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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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Last modified
3/13/2013 4:11:29 PM
Creation date
3/7/2013 5:33:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
12/3/2012
Destruction Year
2017
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Lender's authorization of such provisions maybe granted on such terms as the Governmental Lender may <br />determine in its sole and absolute discretion, including, without limitation, provision by the Funding <br />Lender of indemnification reasonably satisfactory to the Governmental Lender. Upon delivery of the <br />above-referenced authorization the provisions of this Section 9.2 and Sections 9.3 through 9.15 shall be <br />effective. Any one or more of the following shall constitute an event of default (an "Event of Default") <br />under this Funding Loan Agreement (whatever the reason for such event and whether it shall be voluntary <br />or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any <br />court or any order, rule or regulation of any administrative or governmental body): <br />(a) A default in the payment of any interest upon the Governmental Lender Notes when such <br />interest becomes due and payable; or <br />(b) A default in the payment of principal of, or premium on, the Governmental Lender Notes <br />when such principal or premium becomes due and payable, whether at its stated maturity, by declaration <br />of acceleration or call for mandatory prepayment or otherwise; or <br />(c) Subject to Section 8.8 hereof, default in the performance or breach of any material <br />covenant or warranty of the Governmental Lender in this Funding Loan Agreement (other than a <br />covenant or warranty or default in the performance or breach of which is elsewhere in this Section <br />specifically dealt with), and continuance of such default or breach for a period of 30 days after there has <br />been given written notice, as provided in Section 11.1 hereof, to the Governmental Lender and the <br />Borrower by the Funding Lender or the Servicer, specifying such default or breach and requiring it to be <br />remedied and stating that such notice is a "Notice of Default" under this Funding Loan Agreement; <br />provided that, so long as the Governmental Lender has commenced to cure such failure to observe or <br />perform within the thirty (30) day cure period and the subject matter of the default is not capable of cure <br />within said thirty (30) day period and the Governmental Lender is diligently pursuing such cure to the <br />Funding Lender's satisfaction, with the Funding Lender's Written Direction or Written Consent, then the <br />Governmental Lender shall have an additional period of time as reasonably necessary (not to exceed 30 <br />days unless extended in writing by the Funding Lender) within which to cure such default; or <br />(d) A default in the payment of any Additional Borrower Payments; or <br />(e) Any other "Default" or "Event of Default" under any of the other Funding Loan <br />Documents (taking into account any applicable grace periods therein). <br />Section 9.2. Acceleration of Maturity; Rescission and Annulment. <br />(a) Subject to the provisions of Section 9.9 hereof, upon the occurrence of an Event of <br />Default under Section 9.1 hereof, then and in every such case, the Funding Lender may declare the <br />principal of the Funding Loan and the Governmental Lender Notes and the interest accrued to be <br />immediately due and payable, by notice to the Governmental Lender and the Borrower and upon any such <br />declaration, all principal of and Prepayment Premium, if any, and interest on the Funding Loan and the <br />Governmental Le~'ider ~ToteS Sl'iaii beiuiiie iliiiiicdiatciy due grid payable. <br />(b) At any time after a declaration of acceleration has been made pursuant to subsection (a) <br />of this Section, the Funding Lender may by Written Notice to the Governmental Lender, rescind and <br />annul such declaration and its consequences if: <br />(i) There has been deposited with the Funding Lender a sum sufficient to pay (1) all <br />overdue installments of interest on the Governmental Lender Notes, (2) the principal of and <br />Prepayment Premium on the Governmental Lender Notes that has become due otherwise than by <br />C:1LlsersltadlDesktoplSanta Ana HA Washington Place 29 <br />FLA.doc <br />DRAFT 11/28/12 8:39AM <br />
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