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Agenda Packets - 2018/12/10
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Agenda Packets - 2018/12/10
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1/28/2025 4:51:39 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/10/2018
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City Council Document Type
City Council Packets
Date
12/10/2018
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6 <br />(2) make an assignment for the benefit of its creditors; or <br />(3) admit in writing its inability to pay its debts generally as they <br />become due; or <br />(4) be adjudicated a bankrupt or insolvent; or if a petition or answer <br />proposing the adjudication of the Borrower as a bankrupt or its reorganization under any <br />present or future federal bankruptcy act or any similar federal or state law shall be filed in <br />any court and such petition or answer shall not be discharged or denied within ninety (90) <br />days after the filing thereof; or a receiver, trustee or liquidator of the Borrower or of the <br />Property, or part thereof, shall be appointed in any proceeding brought against the <br />Borrower, and shall not be discharged within ninety (90) days after such appointment, or <br />if the Borrower shall consent to or acquiesce in such appointment. <br />Wells Fargo Affordable Housing Community Development Corporation, the investor limited <br />partner of Borrower (the “Investor Limited Partner”) shall have the right, but not the obligation, <br />to cure any Event of Default by Borrower under this Agreement or any default under any other <br />Loan Document, and Lender shall accept performance by Investor Limited Partner of any <br />obligation of Borrower thereunder as though tendered by Borrower itself, provided such <br />performance by Investor Limited Partner has occurred during the applicable cure period, if any, <br />provided to Borrower thereunder with respect to such default or Event of Default. Upon the <br />occurrence of any event that would become an Event of Default hereunder if not cured within <br />any applicable cure period set forth herein, Borrower agrees to promptly provide written notice <br />to Lender describing such event and Borrower’s plan for curing the same. <br /> <br />Section 5.2 Remedies on Default. Whenever any Event of Default referred to in <br />Section 5.1 of this Agreement occurs and is continuing, the City, as specified below, may <br />take any one or more of the following actions: <br />(a) The City may declare the unpaid principal of the Loan immediately due <br />and payable. <br />(b) The City may exercise its rights and remedies under the Mortgage, dated <br />even herewith, from the Borrower to the City (the “Mortgage”) and proceed against the <br />collateral described therein, subject to the terms and conditions of that certain Master <br />Subordination Agreement and Estoppel Certificate dated even herewith among the <br />Borrower, the City, the Ramsey County Housing and Redevelopment Authority, Mounds <br />View Group LLC, and the Minnesota Housing Finance Agency. <br />(c) The City may suspend its performance under this Agreement until it <br />receives assurances from the Borrower, deemed adequate by the City, that the Borrower <br />will cure its default and continue its performance under this Agreement. <br />(d) The City may cancel and rescind this Agreement. <br />(e) The City may take any action, including legal or administrative action, <br />which may appear necessary or desirable to collect any payments due under this
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