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CITY COUNCIL DRAFT <br />insolvency or bankruptcy act, or Maker's consent to, acquiescence in, or attempt to secure the <br />appointment of, any receiver for all or any substantial part of the Property. <br />8.3 The occurrence of an event of default under any loan secured by the Property and <br />the continuance of such default beyond the expiration of all applicable cure periods such that the <br />holder of such loan has the right to accelerate such loan. <br />9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, <br />and the expiration of any applicable cure period, City may, at its option, exercise any one or <br />more of the following remedies: <br />9.1 Declare all of the sums payable under this Note to be immediately due and <br />payable without further demand. <br />9.2 Pursue the exercise of the power of sale provided under the City Deed of Trust. <br />9.3 Either in person or by agent, with or without bringing any action or proceeding, or <br />by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon <br />the Property and take possession thereof (or any part thereof) and of any of the Security in its <br />own name or in the name of the Trustee, and do any acts which it deems necessary or desirable <br />to preserve the value or marketability of the Property, or part thereof or interest therein, or <br />protect the security thereof. The entering upon and taking possession of the Security shall not <br />cure or waive any breach hereunder or invalidate any act done in response to such breach, and <br />notwithstanding the continuance in possession of the Property, the City shall be entitled to <br />exercise every remedy provided by the City Documents or by law, upon the occurrence of any <br />uncured breach. <br />9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants set forth in the City Documents. <br />9.5 Exercise its option to purchase the Property pursuant to the Affordable Housing <br />Resale Restrictions. <br />9.6 Exercise all other rights and remedies provided herein or in any other City <br />Document. <br />9.7 Exercise any other remedy provided by law or in equity. <br />The rights and remedies of the City hereunder are cumulative, and the City's exercise or failure to <br />exercise one or more of such rights or remedies shall not preclude City's exercise, at the same time <br />or different times, of any other right or remedy for the same Default or any other Default. <br />Exhibit C <br />Page 46 <br />5 53 94.0010 1 \43721567.2 <br />