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05-27-2026 Council Packet
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05-27-2026 Council Packet
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6/12/2026 8:22:05 PM
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<br />32 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />that Controlling Person consent in writing to the release of the Payment and Performance Bonds following <br />achievement of Completion. <br />Section 6.37 Extension of the Outside Stabilization Date. <br />(a) The Borrower may, upon thirty (30) days prior written notice to the Controlling <br />Person, extend the deadline for the Project Facilities to achieve Stabilization so long as: <br />(1) there is no Default or Event of Default beyond any applicable cure <br />period under the Funding Loan Documents and the Borrower is then in compliance with <br />its obligations under the Borrower Loan Documents; <br />(2) the extended deadline for the achievement of Stabilization is no <br />later than six months after the initial Outside Stabilization Date; and <br />(3) Not less than thirty (30) days prior to the initial Outside <br />Stabilization Date, an extension fee is paid to the Controlling Person equal to 0.25% times <br />the principal amount of outstanding amount of the Borrower Note and the Direct Note <br />outstanding at the time such fee is paid; and <br />(4) the Borrower certifies in writing to the Controlling Person that <br />cash flows generated from property operations and/or funds on deposit with the Fiscal <br />Agent (or other sources approved by the Controlling Person) will be sufficient to pay debt <br />service during the term of the extension. <br />(b) [Reserved]. <br />ARTICLE 7 <br /> <br />DEFAULTS AND REMEDIES <br />Section 7.1 Defaults. Each of the following shall constitute an event of default hereunder <br />(“Event of Default”): <br />(a) Failure by the Borrower to pay any amount required to be paid by the Borrower <br />under this Agreement, the Borrower Note or any of the other Funding Loan Documents when the same <br />shall become due and payable; <br />(b) Failure by the Borrower to perform or comply with any of the terms or conditions <br />contained in Section 6.1, 6.11 or 6.12 hereof; <br />(c) Failure by the Borrower to perform or comply with any of the terms or conditions <br />contained in this Agreement and any of the other Funding Loan Documents to which the Borrower is a <br />party, other than as described in paragraphs (a) and (b) above, and continuation of such failure for thirty <br />(30) days (or such other period of time as may be applicable under the Funding Loan Documents) after <br />written notice from the Funding Lender or the Controlling Person to the Borrower (with a copy to the <br />Investor Limited Partner, or such longer period to which the Controlling Person may agree in the case of a <br />default not curable by the exercise of due diligence within such thirty (30) day period, if the Borrower, the <br />General Partner or the Investor Limited Partner shall have commenced a cure of such default within such <br />thirty (30) day period and shall be diligently pursuing such cure as quickly as reasonably possible;
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