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5. HRSR 05-02-2011
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5. HRSR 05-02-2011
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4/29/2011 9:47:54 AM
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City Government
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HRSR
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5/2/2011
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(e) All information, financial or other, which has been submitted by <br />Borrower and Guarantors in connection with the Loan is true, accurate and <br />complete in all material respects. <br />14. Indemnification. Borrower agrees to indemnify Lender and save it <br />harmless against all loss, liability, expense, or damages including but not limited to <br />attorneys fees, which may arise by reason of the assertion of any lien against the Loan <br />Property. <br />15. Defaults. Each of the following shall constitute an Event of Default: <br />(a) Borrower abandons the Loan Property, work on construction of the <br />Improvements is halted or the Improvements are not constructed in accordance <br />with this Agreement. <br />(b) Bankruptcy, reorganization, assignment, insolvency or liquidation <br />proceedings, or other proceedings for relief under any applicable bankruptcy law <br />or other law for relief of debtors are instituted by or against Borrower or <br />Guarantors and, if such proceedings are instituted against Borrower or <br />Guarantors, an order, judgment or decree, without the consent of Borrower or <br />Guarantors appointing a trustee or receiver for Borrower or any part of its or their <br />property or approving a petition under the bankruptcy laws of the United States or <br />any similar laws of any state or other competent jurisdiction, shall have remained <br />in force undischarged or unstayed for a period of 30 days. <br />(c) Any judgment, attachment, garnishment or other similar process is <br />entered against Borrower or against any property or assets of Borrower and is not <br />released, satisfied or discharged or bonded to Lender's satisfaction within 30 days <br />of entry. <br />(d) Borrower fails to commence or complete construction of the <br />Improvements within the time designated in this Agreement or Borrower fails to <br />submit the items required by Section 5 prior to December 31, 2011. <br />(e) Any of the terms, covenants or conditions of any permit or other <br />agreement issued or made by the City or other governmental body having <br />jurisdiction over the Loan Property, including, but not limited to, those relating to <br />the cost of or time for installation of the Improvements, are not complied with <br />within the time required thereby or are terminated or modified by the City or such <br />other governmental body and Borrower has not taken the necessary steps to <br />correct or cure the same within 30 days after written notice is given by Lender. <br />(f) Any mechanic's or material supplier's lien is filed, against the <br />Loan Property and is not released, satisfied or discharged or bonded to Lender's <br />385593v3 JSB EL185-12 <br />-9- <br />
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