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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/16/2019
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b. As used herein, "transfer" includes the Sale, agreement to sell, transfer or <br />conveyance of the Property, or any portion thereof or interest therein, whether voluntary, <br />involuntary, by operation of law or otherwise, the execution of any installment land sale contract <br />or similar instrument affecting all or a portion of the Property, or the lease of all or substantially <br />all of the Property. 'Transfer' shall not include the leasing of individual residential units on the <br />Property, so long as Borrower complies with the provisions of the Agreement and the Affordability <br />Covenants and Restrictions relating to such leasing activity, nor shall it include a conveyance of <br />the Property to a limited partnership in which Borrower is a general partner, or to a corporation or <br />limited liability company that is wholly owned by the Borrower or its affiliates and that is formed <br />for the sole purpose of owning and operating the Property, or the sale back to the Borrower. In the <br />event of any Refinancing or partial Refinancing in an amount in excess of the balance of the Senior <br />Loan, without the prior written consent of Agency (which consent Agency may grant or deny in <br />its sole discretion), then the entire outstanding balance of the Agency Loan shall be repaid to the <br />Agency at the time of each Refinancing or partial Refinancing. Additionally, a "Transfer" shall <br />not include any transaction not considered a "transfer' under section 16.2 of the Agreement or <br />which is otherwise permitted under Section 16.3 or 16.4 of the Agreement. <br />14. Event of Default. <br />Subject to the provisions of Sections 21 and 23 hereof, the occurrence of any of the <br />following shall be deemed to be an event of default which is not cured within the applicable time <br />period described therein ("Event of Default") hereunder: (a) failure by Borrower to make any <br />payments provided for herein, and if such default is not made good within ten (10) Business Days <br />after Developer's receipt of written notice that such payment was not received when due; (b) failure <br />by Borrower to perform any covenant or agreement in the Deed of Trust, the Agreement, or the <br />Affordability Covenants and Restrictions within thirty (30) days after written demand therefor by <br />Agency (or, in the event that more than thirty (30) days is reasonably required to cure such default, <br />should Borrower fail to promptly commence such cure, and diligently and continuously prosecute <br />same to completion); or (c) a default under the Senior Loan Deed of Trust that remains uncured <br />after any applicable notice has been provided and the expiration of any applicable cure period <br />therefore, if any, provided therein. <br />15. Remedies. <br />Upon the occurrence of an Event of Default, after any applicable notice has been provided <br />and the expiration of any applicable cure period therefore, Agency may declare all sums evidenced <br />hereby immediately due and payable by delivery to the Trustee named in the Deed of Trust <br />securing this Note, and to Borrower, written declaration of default and demand for sale, and written <br />notice of default and of election to cause the Property to be sold, which notice Trustee shall cause <br />to be duly filed for record and Agency may foreclose on the Deed of Trust. Agency shall also <br />deposit with Trustee the Deed of Trust, this Note and all documents evidencing expenditures <br />secured thereby and evidenced hereby. Upon the occurrence of an Event of Default (and so long <br />as such Event of Default shall continue), the entire balance of principal shall bear interest at the <br />rate of the Note phis four percent (4%). No delay or omission on the part of the Agency in <br />80A-178 <br />
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