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06-20-11 Council Agenda
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06-20-11 Council Agenda
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junior and subordinate to the lien of the Mortgage and said title insurance policy <br />insures against Toss by reason of such liens); <br />(b) Agree or consent to any material changes in the Plans or Drawings and <br />Specifications, or to any material change orders or to any material changes of the <br />terms and provisions of the contracts or subcontracts delivered pursuant to <br />Article II; <br />(e) <br />Incorporate in the Project any materials, fixtures or property which are subject to <br />the claims of any person other than Lender, whether pursuant to conditional sales <br />contract, security agreement, lease, mortgage or otherwise. <br />(d) The Borrower shall be in default under or in breach of any of the terms of the <br />Security Documents, and such default or breach shall not be cured or waived by <br />the Lender within the period or periods of grace, if any, applicable thereto. <br />ARTICLE 6 <br />Events of Default <br />Section 6.1. Events of Default. Each of the following shall constitute an Event of <br />Default: <br />(a) The Borrower shall fail to pay interest on or principal of the Note when due. <br />(h) The title to the Land is not reasonably satisfactory to the Lender and the Lender <br />shall have given written notice of its objections to the Borrower and such objec- <br />tions shall have remained uncured for 20 calendar days after such notice, <br />regardless of whether the objection existed at the time of any Advance. <br />(e) <br />The Project is materially damaged or destroyed by fire or other casualty and the <br />loss, in the reasonable judgment of the Lender, is not adequately covered by <br />insurance actually collected or in the process of collection. <br />(d) Execution shall have been levied against the Land or any other property subject to <br />the Mortgage or any creditor's suit to enforce ajudgment or other lien against the <br />Land or such other property shalt have been bought and (in either case) shall <br />continue unstayed and in effect for a period of more than 10 consecutive calendar <br />days. <br />(e) <br />The construction of the Itnprovements is abandoned or is unreasonably delayed or <br />is discontinued for a period of 20 consecutive calendar days, in each instance for <br />reasons other than acts of God, fire, storm, strikes, blackouts, labor difficulties, <br />enemy action, riots, inability to obtain materials, energy supplies, equipment or <br />labor, governmental restrictions, unavoidable casualty, unforeseeable weather <br />15 <br />
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