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<br /> <br />as reasonably possible to what previously existed, due consideration given to any portion of the <br />Mortgaged Property taken through eminent domain or condemnation. <br />ARTICLE III. <br />EVENT OF DEFAULT; REMEDIES <br />SECTION 3.1. EVENT OF DEFAULT. The following shall be “Events of Default” under <br />this Agreement and the term “Event of Default” shall mean, whenever it is used in this <br />Agreement, any one or more of the following events: <br />(a) Failure by Borrower to make any payment due within thirty (30) days after such <br />payment becomes due and payable; or <br />(b) Failure by Borrower to substantially observe or perform any other covenant, <br />condition, obligation or agreement on its part to be observed or performed under this <br />Agreement, and such failure is not cured within ninety (90) days after Lender notifies <br />Borrower in writing of such failure; provided, however, that if Borrower has commenced <br />the cure of such default within ninety (90) days, then such ninety- (90-) day period shall <br />be extended so long as Borrower is diligently pursuing the cure; or <br />(c) Borrower shall: <br />i. file any petition in bankruptcy or for any reorganization, <br />arrangement, composition, readjustment, liquidation, dissolution, <br />or similar relief under the United States Bankruptcy Act of 1978, <br />as amended, or under any similar federal or state law; or <br />ii. make an assignment for the benefit of its creditors; or <br />iii. admit in writing its inability to pay its debts generally as they <br />become due; or <br />iv. be adjudicated a bankrupt or insolvent; or if a petition or answer <br />proposing the adjudication of Borrower as a bankrupt or its <br />reorganization under any present or future federal bankruptcy act <br />or any similar federal or state law shall be filed in any court and <br />such petition or answer shall not be discharged or denied within <br />ninety (90) days after the filing thereof; or a receiver, trustee or <br />liquidator of Borrower or of the Project, or part thereof, shall be <br />appointed in any proceeding brought against Borrower, and shall <br />not be discharged within ninety (90) days after such appointment, <br />or if Borrower shall consent to or acquiesce in such appointment. <br />SECTION 3.2. REMEDIES. Subject to the rights of any senior lenders to Mortgagor and <br />except as provided in that certain Master Subordination Agreement and Estoppel Certificate by <br />and among Mortgagor, Mortgagee, the Ramsey County Housing and Redevelopment Authority, <br />Mounds View Group LLC, and the Minnesota Housing Finance Agency, as amended from time