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6.3 EDSR 07-20-2015
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6.3 EDSR 07-20-2015
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7/17/2015 8:48:44 AM
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7/16/2015 11:37:03 AM
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City Government
type
EDSR
date
7/20/2015
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this Agreement, the Note, the Mortgage, or any other document executed by Borrower <br /> pursuant to this Agreement; or (iii) fails to pay any amount or perform any obligation <br /> under any other note, mortgage or other agreement now or hereafter made by Borrower in <br /> favor of or with Lender or otherwise now or hereafter held by Lender or Bank, and such <br /> failure continues beyond any applicable cure period. <br /> (h) Entity Guarantor fails to timely provide Lender any information necessary <br /> for Lender to perfect its security interest in the Equipment. <br /> (i) Any representation or warranty by Borrower contained herein or in the <br /> Note, the Security Agreement, or any other instrument required hereunder is false or <br /> untrue in any material respect when made. <br /> (j) A default under the Lease, the Entity Guaranty, the Personal Guaranties, <br /> or the Security Agreement beyond any applicable notice and cure period. <br /> Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any other <br /> remedies which it might be entitled to by law,have the right to: <br /> (a) To enter into possession of the Loan Property; <br /> (b) To perform such other acts or deeds which reasonably may be necessary to <br /> cure any default existing under this Agreement, and to this end, it is hereby agreed as <br /> follows: <br /> (i) All sums expended by Lender in effectuating its rights under <br /> paragraphs (ii) and (iii) of this paragraph shall be deemed to have <br /> been advanced under this Agreement and to be secured by the <br /> Security Agreement and any other security document required under <br /> this Agreement as security for the Loan. <br /> (ii) Borrower hereby constitutes and appoints Lender its true and lawful <br /> attorney-in-fact with full power of substitution either in the name of <br /> Lender or in the name of Borrower or in the name of both, for the <br /> following purposes: (a) to prosecute and defend all actions or <br /> proceedings in connection with the Loan Property or the Equipment <br /> and do any and every act which Borrower might do in its own <br /> behalf; (b) to perform each of the terms, covenants and conditions to <br /> be kept and performed by Borrower under any contracts and/or <br /> leases obtained or held by Borrower in connection with the operation <br /> of the Loan Property and any other contracts; (c) without limiting <br /> the foregoing, to perform each of the terms, covenants and <br /> conditions to be kept or performed by Borrower under this <br /> Agreement, the Security Agreement and any other instrument <br /> required under this Agreement; and (d) to do all things that Lender <br /> reasonably deems necessary or advisable for the purpose of carrying <br /> 8 <br /> 464429v2 EL185-33 <br />
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