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FULL PACKET_2005-02-22
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FULL PACKET_2005-02-22
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<br />diligently to obtain possession of the Property (including possession by receiver) (subject to such <br />delays as may be incident to obtaining a relief from stay in the case of a bankruptcy/dissolution <br />event) and, upon obtaining such possession, shall proceed diligently to cure such Owner Event of <br />Default; and <br /> <br />(b) In the case of an Owner Event of Default that is not susceptible to <br />being cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and <br />diligently prosecute the same to completion (subject to such delays as may be incident to <br />obtaining a relief from stay in the case of a bankruptcy/dissolution event) (unless in the <br />meantime it shall acquire the Owner's right, title and interest hereunder, either in its own name <br />or through a nominee, by assignment in lieu of foreclosure) and upon such completion of <br />acquisition or foreclosure such Owner Event of Default shall be deemed to have been cured. <br /> <br />The Mortgagee shall not be required to obtain possession or to continue in <br />possession as Mortgagee of the Property pursuant to Subsection 8.4(a) above, or to continue to <br />prosecute foreclosure proceedings pursuant to Subsection 8.4(b) above, if and when such Owner <br />Event of Default shall be cured. Nothing herein shall preclude the City from exercising any of <br />its rights or remedies with respect to any other Owner Event of Default during any period of <br />such forbearance, but in such event the Mortgagee shall have all of its rights provided for herein. <br />If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Owner's <br />right, title and interest hereunder and shall cure all Owner Events of Defaults that are susceptible <br />of being cured by the Mortgagee or by said purchaser, as the case may be, then prior Owner <br />Events of Default that are not susceptible to being cured by the Mortgagee or by said purchaser <br />shall no longer be deemed Owner Events of Default hereunder. <br /> <br />Except as set forth herein, nothing contained herein shall require any Mortgagee <br />to cure any Owner Event of Default. <br /> <br />8.5 Foreclosure. Foreclosure of any Mortgage, or any sale thereunder, <br />whether by judicial proceedings or by virtue of any power contained in a Mortgage, or any <br />conveyance of the Project from the Owner to a Mortgagee or its designee through, or in lieu of <br />foreclosure or other appropriate proceedings in the nature thereof, shall not require the consent <br />of the City or constitute a breach of any provision of or a default under this Agreement; and upon <br />such foreclosure, sale or conveyance the City shall recognize the purchaser or other transferee in <br />connection therewith as the Owner hereunder provided that such purchaser or transferee <br />assumes, subject to the terms of Section 8.4 above, each and all of the obligations of the Owner <br />hereunder pursuant to an assumption agreement satisfactory to the City. If any Mortgagee or its <br />nominee or assignee shall acquire the Owner's right, title and interest hereunder as a result of a <br />judicial or nonjudicial foreclosure under any Permitted Mortgage, or by means of a deed in lieu <br />of foreclosure, or through settlement of or arising out of any pending or contemplated <br />foreclosure action, such Mortgagee shall thereafter have the right to assign or transfer the <br />Owner's right, title and interest hereunder to an assignee upon obtaining the City's consent with <br />respect thereto, which consent shall not be unreasonably withheld or delayed. Upon such <br />acquisition of the Owner's right, title and interest hereunder as described in the preceding <br />sentence by either Mortgagee, or the assignee or nominee of Mortgagee, or the purchaser from <br />Mortgagee, assignee or nominee, the City shall immediately execute and deliver a new <br />agreement or amend this Agreement with such party, upon the written request therefor by such <br /> <br />17 <br /> <br />75A-240 <br />
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