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6.5. EDSR 08-20-2018
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6.5. EDSR 08-20-2018
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8/16/2018 11:25:07 AM
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City Government
type
EDSR
date
8/20/2018
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533940v3 GAF EL185-57 <br />-10- <br />Improvements or clearance of title; to execute all applications and <br />certificates in the name of Borrower; to prosecute and defend all <br />actions or proceedings in connection with the construction of the <br />Improvements on, or any other matter relating to, the Loan <br />Property and do any and every act which Borrower might do in its <br />own behalf; (b) to enforce by any means that Lender then <br />reasonably deems necessary or advisable, all of the terms, <br />covenants and conditions of any permit or agreement issued by the <br />City or any other governmental body having jurisdiction over the <br />Loan Property or the construction contracts or any other contracts <br />obtained or held by Borrower in connection with the construction <br />of and any other contracts; (c) to perform each of the terms, <br />covenants and conditions to be kept and performed by Borrower <br />under any permit or authorization issued by the City or any other <br />governmental body having jurisdiction over the Loan Property or <br />the construction contracts or any other contracts and/or leases <br />obtained or held by Borrower in connection with the construction <br />or operation of the Improvements, and any other contracts; (d) <br />without limiting the foregoing to perform each of the terms, <br />covenants and conditions to be kept or performed by Borrower <br />under this Agreement, the Security Agreement and any other <br />instrument required under this Agreement; and (e) to do all things <br />that Lender reasonably deems necessary or advisable for the <br />purpose of carrying out the powers enumerated in (a), (b), (c) and <br />(d) of this Subparagraph (ii); <br /> <br />(iii) The powers herein granted Lender shall be deemed to be powers <br />coupled with an interest and the same are irrevocable; <br /> <br /> (4) cancel this Agreement; <br /> <br /> (5) bring appropriate action to enforce such performance and the <br />correction of such Event of Default; <br /> <br /> (6) declare the entire unpaid principal of the Note and all accrued <br />interest thereon immediately due and payable without notice; <br /> <br /> (7) exercise and enforce any rights under the Security Agreement, the <br />Guaranties, the Mortgage and any other security instrument referred to in this <br />Agreement and/or exercise any other rights or remedies it may have under the <br />Security Agreement and such other security instrument. <br /> <br /> 15. Default under Note and Security Agreement. The failure by Borrower to <br />keep or perform any of the terms, covenants and conditions to be kept or performed by it <br />under this Agreement shall constitute a default under the Note, the Security Agreement <br />and any other security instrument held by Lender in connection with the Loan.
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