Laserfiche WebLink
<br /> agreemen t of the Iss uer to pe r fo rm 0 r c au se the per formance of the <br /> covenants and other provisions herein referred to shall be subject <br /> at all times to the availability of revenues from the Borrower or- <br /> o the r funds furnished to. the Iss uer , in accordance with the Loan <br /> Agreemen t and the Note, ~ sufficient to pay all costs of such <br /> performance or the enforcement thereof. <br /> The remedies of the La nder, as prov ided herein and in <br /> the Loan Agreement, the Guaranty Agreement, and the Deed of Tr us t <br /> shall be cumula t ive and co nc urren t and may be p urs ued sing 1 y , <br /> successively or toge ther, at the sole disc r e t ion of the La nder . <br /> The remedies of the Le nder may be exercised as often as occasion <br /> therefor shall occur and the fail ur e to exercise any such right or <br /> remedy shall in no even t be co ns tr ued as a wa i ver or- release <br /> thereof. <br /> The Le nder shall not be deemed, by any ac t or omission <br /> or commission, to have waived any of its r igh ts or remedies <br /> hereunder unl e ss such waiver is in wr i ting and s ig ned by the <br /> Le nder , and then only to the extent specifically set for th in the <br /> wr i t i ng . A waiver with reference to one even t shall not be <br /> construed as con tinui ng or as a bar to or wa i ver of any right or <br /> remedy as to a subsequent event. <br /> This Bond is transferable only in the registration book <br /> of the Iss uer at the office of the City Cl ark, by an officer of <br /> the La nder or by its ag e n t duly authorized in wr i t i n9 , at the <br /> Lender 's expense, upon s urre nder hereof toge ther with a wr i t te n <br /> instrument of transfer sa tisfac tory to the City Cl er k , duly <br /> executed by the Lender or its duly author i zed agent. Upon such <br /> tr ansfer the City Clerk will note the date of registration and the <br /> name and address of the new registered owner of this Bond in the <br /> reg i stra tion bl ank appe ar ing below and in the reg i s t rat ion book. <br /> The Issuer may deem and trea t the pe r so n in whose name the Bond is <br /> last reg istered in the reg istra tion book of the Is sue r as the <br /> absol ute owner hereof, whether or no t overd ue , for the purpose of <br /> rece iv ing payments of or on the accoun t 0 f the Pr inc ipal Bal ance , <br /> or interest and for all other purposes, and all such payments so <br /> made to the Le nder or upon its order shall be val id and effective <br /> to satisfy and discharge the liability upon the Bo nd to the extent <br /> .of the sum or sums so pa id , and the Is s ue r shall not be affec ted <br /> by any not ice to the con tr ary . <br /> IT IS HEREBY CERTIFIED AND RECITED that all condi tions, <br /> acts and things required to exist, happen and be performed <br /> - 10 - <br /> . <br />