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80A - JOINT - AMEND NSP
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80A - JOINT - AMEND NSP
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Last modified
9/16/2013 8:54:33 AM
Creation date
9/12/2013 5:48:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/16/2013
Destruction Year
2018
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21. Notice of Default. <br />a. Subject to the applicable cure periods set forth in Section 14 and subject to the <br />further provisions of this Section 21, failure or delay by the Borrower to perform any <br />term or provision of this Note constitutes a default under this Note. The Borrower must <br />immediately commence to cure, correct, or remedy such failure or delay and shall <br />complete such cure, correction or remedy with reasonable diligence. <br />b. The City shall give written notice of default to the Borrower specifying the <br />default complained of by the City. Delay in giving such notice shall not constitute a <br />waiver of any default nor shall it change the time of default. <br />C. Except in the case of a monetary event of default, the Borrower shall not be <br />in default so long as it endeavors to complete such cure, correction or remedy with <br />reasonable diligence, provided such cure, correction or remedy is completed within the <br />applicable time period set forth herein after receipt of written notice (or such additional <br />time as may be deemed by the City to be reasonably necessary to correct the default). <br />d. Any failures or delays by the City in asserting any of its rights and remedies <br />as to any default shall not operate as a waiver of any default or of any such rights or <br />remedies. Delays by the City in asserting any of its rights and remedies shall not deprive <br />the City of its right to institute and maintain any actions or proceedings which it may <br />deem necessary to protect, assert, or enforce any such rights or remedies. <br />e. If a monetary event of default occurs under the terms of this Note or the <br />Deed of Trust, prior to exercising any remedies thereunder City shall give Borrower <br />written notice of such default. Borrower shall have a period of fifteen (15 Business Days <br />after such notice is received within which to cure the default prior to exercise of remedies <br />by City under this Note and the Deed of Trust. <br />f. If a non-monetary event of default occurs under the terms of this Note or the <br />Deed of Trust, prior to exercising any remedies thereunder, City shall give Borrower <br />notice of such default. If the default is reasonably capable of being cured within thirty <br />(30) days, Borrower shall have such period to effect a cure prior to exercise of remedies <br />by the City under this Note and the Deed of Trust. If the default is such that it is not <br />reasonably capable of being cured within thirty (30) days, and Borrower (i) initiates <br />corrective action within said period, and (ii) diligently, continually, and in good faith <br />works to effect a cure as soon as possible, then borrower shall have such additional time <br />as is reasonably necessary to cure the default prior to exercise of any remedies by City. In <br />no event shall City be precluded from exercising remedies if its security becomes or is <br />about to become materially jeopardized by any failure to cure a default or the default is <br />not cured within one hundred eighty (180) days after the first notice of default is given. <br />22. Insurance and Condemnation. <br />In the event of any fire or other casualty to the Property or eminent domain <br />proceedings resulting in condemnation of the Property or any part thereof, Borrower shall <br />78 <br />80A-134
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