustee and Paying Agents shall be insufficient for the payment of <br />interest and Principal Installments .or Redemption Price then due on the Bonds <br />and under this Resolution, such funds and any other m.oneys received or <br />collected by the Trustee acting pursuant to this Resolution and this Article <br />XII, after making provision for the payment of any expenses necessary in the <br />.opinion of the Trustee to protect the interests of the Holders of the Bonds, <br />and for the payment of the. charges and expenses and 1 iabi 1 ities incurred and <br />advances made by the Trustee in the performance of its duties under this <br />Resolution shall be applied as follows: <br /> <br />(1) <br /> <br />Unless the principal of all the Bonds shall have bec.ome due <br /> <br />and payable, <br /> <br />57 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br />
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