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GUEST HOUSE LP 1-2016
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GUEST HOUSE LP 1-2016
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Last modified
2/6/2017 10:43:19 AM
Creation date
2/1/2017 11:51:35 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-155-A
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
6/21/2016
Destruction Year
0
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Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver <br />appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) <br />created by the Junior Security Instrument) or (iii) file or join in the filing of any <br />involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns <br />a direct or indirect interest in Borrower; provided, however, that such limitation on the <br />remedies of Junior Lender shall not derogate or otherwise limit Junior Lender's rights, <br />following an event of default under the Junior Loan Documents to (a) compute interest on <br />all amounts due and payable under the Junior Loan at the default rate described in the <br />Junior Loan Documents, (b) compute prepayment premiums and late charges, (c) enforce <br />against any person, other than Borrower and any guarantors or indemnitors under the <br />Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior <br />Loan, and (d) enforce any income or affordability restrictions pursuant to the Restrictive <br />Covenant. <br />(b) Senior Lender shall, simultaneously with the sending of any notice of a <br />Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the <br />Senior Loan Documents; provided, however, failure to do so shall not affect the validity <br />of such notice or any obligation of Borrower to Senior Lender and shall not affect the <br />relative priorities between the Senior Loan and the Junior Loan as set forth herein. <br />Borrower covenants and agrees to forward to Junior Lender, within three (3) business <br />days of Borrower's receipt thereof, a copy of any notice of a Senior Loan Default <br />Borrower receives from Senior Lender. <br />(c) Junior Lender shall have the right, but shall have no obligation, to cure <br />any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, <br />it shall so notify Senior Lender and shall commence and complete such curing within any <br />applicable notice or grace period, if any, as Borrower is permitted by the terms of the <br />Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be <br />subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of <br />Junior Lender having cured any Senior Loan Default. However, Senior Lender <br />acknowledges that, to the extent so provided in the Junior Loan Documents, amounts <br />advanced or expended by Junior Lender to cure a Senior Loan Default may be added to <br />and become a part of the Junior Indebtedness. <br />(d) Junior Lender agrees that, notwithstanding any contrary provision <br />contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a <br />default under the Junior Loan Documents if no other default occurred under the Junior <br />Loan Documents. <br />(e) Junior Lender acknowledges that any conveyance or other transfer of title <br />to the Property pursuant to a foreclosure of the Junior Security Instrument (including a <br />conveyance or other transfer of title pursuant to the exercise of a power of sale contained <br />in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or <br />similar arrangement, shall be subject to the transfer provisions of the Senior Loan <br />Documents; and the person (including Junior Lender) who acquires title to the Property <br />pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of sale <br />subordination and Intercredi[or Agreement(HOME) II The Guest House <br />
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