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AgdaPkt 2020-10-12 Joint SA PFA
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AgdaPkt 2020-10-12 Joint SA PFA
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Last modified
10/14/2020 12:39:00 PM
Creation date
10/12/2020 11:30:12 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
10/12/2020
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6.0. - Page 22 of 34 <br />13.7 Mortgagee Protection. No violation of any provision contained herein shall defeat <br />or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon <br />all or any portion of the Project or the Property, and the purchaser at any trustee's sale or <br />foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the <br />acquisition of title by such purchaser. Promptly upon determining that a violation of this <br />Agreement has occurred, City shall give written notice to the holders of record of any mortgages <br />or deeds of trust encumbering the Project or the Property that such violation has occurred. <br />14. Default and Remedies. <br />14.1 Events of Default. The occurrence of any one or more of the following events <br />shall constitute an event of default hereunder ("Event of Default"): <br />(i) The occurrence of a Transfer in violation of Section 13 hereof, <br />(ii) Owner's failure to maintain insurance on the Property and the Project as <br />required by the Loan Agreement, and the failure of Owner to cure such default within five (5) <br />days; <br />(iii) Subject to Owner's right to contest the following charges, Owner's failure <br />to pay taxes or assessments due on the Property or the Project or failure to pay any other charge <br />that may result in a lien on the Property or the Project, and Owner's failure to cure such default <br />within twenty (20) days of delinquency, but in all events prior to the date upon which the holder <br />of any such lien has the right to foreclose thereon; <br />(iv) A default arises under any loan secured by a mortgage, deed of trust or <br />other security instrument recorded against the Property and remains uncured beyond any <br />applicable cure period such that the holder of such security instrument has accelerated repayment <br />of such loan; <br />(v) A default arises under the Loan Agreement or any other City Document <br />and remains uncured beyond the expiration of any applicable cure period; or <br />(vi) Owner's default in the performance of any term, provision or covenant <br />under this Agreement (other than an obligation enumerated in this Section 14.1), and unless such <br />provision specifies a shorter cure period for such default, the continuation of such default for ten <br />(10) days in the event of a monetary default or thirty (30) days in the event of a non -monetary <br />default following the date upon which City shall have given written notice of the default to <br />Owner, or if the nature of any such non -monetary default is such that it cannot be cured within <br />thirty (30) days, Owner's failure to commence to cure the default within thirty (30) days and <br />thereafter prosecute the curing of such default to completion with due diligence and in good faith <br />but in no event later than ninety (90) days from receipt of the notice of default. <br />14.2 Remedies. Upon the occurrence of an Event of Default and its continuation <br />beyond any applicable cure period, City may proceed with any of the following remedies: <br />REV: 08-26-2020 PR <br />ATTY/AGR.2020.168/HIP Housing Development Corporation (Page 19 of 31) 157 <br />
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