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written certificate furnished to the City and signed on behalf of the Borrower by a duly authorized <br /> officer. That certificate may designate an alternate or alternates. In the event that all persons so <br /> designated become unavailable or unable to act and the Borrower fails to designate a replacement <br /> within 10 days after such unavailability or inability to act, the City may appoint an interim <br /> Designated Representative until such time as the Borrower designates that person. <br /> "Development Agreement" means the Development Agreement, dated as of the date <br /> hereof,by and between the Borrower and the City of South Bend, Department of Redevelopment, <br /> acting by and through its governing body, the Redevelopment Commission. <br /> "Event of Default"means any of the events described as an Event of Default in Section 6.1 <br /> hereof. <br /> "Land Use Restriction Agreement"means that certain Land Use Restriction Agreement or <br /> similar agreement to be executed by the Borrower, as the same may be amended, restated, <br /> supplemented or otherwise modified from time to time, imposing certain income and rent <br /> restrictions on the Project pursuant to Section 42 of the Internal Revenue Code of 1986, as <br /> amended. <br /> "Loan"means the loan by the City to the Borrower pursuant to the terms of this Agreement. <br /> "Mandatory Project Completion Date" means December 31, 2029, or as agreed to by the <br /> Borrower or the Redevelopment Commission pursuant to Section 3.3 of the Development <br /> Agreement, subject to the Unavoidable Delay provisions of Section 7.12 of this Agreement and <br /> Force Majeure provisions of Section 6.2 of the Development Agreement. <br /> "Maturity Date"means December 31, 2056. <br /> "Note" means the Borrower's promissory note in the form attached as Exhibit A hereto, <br /> which shall be unsecured. <br /> "Notice Address" means: <br /> As to the City: City of South Bend Department of Community <br /> Investment <br /> 215 S. Dr. Martin Luther King,Jr. Blvd., Suite 500 <br /> South Bend,IN 46601 <br /> Attention: Executive Director <br /> With a copy to: South Bend Legal Department <br /> 215 S. Dr. Martin Luther King,Jr. Blvd., Suite 600 <br /> South Bend, IN 46601 <br /> Attn: Corporation Counsel <br /> As to the Borrower: <br /> Beacon Apartments Preservation LLC <br /> 3 <br />