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AgdaPkt 2002-04-22
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AgdaPkt 2002-04-22
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Last modified
7/5/2005 2:52:23 PM
Creation date
4/18/2002 8:50:22 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
4/22/2002
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service on Owner. Notwithstanding anything to the contrary in Section 19, each <br /> Mortgagee has a period of 90 days after the receipt of'that notice from City to cure or <br /> remedy, or to commence to cure or remedy, the Event of Default claimed or the areas of <br /> noncompliance set forth in City's notice. If the Event of Default or the noncompliance is <br /> of a nature that can only be remedied or cured by the Mortgagee upon obtaining <br /> possession, the Mortgagee shall diligently seek to obtain possession through a receiver <br /> or otherwise, and shall thereafter remedy or cure the Event of Default or noncompliance <br /> within 90 days after obtaining possession. If any Event of Default or noncompliance <br /> cannot, with diligence, be remedied or cured within the 90 day period, then the <br /> Mortgagee has additional time, as may be reasonably necessary to remedy or cure the <br /> Event of Default or noncompliance, if the Mortgagee commences to cure during the 90 <br /> day period, and thereafter diligently pursues completion of that cure. Nothing in this <br /> Agreement permits or authorizes any Mortgagee to undertake or continue construction <br /> or completion of any improvements comprising the Project beyond the extent necessary <br /> to conserve or protect improvements or construction already made, without first having <br /> expressly assumed Owner's obligations under this Agreement. <br /> <br />(c) If Owner defaults under any Mortgage, City may cure that default prior to <br />completion of any foreclosure or any proceeding to terminate the interest of Owner in <br />the Property. Concurrently with serving any notice of default on Owner under a <br />Mortgage, each Mortgagee shall provide to City the same notice of default given Owner. <br />If City invokes its right to cure, City is entitled to reimbursement from Owner for all costs <br />and expenses incurred by City in curing that default. At its option and in its sole <br /> <br /> -18- <br />opler0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />
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