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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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Section 19.4 No Waiver. No waiver by MBI of the breach of any term, condition, warranty, <br /> representation, covenant or agreement contained herein or in the agreements, instruments, guaranties or <br /> documents delivered pursuant thereto shall be considered as a waiver of the same default in the future or <br /> any other default and no delay or omission by MBI in exercising any right or remedy hereunder shall <br /> impair any such right or remedy or be construed as a waiver of any default. The acceptance by MBI of <br /> any payment after the due date of such payment, or in an amount which is less than the required payment, <br /> shall not be a waiver of MBI's right to require prompt payment when due of all other payments or to <br /> exercise any right or remedy with respect to any failure to make prompt payment. The inclusion of <br /> deadlines and the references to dates later than the maturity of any obligation shall not by implication or <br /> otherwise obligate MBI to renew or extend any maturity. <br /> Section 19.5 Waiver of Presentment. Borrower waives presentment, demand and protest and <br /> notice of presentment, maturity, release, compromising settlement, extension or renewal of any or all <br /> promissory notes, commercial paper, accounts receivable, contract rights, documents, instruments, chattel <br /> paper and guaranties entered into by Borrower in connection herewith and at any time held by MBI and <br /> on which Borrower may be liable in any way. <br /> Section 19.6 Amendments. Any modification of or amendment to this Agreement shall be <br /> ineffective unless in writing and signed by the duly authorized representatives of Borrower,the Issuer and <br /> MBI. <br /> Section 19.7 Additional Rights of MBI. Each payment to MBI shall be applied to the payment <br /> of accrued and unpaid interest and to the reduction of the principal balance in such order and in such <br /> amounts as MBI shall determine, in its sole discretion. MBI may from time to time without notice to <br /> Borrower (a) release any collateral or substitute or exchange any collateral, (b) release, modify or <br /> compromise any liability of Borrower, the Co-Maker or any other obligor, or the terms thereof and (c) <br /> apply any amounts paid to MBI with such marshalling of security as MBI may, in its sole discretion, <br /> determine appropriate; all without the consent of or proper notice to Borrower. The liability of Borrower <br /> shall not be released in part or in whole by reason of the foregoing, the addition of co-makers, endorsers, <br /> guarantors or sureties, or a failure to perfect any security interest or lien in any collateral or a failure to <br /> proceed in any particular manner with respect to any collateral. <br /> Section 19.8 Preferences. To the extent that Borrower makes a payment or payments to MBI, <br /> which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or <br /> preferential, set aside or required to be repaid to a trustee, receiver or any other party under any <br /> bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment <br /> or proceeds received, the obligations arising hereunder and under the Note, or such part thereof intended <br /> to be satisfied, shall be revived and continue in full force and effect, as if such payment or proceeds had <br /> not been received by MBI. <br /> Section 19.9 Notices. Any written notice required or permitted to MBI or Borrower hereunder <br /> shall be deemed effective when (a) mailed by certified United States mail, postage prepaid with return <br /> receipt requested or (b) sent by an overnight carrier which provides for a return receipt, to the applicable <br /> address specified below: <br /> If to Borrower: MAH CEDAR GLEN, LP <br /> Page 64 <br />
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