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<br />accordance with this Agreement; or (v) Borrower or Entity Guarantor abandons the Loan <br />Property. <br /> <br />(b) Bankruptcy, reorganization, assignment, insolvency or liquidation <br />proceedings, or other proceedings for relief under any applicable bankruptcy law or other <br />law for relief of debtors are instituted by or against Borrower and, if such proceedings are <br />instituted against Borrower, an order, judgment or decree, without the consent of <br />Borrower appointing a trustee or receiver for Borrower or any part of its property or <br />approving a petition under the bankruptcy laws of the United States or any similar laws <br />of any state or other competent jurisdiction, shall have remained in force undischarged or <br />unstayed for a period of 30 days. <br /> <br />(c) Any judgment, attachment, garnishment or other similar process is entered <br />against Borrower or against any property or assets of Borrower and is not released, <br />satisfied or discharged or bonded to Lender’s satisfaction within 30 days of entry. <br /> <br />(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 /> <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 /> <br />(f) A transfer which violates by Paragraph 9 hereof, Encumbrances and <br />Transfer, occurs. <br /> <br />(g) Borrower fails to timely: (i) complete the Project (which will be deemed <br />timely if completed by ______________; or (ii) provide Lender any information <br />necessary for Lender to perfect its security interest. <br /> <br />(h) 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 Security Agreement, the Mortgage, <br />the Note, or any other document executed by Borrower pursuant to this Agreement; or <br />(iii) fails to pay any amount or perform any obligation under any other note, mortgage or <br />other agreement now or hereafter made by Borrower in favor of or with Lender or <br />otherwise now or hereafter held by Lender or Bank, and such failure continues beyond <br />any applicable cure period. <br /> <br />(i) Any representation or warranty by Borrower contained herein or in the <br />Note, the Mortgage, the Security Agreement, or any other instrument required hereunder <br />is false or untrue in any material respect when made. <br /> <br />10 <br />487521v2 EL185-45 <br />