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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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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
13
Date
3/7/2023
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<br />EXHIBIT 3 <br />Agreement, so long as the removal and substitution of the defaulting General Partner is <br />made within thirty (30) days of such default or, if such removal and substitution cannot <br />reasonably be completed within thirty (30) days, so long as the Limited Partner commences <br />to take action to remove and substitute the General Partner within a reasonable period and <br />thereafter diligently proceeds to complete such substitution; (ii) any transfer of the Property <br />to the Managing General Partner of Borrower pursuant to the right of first refusal or to the <br />General Partners of Borrower pursuant to the purchase option, as provided for in the <br />Partnership Agreement; (iii) any transfer of the Limited Partner’s interest in accordance <br />with the Partnership Agreement; and (iv) any sale, transfer or other disposition of an <br />interest in a Limited Partner of the Borrower. <br />16.EVENT OF DEFAULT. <br />Subject to the provisions hereof, the occurrence of any of the following shall be <br />deemed to be an event of default ("Event of Default'') hereunder: (a) failure by Borrower <br />to make any payments provided for herein, and if such default is not made good within the <br />earlier of fifteen (15) days of written notice to Borrower of such default or thirty (30) days <br />after such payment was due; or (b) failure by Borrower to perform any covenant or <br />agreement in the City Deed of Trust, the Loan Agreement, or the Affordability Restrictions <br />on Transfer of Property within thirty (30) days after written demand therefor by City (or, <br />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 <br />prosecute same to completion). <br />17.CURE BY LIMITED PARTNER. <br />The City acknowledges that the Limited Partner of Borrower shall have the right, <br />but not the obligation to cure any default hereunder. Any cure made or tendered by such <br />Limited Partner shall be accepted as if made by Borrower. <br />18.REMEDIES. <br />Upon the occurrence and during the continuance of an Event of Default, after any <br />applicable notice has been provided and the expiration of any applicable cure period <br />therefore, City may declare all sums evidenced hereby immediately due and payable by <br />delivery to the Trustee named in the City/HOME-ARP Deed of Trust securing this Note, <br />and to Borrower, written declaration of default and demand for sale, and written notice of <br />default and of election to cause the Property to be sold, which notice Trustee shall cause to <br />be duly filed for record and City may foreclose on the City /HOME-ARP Deed of Trust. <br />City shall also deposit with Trustee the City HOME-ARP Deed of Trust, this Note and all <br />documents evidencing expenditures secured thereby and evidenced hereby. No delay or <br />omission on the part of the City in exercising any right under this Note or under any of the <br />other Loan Documents shall operate as a waiver of such right. <br />10 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Loan Note
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