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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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Clerk of the Council
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13
Date
3/7/2023
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<br />EXHIBIT 3 <br />(2) each Lease, when executed and delivered, will be valid and enforceable in accordance <br />with its terms, will constitute the entire agreement between the lessee named therein and Trustor, <br />and there will be no amendments, written or oral, to such agreements except in the ordinary <br />course of business, without the Lender's prior written consent; and <br />(3) none of the lessor's interests in, and no Rent under, any of the Leases has been <br />transferred or assigned except as expressly provided for in the Loan Agreement; and <br />(4) Trustor is the owner of the leasehold interest in the Property under the Ground Lease, <br />and has good title to the Leases, any contracts of sale that exist or may be made relating to the <br />sale of a portion of the Property, and any Rent, money, rights or claims under the Leases or <br />contracts of sale, and no other person firm, or corporation has any right, title, or interest in them. <br />Section 8. <br />8.1. <br />EVENTS OF DEFAULT <br />Events of Default. <br />Each of the following shall constitute Events of Default: (1) the occurrence of an “Event <br />of Default” as defined in the Loan Agreement or as defined in any Debt Instrument; or (2) the <br />failure to make any payment or perform any of Trustor’s other Obligations now or hereafter <br />secured by this Deed of Trust (subject to written notice and expiration of any applicable cure <br />period) and if no cure period is provided, a cure period equal to those granted to the Limited <br />Partner under Section 8.12. <br />8.2.Acceleration of Maturity. <br />If an Event of Default shall have occurred and be continuing, then at the option of the <br />Beneficiary, the amount of any payment related to the Event of Default, the unpaid Principal of <br />the Note and any other indebtedness and other Obligations secured hereby shall immediately <br />become due and payable without presentment, protest notice or demand, all of which are hereby <br />expressly waived, upon written notice by the Beneficiary to the Trustor and no omission on the <br />part of the Beneficiary to exercise such option when entitled to do so shall be construed as a <br />waiver of such right. <br />8.3.The Beneficiary’s Right to Enter and Take Possession. <br />If an Event of Default shall have occurred and be continuing, the Beneficiary may: <br />(a) Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its <br />security, enter upon the Security and take possession thereof (or any part thereof) and of any of <br />the Security, in its own name or in the name of Trustee, and do any acts which it reasonably <br />deems necessary to preserve the value or marketability of the Security, or part thereof or interest <br />therein, increase the income therefrom or protect the security thereof and, with or without taking <br />possession of the Security, sue for or otherwise collect the Rents, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection including <br />without limitation reasonable attorneys fees, against any indebtedness secured hereby, all in such <br />order as Beneficiary may determine. The entering upon and taking possession of the Security the <br />collection of such Rents and the application thereof as aforesaid shall not cure or waive any <br />27 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Deed of Trust
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