Laserfiche WebLink
CITY COUNCIL DRAFT <br />10. Maker's Personal Liability. Maker will be fully and personally liable for all loss, cost, <br />liability, damage, and expense (including without limitation attorneys' fees) suffered or incurred <br />by City arising from any of the following: <br />10.1 Failure to pay taxes, assessments, and any other charges that could result in liens <br />against any portion of the Property or any other Security. <br />10.2 Failure to pay and discharge any mechanics' liens, materialmen's liens, or other <br />unpermitted liens against any portion of the Property or any other Security. <br />10.3 Maker's fraud or intentional misrepresentation with respect to any <br />representations, warranties, or certifications made in the City Documents or in connection with <br />Maker's application to participate in the City's affordable housing program. <br />10.4 Maker's retention of any rental income or other income arising with respect to <br />any portion of the Property or any other Security subsequent to the date of City's delivery of any <br />notice of a Default, or which, under the terms of the City Documents, should otherwise have <br />been paid to City. <br />10.5 Maker's retention or use of insurance proceeds, condemnation awards, or other <br />similar funds or payments attributable to the Property or any other Security that pursuant to the <br />City Documents should have been paid to City or used for another purpose. <br />10.6 Waste of the Property, or any other failure to maintain, repair, or restore any <br />portion of the Property or any other Security in accordance with the requirements of the City <br />Documents. <br />10.7 The removal, demolition, damage or destruction of any portion of the Property or <br />any other Security that is neither consented to in writing by City nor fully compensated for by <br />insurance proceeds or condemnation awards. <br />10.8 The failure of the City Documents to constitute a lien or security interest, as <br />applicable, on the Property or any other Security, subject only to those exceptions, if any, <br />permitted by the City Documents or otherwise approved in writing by City. <br />10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of <br />City's rights or remedies with respect to any portion of the Property or any other Security. <br />11. Maker's Waivers. Maker hereby expressly waives diligence, presentment, protest, and <br />demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and <br />expressly waives any rights to be released by reason of any extension of time or change in terms <br />of payment, or change, alteration or release of any security given for the payments hereof, and <br />Exhibit C <br />Page 47 <br />5 53 94.0010 1 \43721567.2 <br />