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7.2. HRSR 04-04-2016
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7.2. HRSR 04-04-2016
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4/1/2016 4:14:06 PM
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4/1/2016 1:39:14 PM
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City Government
type
HRSR
date
4/4/2016
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(d) 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 jurisdiction <br /> over the Loan Property are not complied with within the time required thereby or are <br /> terminated or modified by the City or such other governmental body and Borrower has <br /> not taken or has not caused the Entity Guarantor to take the necessary steps to correct or <br /> cure the same within thirty(30) days after written notice is given by Lender. <br /> (e) Any mechanic's or material supplier's lien is filed, against the Loan <br /> Property and is not released, satisfied or discharged or bonded to Lender's satisfaction. <br /> (f) A transfer which violates by Paragraph 9 hereof, Encumbrances and <br /> Transfer, occurs. <br /> (g) Borrower: (i) fails to pay when due any amount due under this Agreement, <br /> the Note, or any other documents listed in Section 3; (ii) fails to perform any other <br /> obligation to be performed under this Agreement, the Note, the Mortgage or any other <br /> document executed by Borrower pursuant to this Agreement; or (iii) fails to pay any <br /> amount or perform any obligation under any other note, mortgage or other agreement <br /> now or hereafter made by Borrower in favor of or with Lender or otherwise now or <br /> hereafter held by Lender or Bank, and such failure continues beyond any applicable cure <br /> period. <br /> (h) Any representation or warranty by Borrower contained herein or in the <br /> Note, the Mortgage, or any other instrument required hereunder is false or untrue in any <br /> material respect when made. <br /> (i) A default under the Entity Guaranty, the Mortgage, the Personal <br /> Guaranties, or beyond any applicable notice and cure period. <br /> 15. Remedies. Upon the occurrence of an Event of Default, Lender, at its option, <br /> shall, in addition to any other remedies which it might be entitled to by law,have the right to: <br /> (a) 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 any <br /> security document required under this Agreement as security for the <br /> 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 /> 7 <br /> 477330v1 EL185-40 <br />
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