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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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the title of the Borrower to, and its right to use, its properties is not materially and <br /> adversely affected thereby. <br /> (d) Insurance. The Borrower shall at all times: <br /> (i) Maintain or cause to be maintained insurance of such types and in <br /> such amounts (including without limitation, builder's risk insurance and insurance <br /> against loss by fire, hazards included within the term "extended coverage," and <br /> such other hazards, contingencies or casualties and liabilities on the Project, <br /> liability insurance with respect to the Project, and flood insurance on any portion <br /> of the Project which lies in a federally identified flood hazard zone) upon its <br /> property with responsible and reputable insurers of such character and in such <br /> amounts, with respect to such risks, as are usually maintained by Persons engaged <br /> in a like business under similar circumstances, and, with respect to casualty <br /> insurance on the Project equal to the original amount of the Loan and with an <br /> insurer qualified to write such insurance in the State, subject to ordinary and <br /> reasonable deductibles. <br /> (ii) Furnish to the Trustee, upon request, certified copies of its <br /> insurance policies or certificates of insurance showing its insurance coverage. <br /> (iii) Require each policy of insurance covering the Project to <br /> contain a provision whereby it cannot be canceled or substantially modified <br /> except after not less than 30 days' written notice to the Trustee. <br /> (e) The Borrower hereby agrees that, in the event it fails to pay or cause to be <br /> paid taxes, assessments, fees and other Governmental charges or levies or the premium <br /> on any required insurance, the Trustee may make such payment, but is not obligated to do <br /> so, and the Trustee shall be reimbursed by the Borrower therefor with interest on the <br /> amount so advanced at the Interest Rate for Advances. <br /> (f) Notice of Material Litigation. The Borrower shall promptly notify the <br /> Trustee and the Issuer in writing of any litigation, arbitration proceeding or <br /> administrative investigation, inquiry or other proceeding to which it may hereafter <br /> become a party or be subject to which may involve any material risk of any material <br /> judgment or liability(unless fully covered by insurance) or which may otherwise result in <br /> any material adverse change in the business or assets or in the condition, financial or <br /> otherwise, of the Borrower or which may materially impair the ability of the Borrower to <br /> perform this Agreement, the Regulatory Agreement or the Note, or any other agreement <br /> or instrument herein or therein contemplated. <br /> (g) Notice of Default. In the event that any Event of Default occurs of which <br /> the Borrower is aware, the Borrower shall give prompt notice in writing of such <br /> happening to the Trustee and Issuer. <br /> (h) Performance of Contracts, Etc. Except to the extent contested in good <br /> faith, the Borrower shall perform according to and shall comply with all of its contractual <br /> obligations and all requirements of law if nonperformance thereof would materially and <br /> 17 <br />
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