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06-20-11 Council Agenda
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06-20-11 Council Agenda
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(1) <br />(g) <br />conditions, or any similar event or events over which the Borrower has no <br />reasonable control. <br />The construction of the Improvements is delayed for any reason whatsoever <br />(including those beyond Borrower's control) so that the completion of the <br />Improvements cannot be accomplished, in the reasonable judgment of the Lender, <br />by the Completion Date. <br />The Lender shall have given notice to the Borrower under Section 2.3 hereof and <br />required the deposit of additional funds, and the Borrower shall have failed to do <br />so within the time specified in said Section 2.3. <br />(h) The Borrower shall have sold, transferred, conveyed or further encumbered the <br />Land or the Project, or any interest therein, without the prior written consent of <br />the Lender. <br />(i) <br />Borrower shall fail to make any payment or otherwise default in the performance <br />of any other evidence of indebtedness, note, agreement or obligation to or with <br />the Lender, and such failure or default shall not be cured within any grace periods <br />applicable thereto. <br />0) Borrower shall fail to make any payment or otherwise default in the performance <br />of any obligation, condition or covenant to be performed by it under the Mortgage <br />or the Assignment of Rents and Leases. <br />(k) The Borrower shall have failed to perform or otherwise be in default in the <br />performance of any of its obligations owing to any prior lender or mortgagee of <br />the Land. <br />Section 6.2. Ri hts and Remedies. Upon the occurrence of an Event of Default and at <br />any time thereafter during the continuance thereof, the Lender may, at its option, exercise any or <br />all of the following rights and remedies (and any other rights and remedies available to it under <br />applicable law): <br />(a) The Lender may refrain from making Advances hereunder (but Lender may make <br />Advances after the occurrence of an Event of Default without thereby waiving its <br />rights and remedies hereunder), and /or the Lender may terminate the <br />Commitment. <br />(b) The Lender may declare immediately due and payable all unpaid principal of and <br />accrued interest on the Note, together with all other sums payable hereunder, and <br />the same shall thereupon be immediately due and payable without presentment or <br />other demand, protest, notice of dishonor or any other notice of any kind, all of <br />which are hereby expressly waived. <br />12 <br />16 <br />
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