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City tinder this Note and the Deed of Trust for repayment of the City Loan and for sawn other arnounts <br />arising therefrom shall be the exercise of its rights against the Property and related security thereunder, <br />20. Subordination, <br />It is hereby expressly agreal and acknowledged by Borrower, and City that the Deed of Tr is a <br />subordinate deed of trust, and that this Note is subject and subordinate to any Senior Deed of Trust. <br />21. Notice of Default. <br />a. Subject to the applicable cure period,, set forth in Soctiort 14 and subject to the flarthur <br />provlaons of this Soctiort 21, failure or delay by the Borrower to perform any term or provision of dais <br />Note constitutes a default tinder this Note, The Borrowcr must immediately canintenco to cure;, correct, or <br />remedy such failure or delay and shall complete such cure, correction or remedy with reasonable <br />diligence <br />b The City shall give written notice of default to the Borrower specifying the default <br />complained of by the City- Delay in giving such notice shall not constitute a waiver of any default nor <br />shall it change the time of default. <br />G. Except in the case of a monetary event of default, the Borrower shall not be in default so <br />lorry as it endeavors to complete such cure, correction or re,,tnedy with remanable ditigere provid ed such <br />c <br />cure, correction or remedy is completed Nviddn the applicable time period set forth hecohi after receipt of <br />written notice (or Such additional time as inay be deernal by [tic City lo be reasonably necessary to <br />correct the default). <br />d. Any failures or dclaysby the City in asserting any oftts rights and remedies as to any default <br />shall not operate as a waiver of any default or Of any such rights or remedies, Delays by the City in <br />asscrLingany of its rights and remedies shall not deprive the City of its right to institute and maintain any <br />actions or proceedings which it tangy doom necessary to protect, assert, or enforce any such rights or <br />revialics• <br />c. If a monetary event of default occurs under the terms of this Note Or the Deed of Trust, prior <br />to exorcising arty remedies thereunder City ;hall give Bormwcr written notice of such default, Borrower <br />shall have a period of fil'Itcer (15 Business Days after such notice is received within which to cure the <br />default prior to exercise of remedies by City under this Note and the Deed, of Trust, <br />f, If a non-monerary event of default occurs under the tertins Of this Note or the Deed ofTrust, <br />prior to oxercishigany remedies thereunder, City shall give Borrower notice of such default, Tf tlic default <br />is reasonably capable, of-'being rural within thirty (30) days, Borrower shall have such period to effect a <br />cure prior to exercise of rannedies by the City under this Note and the Deed of Trust, If the default is such <br />that it is not reasonably capable of being cured within thirty (30) days, and Borrower (i) initiates <br />corrective action within said period, and (ii) diligently, continually, and iii good faith works to effect a <br />cure as soon as possible, then burrower shall have such additional time as is reasonably necessary to cure <br />the default prior to exercise of any remedies by City. In no event shall City be precluded from exercising <br />remedies if its security, becomes or is about to become materially jeopardized by any failure to cure a <br />dcfault or the default is not cured within one hundred eighty (180) days after the first aertice or default is <br />given. <br />107663%. 1 -1 <br />25B-74 <br />