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55C - RESO - SA ARTS COLLECTIVE
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55C - RESO - SA ARTS COLLECTIVE
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Last modified
6/29/2017 5:23:56 PM
Creation date
6/29/2017 5:15:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55C
Date
7/5/2017
Destruction Year
2022
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C. Except in the case of a monetary event of default, the Borrower shall not be in <br />default so long as it endeavors to complete such cure, correction or remedy with reasonable <br />diligence, provided such cure, correction or remedy is completed within the applicable time <br />period set forth herein after receipt of written notice (or such additional time as may be deemed <br />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 as to <br />any default shall not operate as a waiver of any default or of any such rights or remedies. Delays <br />by the City in asserting any of its rights and remedies shall not deprive the City of its right to <br />institute and maintain any actions or proceedings which it may deem necessary to protect, assert, <br />or enforce any such rights or remedies. <br />e. If a monetary event of default occurs under the terms of this Note or the Deed of <br />Trust, prior to exercising any remedies thereunder City shall give Borrower written notice of <br />such default. Borrower shall have a period of fifteen (15 Business Days after such notice is <br />received within which to cure the default prior to exercise of remedies by City under this Note <br />and the Deed of Trust. <br />f. If a non -monetary event of default occurs under the terms of this Note or the Deed <br />of Trust, prior to exercising any remedies thereunder, City shall give Borrower notice of such <br />default. If the default is reasonably capable of being cured within thirty (30) days, Borrower shall <br />have such period to effect a cure prior to exercise of remedies by the City under this Note and the <br />Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty <br />(30) days, and Borrower (i) initiates corrective action within said period, and (ii) diligently, <br />continually, and in good faith works to effect a cure as soon as possible, then borrower shall have <br />such additional time as is reasonably necessary to cure the default prior to exercise of any <br />remedies by City. In no event shall City be precluded from exercising remedies if its security <br />becomes or is about to become materially jeopardized by any failure to cure a default or the <br />default is not cured within one hundred eighty (18 0) days after the first notice of default is given. <br />g. In addition, if an Event of Default occurs hereunder, prior to taking any remedy under <br />this Note or any other document evidencing or securing this Note, City shall first give notice of <br />the occurrence of such Event of Default to the Limited Partner and the Limited Partner shall have <br />not less than 30 days to cure such Event of Default, provided if in order to cure such Event of <br />Default the Limited Partner gives notice to the City that Limited Partner must remove and <br />replace the general partner or general partners of Borrower, Limited Partner shall have until 30 <br />days following the effective date of such removal and replacement to cure such Event of Default. <br />22. Insurance and Condemnation. <br />In the event of any fire or other casualty to the Property or eminent domain proceedings <br />resulting in condemnation of the Property or any part thereof, Borrower shall have the right to <br />rebuild the Property, and to use all available insurance or condemnation proceeds therefor, <br />provided that (a) such proceeds are sufficient to keep the City Loan in balance and rebuild the <br />12 <br />55C-93 <br />
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