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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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General Partner and effect such cure and (ii) provides written notice to MBI within such thirty <br /> (30) day period describing what efforts it has commenced and intends to continue to effect such <br /> cure, the thirty (30) day cure period provided above shall be extended for a period ending the <br /> earlier of(i) ninety (90) days after the expiration of such thirty (30) day cure period provided <br /> above, (ii) the date as of which Limited Partner shall cease the diligent pursuit of such actions as <br /> may be reasonably required to effect such cure, or (iii) the date as of which the cure of such <br /> default by Limited Partner shall become impossible; <br /> (g) The occurrence of a Prohibited Transfer; <br /> (h) The occurrence of an"Event of Default" under the Note or any of the other Loan <br /> Documents (for purposes of this paragraph, an "Event of Default" under shall mean the <br /> occurrence of any event or circumstance which is either defined as, or would constitute, an <br /> "Event of Default" under the terms of such Loan Document); <br /> (i) With respect to any Loan Document which does not contain an express definition <br /> for an"Event of Default", the occurrence of any default under such Loan Document and a failure <br /> to cure such default within the applicable cure period specified herein or therein,if any; <br /> 6) In the event the Project is abandoned or the construction or rehabilitation of the <br /> Improvements or installation of the Personal Property is stopped or delayed, except for delays <br /> beyond the reasonable control of Borrower, and such event continues for a period of thirty (30) <br /> days after written notice of such default or failure has been sent to Borrower; provided, however, <br /> that if Limited Partner (i) commences efforts to replace the General Partner as general partner of <br /> the Borrower with an affiliate of the Limited Partner as permitted by this Agreement and to effect <br /> such cure within such thirty (30) day period and thereafter diligently proceeds to take such <br /> actions as may be reasonably required to so replace the General Partner and effect such cure and <br /> (ii) provides written notice to MBI within such thirty (30) day period describing what efforts it <br /> has commenced and intends to continue to effect such cure, the thirty (30) day cure period <br /> provided above shall be extended for a period ending the earlier of(i) ninety (90) days after the <br /> expiration of such thirty (30) day cure period provided above, (ii) the date as of which Limited <br /> Partner shall cease the diligent pursuit of such actions as may be reasonably required to effect <br /> such cure, or (iii) the date as of which the cure of such default by Limited Partner shall become <br /> impossible; <br /> (k) In the event (i) the Improvements are not completed in substantial compliance <br /> with the Plans and Specifications, as approved by MBI and any applicable statutes, ordinances, <br /> codes, rules and regulations of civil authorities having jurisdiction, and all of the Personal <br /> Property required or contemplated by the Plans and Specifications has not been installed by the <br /> Target Completion Date, or (ii) the construction or rehabilitation of the Improvements or <br /> installation of the Personal Property is delayed for any period of time for any reason whatsoever <br /> and MBI determines, in its reasonable judgment, that the construction or rehabilitation of the <br /> Improvements and the installation of the Personal Property required or contemplated by the Plans <br /> and Specifications will not be completed by the Target Completion Date; <br /> (1) In the event any mechanic's lien or other lien (other than the Permitted <br /> Encumbrances) shall be asserted or filed against the Project and such lien shall not be released, <br /> bonded over or insured over by a title insurance company in a manner satisfactory to MBI within <br /> sixty(60) days after the assertion or filing thereof; <br /> Page 58 <br />
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