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2009_1207_Packet
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2009_1207_Packet
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and Mortgagor to cure the default prior to exercise of any remedies by the Mortgagee. If <br />Mortgagor fails to take corrective action or to cure the default within a time agreed to in <br />writing by the Mortgagee and the Mortgagor, Mortgagee shall give Mortgagor and each <br />of the general and limited partners of the Partnership written notice thereo£ In no event <br />shall Mortgagee be precluded from exercising remedies if its security becomes or is <br />about to become materially jeopardized by any failure to cure a default or the default is <br />not cured within one hundred eighty (180) days after the first notice of default is given, <br />or such longer period of time as may be specified in the Loan Documents. <br />4. Casualtv, Condemnation, Etc. In the event of any fire or other casualty to the Project <br />or eminent domain proceedings resulting in condemnation of the Project or any part <br />thereof, Mortgagor shall have the right to rebuild the Project, and to use all available <br />insurance or condemnation proceeds therefore, provided that (a) such proceeds are <br />sufficient to keep the Loan in balance and rebuild the Project in a manner that provides <br />adequate security to Mortgagee for repayment of the Loan or if such proceeds are <br />insufficient then Mortgagor shall have funded any deficiency, (b) Mortgagee shall have <br />the right to approve plans and specifications for any major rebuilding and the right to <br />approve disbursements of insurance or condemnation proceeds for rebuilding under a <br />construction escrow or similar arrangement, and (c) no material default then exists under <br />the Loan Documents. If the casualty or condemnation affects only part of the Proj ect <br />and total rebuilding is infeasible, then proceeds may be used for partial rebuilding and <br />partial repayment of the Loan in a manner that provides adequate security to the <br />Mortgagee for repayment of the remaining balance of the Loan. <br />5. Force Maieure. There shall be no default for construction delays beyond the <br />reasonable control of Mortgagor, provided that such delays do not exceed one hundred <br />eighty (180) days, or such longer period of time as may be specified in the Loan <br />Documents. <br />6. Purchase Ri�hts. The execution and delivery of the purchase option and right of first <br />refusal agreement described in the Partnership Agreement, if any, shall not constitute a <br />default under the Loan Documents or accelerate the maturity of the Loan thereunder. <br />Any requisite consent of the Mortgagee to (a) the exercise of said purchase option and <br />right of first refusal agreement by the proj ect sponsor identified therein, and to (b) the <br />assumption without penalty of Loan obligations by the project sponsor and the release of <br />Mortgagor from such obligations, sha11 not be unreasonably withheld. Subject to any <br />such consent requirement, the exercise of rights under such agreement shall not <br />constitute a default or accelerate maturity of the Loan. <br />7. Loan Assumption. If the purchase option and right of first refusal agreement described <br />in the Partnership Agreement, if any, is not exercised and the Project is sold subject to <br />low-income housing use restrictions similar to those contained in the Declaration of <br />Restrictive Covenants dated December 27, 2007 and recorded on December 28, 2007 as <br />Document Number 4072216, any requisite consent of Mortgagee to said sa1e, and to the <br />assumption without penalty of loan obligations by the purchaser and the release of <br />� <br />
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