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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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05/17/2022 Special and Regular
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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
39
Date
5/17/2022
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30 <br />Westview House <br />City HOME Deed of Trust <br /> Attn: Sheldon Chernove, Esq. <br /> With a copy to: <br />R4 WHCA Acquisition LP <br />c/o R4 Capital LLC <br />780 Third Avenue, 16th Floor <br />New York, New York 10017 <br />Attention: Marc Schnitzer <br />E-Mail: mschnitzer@R4cap.com <br /> <br />And to: <br /> <br />Frost Brown Todd LLC <br />400 West Market Street, Suite 3200 <br />Louisville, Kentucky 40202 <br />Attention: Amy Curry <br /> <br />Any notice, demand or communication shall be deemed given, received, made or <br />communicated on the date personal delivery is effected or, if mailed in the manner herein <br />specified, on the delivery date or date delivery is refused by the addressee, as shown on the <br />return receipt. Either party may change its address at any time by giving written notice of such <br />change to Beneficiary or Trustor as the case may be, in the manner provided herein, at l east ten <br />(10) days prior to the date such change is desired to be effective. <br /> 8.4. Successors and Joint Trustors. <br /> All Obligations of Trustor secured by this Deed of Trust, shall also apply to and bind any <br />permitted transferee or successors in interest. Where the terms of the Deed of Trust have the <br />effect of creating an Obligation of the Trustor and a transferee, such Obligation shall be deemed <br />to be a joint and several Obligation of the Trustor and such transferee. Where Trustor is more <br />than one entity or person, all Obligations of Trustor shall be deemed to be a joint and several <br />Obligation of each and every entity and person comprising Trustor. <br /> 8.5. Captions. <br /> The captions or headings at the beginning of each Section hereof are for the convenience <br />of the parties and are not a part of this Deed of Trust. <br /> 8.6. Invalidity of Certain Provisions. <br /> Every provision of this Deed of Trust is intended to be severable. In the event any term <br />or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or <br />other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of <br />the terms and provisions hereof, which terms and provisions shall remain binding and <br />enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the <br />debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or <br />partially secured portion of the debt, and all payments made on the debt, whether voluntary or <br />EXHIBIT 3
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