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6C(2)
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11-08-12 Packet
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6C(2)
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1/22/2013 7:15:41 PM
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then the Commission shall have the right to re -enter and take possession of the Property and to <br />terminate and revest in the Commission the estate conveyed by the Deed to the Developer. The <br />intent of this provision, together with other provisions of the Contract, is that the conveyance of the <br />Property to the Developer shall be made upon, and that the Deed shall contain, a condition <br />subsequent to the effect that the event of any default, failure, violation, or other action or inaction by <br />the Developer specified in this Subsection D the Developer's failure to remedy, end, or abrogate <br />such default, failure, violation, or other action or inaction, within the period and in the manner stated <br />in such subdivisions, the Commission at its option may declare a termination in favor of the <br />Commission of the title, and of all the rights and interest in and to the Property conveyed by the <br />Deed to the Developer, and that such title and all rights and interests of the Developer, and any <br />assigns or successors in interest to and in the Property, shall revert to the Commission; provided, that <br />such condition subsequent and any revesting of title as a result thereof in the Commission: <br />1. shall always be subject to and limited by, and shall not defeat, render invalid, <br />or limit in any way, (i) the lien of any mortgage authorized by the Contract, <br />and (ii) any rights or interests provided in the Contract for the protection of <br />the holders of such mortgages; and <br />2. shall not apply to individual parts of the Property, if any, (or in the case of <br />parts sold or leased, the part so conveyed) on which the construction thereon <br />has been completed under the Contract. <br />E. Resale of Reacquired Property, Disposition of Proceeds. Upon the revesting in the <br />Commission of title to the Property or any part thereof as provided in Subsection D, above, the <br />Commission shall, pursuant to its responsibilities under State law, use its best efforts to resell the <br />Property or part thereof (subject to such mortgage liens and other interests as set forth in Subsection <br />D above) as soon and in such manner as the Commission shall find feasible and consistent with the <br />objectives of State law and of the Plan to a qualified and responsible party or parties (as determined <br />by the Commission) who will assume the obligation of making or completing the construction of the <br />Project in its stead or of another project as shall be satisfactory to the Commission and in accordance <br />with the uses specified for such Property or part thereof in the Plan. Upon such resale of the <br />Property, the proceeds shall be applied: <br />First, to reimburse the Commission, on its own behalf or on behalf of the City <br />of South Bend, Indiana, for all costs and expenses incurred by the <br />Commission, including but not limited to: <br />a. salaries of personnel, in connection with the recapture, management, <br />and resale of the Property or part thereof, but less any income derived <br />by the Commission from the Property or part thereof in connection <br />with recapture such management or resale; <br />b. all taxes, assessments, and water and sewer charges with respect to <br />the Property or part thereof, or, in the event the Property is exempt <br />from taxation or assessment or such charges during the period of <br />0 <br />
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