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Agmt00 Irvine Apartment Communi
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Agmt00 Irvine Apartment Communi
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Entry Properties
Last modified
11/20/2012 11:49:51 AM
Creation date
10/22/2002 9:23:14 AM
Metadata
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Template:
Agreement
Contractor Name
Irvine Apartment Communities
PROJECT NAME
Franklin Street project
RMP File Number
304
Date
2/15/2001
Reso Ref
RD-00-53, RD 99-30
Amendment
Yes
Box
6150
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§514 Failure of Holder to Complete Improvements <br /> In any case where, six (6) months after notice of default by IAC in completion of <br /> construction of improvements under this Agreement, the holder of any mortgage or deed of trust <br /> creating a lien or encumbrance upon the IAC Project Site or any part thereof has not exercised <br /> the option to construct, or if it has exercised the option and has not proceeded diligently with <br /> construction, the Agency may purchase the mortgage or deed of trust by payment to the holder of <br /> the amount of the unpaid mortgage or deed of trust debt, including principal and interest and all <br /> other sums secured by the mortgage or deed of trust. If the ownership of the IAC Project Site or <br /> any part thereof has vested in the holder, the Agency, if it so desires, shall be entitled to a <br /> conveyance of the IAC Project Site from the holder to the Agency upon payment to the holder of <br /> an amount equal to the sum of the following: <br /> A. The unpaid mortgage or deed of trust debt at the time title became vested <br /> in the holder(less all appropriate credits, including those resulting from collection and <br /> application of rentals and other income received during foreclosure proceedings); <br /> B. All expenses with respect to foreclosures; <br /> C. The net expense, if any (exclusive of general overhead), incurred by the <br /> holder as a direct result of the subsequent management of the IAC Project Site or part <br /> thereof; <br /> D. The costs of any improvements made by such holder; and <br /> E. An amount equivalent to the interest that would have accrued on the <br /> aggregate of such amounts had all such amounts become part of the mortgage or deed of• <br /> trust debt and such debt had continued in existence to the date of payment by the Agency. <br /> §515 Right of the Agency to Cure Mortgage or Deed of Trust Default <br /> In the event of a mortgage or deed of trust default by IAC prior to the issuance of a <br /> Certificate of Completion and the holder of any mortgage or deed of trust has not exercised its <br /> option to constnzct, the Agency, after giving written notice and an opportunity to cure to IAC, <br /> may cure the default prior to completion of any foreclosure. In such event, the Agency shall be <br /> entitled to reimbursement from IAC of all reasonable costs and expenses incurred by the Agency <br /> in curing such default. The Agency also shall be entitled to a lien upon the IAC Project Site to <br /> the extent of such costs and disbursements. Any such lien shall be subject to mortgages or deeds <br /> of trust executed for the purpose of obtaining funds for development of the IAC Project Site as <br /> authorized in Article 9. <br /> §516 Right of the Agency to Satisfy Other Liens on the Acquisition Parcels After <br /> Title Passes <br /> After conveyance of title and prior to the issuance of a Certificate of Completion and <br /> after IAC has had a reasonable time to challenge, cure or satisfy any liens or encumbrances on <br /> the Acquisition Parcels, the Agency, after giving written notice to IAC, shall have the right to <br /> satisfy any such liens or encumbrances; provided, however, that nothing in this Agreement shall <br /> require IAC to pay or make provision for the payment of any tax, assessment, lien or charge, so <br /> long as IAC in good faith shall contest the validity or amount thereof, and so long as such delay <br /> in payment shall not subject the Acquisition Parcels or any of them to forfeiture or sale. <br /> 27 = <br /> 9627:83976.25 <br />
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