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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
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8/20/2018
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<br />533940v3 GAF EL185-57533940v3 GAF EL185-57 <br />-9- <br /> (f) 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 <br />satisfaction, subject, however, to Borrower's right to contest the same in <br />accordance with the provisions of the Mortgage and applicable law. <br /> <br />(g) A transfer which violates by Paragraph 11 hereof, occurs. <br /> <br />(h) Borrower: (i) fails to pay any amount due under this Agreement, <br />the Note, or the Security Agreement; or (ii) fails to perform any other obligation <br />to be performed under this Agreement, the Note, the Security Agreement, or any <br />other document executed by Borrower pursuant to this Agreement and such <br />failure continues beyond any applicable cure period. <br /> <br /> (i) Any representation or warranty by Borrower contained herein or in <br />the Note, the Security Agreement or any other instrument required hereunder is <br />false or untrue in any material respect when made. <br /> <br /> (j) Borrower defaults in the payment or performance of anything by it <br />to be paid or performed under any note, mortgage or other agreement now or <br />hereafter made by Borrower in favor of or with Lender or otherwise now or <br />hereafter held by Lender and as to defaults other than in the payment of a sum <br />when due, the continuance thereof beyond any notice and/or cure period <br />contained therein. <br /> <br />Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any <br />other remedies which it might be entitled to by law, have the right to: <br /> <br />(1) To refrain from making advances under this Agreement; <br /> <br />(2) To enter into possession of the Loan Property and perform any and all <br />work and labor necessary to complete the Improvements substantially as <br />required under this Agreement and to do all things necessary or incidental <br />thereto; <br /> <br />(3) 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 <br />hereby agreed as follows: <br /> <br />(i) All sums expended by Lender in effectuating its rights under <br />Subparagraphs (2) and (3) of this Paragraph shall be deemed to <br />have been advanced under this Agreement and to be secured by the <br />Security Agreement and any other security document required <br />under this Agreement as security for the Loan. <br /> <br />(ii) Borrower hereby constitutes and appoints Lender its true and <br />lawful attorney-in-fact with full power of substitution either in the
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