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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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e. Whenever the Agency shall deliver any notice or <br /> demand to the Developer with respect to any breach or default by <br /> the Developer in the completion of construction of the <br /> ; improvements, or any breach or default of any other obligations <br /> which might entitle the Agency to terminate this Agreement or <br /> exercise its right to re-enter under Section 5 .07 hereof, the <br /> ; Agency shall at the same time deliver to each holder of record of <br /> any mortgage, deed of trust or other security interest on the <br /> Property authorized by this Agreement a copy of such notice or <br /> demand. Each such holder shall (insofar as the rights of the <br /> Agency are concerned) have the right, at its option, to commence <br /> the cure or remedy of any such default and to diligently and <br /> continuously proceed with such cure or remedy, within ninety (90) <br /> calendar days after the receipt of the notice; and to add the cost <br /> thereof to the security interest debt and the lien of its security <br /> interest . If such default shall be a default which can only be <br /> remedied or cured by such holder upon obtaining possession, such <br /> holder shall seek to obtain possession with diligence and <br /> continuity through a receiver or otherwise, and shall remedy or <br /> cure such default within sixty (60) calendar days after obtaining <br /> possession; provided that in the case of a default which cannot <br /> with diligence be remedied or cured, or the remedy or cure of which <br /> cannot be commenced, within such sixty (60) calendar day period, <br /> such holder shall have such additional time as is reasonably <br /> necessary to remedy or cure such default of the Developer. Nothing <br /> contained in this Agreement shall be deemed to permit or authorize <br /> such holder to undertake or continue the construction or completion <br /> of the improvements on the Property (beyond the extent necessary to <br /> conserve or protect the improvements or construction already made) <br /> without first having expressly assumed the Developer' s obligations <br /> by written agreement satisfactory to the Agency. The holder in <br /> that event must agree to complete, in the manner provided in this <br /> Agreement, the improvements to which the lien or title of such <br /> holder relates and must submit evidence satisfactory to the Agency <br /> that it has the qualifications and financial responsibility <br /> necessary to perform such obligations . Any such holder completing <br /> such improvements in accordance herewith shall be entitled, upon <br /> written request made to the Agency, to be issued a Certificate of <br /> Completion by the Agency. <br /> f. In any case where, one hundred eighty (180) calendar <br /> days after default by the Developer in the completion of <br /> construction of improvements under this Agreement, the holder of <br /> ' any mortgage, deed of trust or other security interest creating a <br /> � lien or encumbrance upon the Property or any portion thereof has <br /> � ' not exercised the option to construct the applicable portions of <br /> the Project, or has exercised the option but has not proceeded <br /> diligently and continuously with construction, the Agency may, <br /> REDW\0006\DOC\013-6 <br /> 2 2 3/OS/05 mvc <br />
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