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Agmt04 cinema - closing docs
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Agmt04 cinema - closing docs
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Last modified
7/5/2005 2:27:38 PM
Creation date
12/6/2004 9:14:09 AM
Metadata
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Template:
Agreement
Contractor Name
numerous files
PROJECT NAME
Cinema - closing documents from escrow
RMP File Number
100 bin 24
Date
11/29/2004
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<br />parties, shall cure any defaults required to be cured (subject to subparagraph (c)) and <br />shall expressly assume the covenants, agreements and obligations of Developer under the <br />DDA accruing from and after the date of such transferee's or Purchaser's acquisition of <br />title to the Project by written agreement satisfactory to Agency. <br />(c) Notwithstanding any provisions of Section 513 of the DDA to the <br />contrary, if any Default by Developer under the DDA is not susceptible of cure within the 90-day <br />cure period provided for therein, neither Agency nor City shall have the right to exercise any of <br />its remedies as a result of such Default for as long as Lender is diligently prosecuting the cure of <br />any such Default to completion; provided, further, that if such Default is not reasonably <br />susceptible of cure by Lender, Agency and City shall nonetheless forebear from the exercise of <br />their remedies for as long as Lender is diligently exercising its foreclosure remedies or <br />attempting to have a receiver appointed pursuant to the Loan Documents and as long as Lender, <br />any Purchaser or any receiver performs the obligations of Developer under the DDA in all <br />material respects after such foreclosure, deed- in-lieu thereof or appointment. Any Default by <br />Developer not reasonably susceptible of being cured by Lender shall be deemed waived by <br />Agency and City upon completion of the foreclosure proceedings by Lender or upon the <br />acquisition of Developer's interest in the Project, except any Default which is susceptible to <br />being cured only after such completion and acquisition, which shall then be cured with <br />reasonable diligence. <br />(d) Notwithstanding the provisions of Section 514 of the DDA, <br /> (i) Agency shall not have the right to purchase the Loan Documents <br />until the later of (A) six (6) months after a Default by Developer in the completion of the <br />construction of the Project under the DDA, or (B) the occurrence of an Event of Default <br />under the Loan Documents and the lapse of all cure periods provided for in the Loan <br />Documents and the first to occur of (1) Lender's recordation of a notice of default <br />pursuant to Cal. Civ. Code §2924, et g:g., or (2) Lender's delivery to Agency of written <br />notice of Lender's intent to accept from Developer a deed· in-lieu of foreclosure of the <br />Deed of Trust, which Lender shall deliver to Agency not later than ninety (90) days prior <br />to the effective date of any such deed- in-lieu of foreclosure; <br /> (ii) Agency's right to purchase the Loan Documents shall be <br />conditioned upon the payment to Lender of all indebtedness and other obligations <br />outstanding under the Loan Documents, including, without limitation, all attorneys' fees <br />and other costs of enforcement of Lender's rights under the Loan Documents; and <br /> (iii) Agency shall not have the right to acquire the Project or any <br />security for the Loan from Lender under such Section 514 of the DDA after Lender has <br />enforced its rights under the Loan Documents by foreclosure or deed- in-lieu of <br />foreclosure. <br />(e) Agency's right of access to the Project Site under Section507 of the DDA <br />shall be exercised by Agency in a manner consistent with the access and inspection rights of <br />Lender under the Loan Documents. <br /> - 6- <br />. . . -----....,... <br />
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