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NORTH BROADWAY HOUSING PARTNERS LP (2)
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NORTH BROADWAY HOUSING PARTNERS LP (2)
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Last modified
4/18/2023 1:42:00 PM
Creation date
4/18/2023 1:41:24 PM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP
Contract #
A-2023-031-02
Agency
Community Development
Council Approval Date
3/7/2023
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20.4. Voluntary Susnension. The voluntary suspension of Developer's business <br />or the dissolution or termination of the partnership (if any) constituting Developer; <br />20.5. Unauthorized Transfer. Developer's sale or other transfer of the Project in <br />violation of the Loan Agreement; <br />20.6. Fraud or Material Misstatement or Omissions. Any fraudulent act or <br />intentional material omission of Developer pertaining to or made in connection with the <br />Loan, Loan Documents or the Project that is not cured within thirty (30) days after written <br />notice to Developer, unless such act or omission is not capable of cure; <br />20.7. Insolvency. A court having jurisdiction shall have made or entered any <br />decree or order: (i) adjudging Developer to be bankrupt or insolvent; (ii) approving as <br />properly filed a petition seeking reorganization of Developer or seeking any arrangement <br />for Developer under the bankruptcy law or any other applicable debtor's relief law or statute <br />of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, <br />liquidator, or assignee of Developer in bankruptcy or insolvency or for any of their <br />properties; or (iv) directing the winding up or liquidation of Developer, if any such decree <br />or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or <br />undischarged for a period of ninety (90) days, unless a lesser time period is permitted for <br />cure under any other mortgage on the Property, in which event such lesser time period will <br />apply under this section as well; or Developer shall have admitted in writing its inability to <br />pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking <br />any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence <br />of any of the events of default in this paragraph shall act to accelerate automatically, <br />without the need for any action by the City, the indebtedness evidenced by the Note; or <br />20.8. Project Monies. Developer's intentional misapplication or embezzlement <br />of Project monies. <br />21. Reserved. <br />22. Remedies. <br />The occurrence of any Event of Default shall, either at the option of the City or <br />automatically where so specified, relieve the City of any obligation to make or continue <br />the Loan and shall give the City the right to proceed with any and all remedies set forth in <br />these Restrictions or otherwise available at law or in equity or by statute (and all of the <br />City's rights and remedies shall be cumulative), including but not limited to the following: <br />22.1. Acceleration of Note. The City shall have the right to cause all indebtedness <br />of the Developer to the City under the Note, together with any accrued interest thereon, to <br />become immediately due and payable. The Developer waives all right to presentment, <br />demand, protest or notice of protest, or dishonor. The City may proceed to enforce payment <br />of the indebtedness and to exercise any or all rights afforded to the City as a creditor and <br />secured party under the law, including the Uniform Commercial Code, including <br />foreclosure under the City/HOME-ARP Deed of Trust. The Developer shall be liable to <br />18 <br />WISEPIace Permanent Supportive Housing <br />City HOME -ARP Affordability Restrictions on Transfer of Property <br />1 <br />
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