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26166336 <br /> Parcel the right to utilize the HCHA Parcel for such purposes as do not unreasonably endanger or <br /> interfere with the shared use granted herein. HCHA shall have the right to grant such other <br /> shared use to such persons and/or entities and for such purposes as HCHA in its sole discretion <br /> may elect, so long as such purposes do not unreasonably endanger or interfere with the shared <br /> use granted herein. <br /> The shared use granted herein are not exclusive, and SBV hereby reserves unto itself and <br /> to the other present and future owners of the SBV Parcel the right to utilize the SBV Parcel for <br /> such purposes as do not unreasonably endanger or interfere with the shared use granted herein. <br /> SBV shall have the right to grant such other shared used to such persons and/or entities and for <br /> such purposes as SBV in its sole discretion may elect, so long as such purposes do not <br /> unreasonably endanger or interfere with the shared use granted herein. <br /> Section 6. Subordination and Notice. HCHA and SBV hereby subordinate any lien <br /> rights relating to repair, maintenance and/or other costs by one Party to the other hereunder to <br /> any unrelated third party institutional and/or governmental lender(s) who provide mortgage <br /> financing for any portion of the HCHA Parcel and the SBV Parcel (collectively, the "Lenders"). <br /> Each Party shall provide notice of any defaults hereunder to the Lenders and the Lenders shall <br /> then have 30 days to cure such default(s) prior to the filing of any liens or taking of any <br /> enforcement action hereunder. To the extent MHEG Fund 40, L.P., its successors and/or assigns <br /> ("MHEG") is then an equity investor in HCHA and/or SBV, HCHA and/or SBV shall provide <br /> notice of any defaults hereunder to MHEG Fund 40, L.P, c/o Midwest Housing Equity Group at <br /> West Dodge Medical Plaza, 515 N 162nd Aye, Ste. 202, Omaha,NE 68118, and MHEG shall <br /> have 30 days to cure such default(s) prior to the filing of any liens or taking any enforcement <br /> action hereunder. <br /> Section 7. Default. Failure to comply with the terms, conditions and obligations of this <br /> Agreement shall be deemed a default hereunder. A default which continues for more than <br /> 30 days after the date of written notice to the defaulting Party of such default shall constitute an <br /> Event of Default. Upon an Event of Default, the nondefaulting Party shall be entitled to <br /> (a)perform such obligations as are necessary to comply with the terms and conditions of this <br /> Agreement, (b) expend such funds as are reasonably necessary to perform such obligations, and <br /> (c) submit an immediate invoice to the defaulting Party for the reasonably expended funds, <br /> which shall be due and payable within 10 days of the date of notice of the invoiced bill. Any <br /> invoiced amount which is not paid in a timely manner shall accrue interest at the rate of 12%per <br /> annum, retroactive to the date of invoice. If the defaulting Party fails to pay such invoiced <br /> amount to the nondefaulting Party within such 10-day period, the nondefaulting Party shall have <br /> the right to file a lien against the defaulting Party's property in accordance with Nebraska law. <br /> Section 8. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to <br /> the benefit of the owners of the SBV Parcel and the HCHA Parcel and their respective heirs, <br /> successors and assigns. In the event any provision hereof is held to be invalid and <br /> unenforceable, such invalidity or unenfoiceability shall not affect the validity or enforceability of <br /> any other provisions hereof. This Agreement may only be modified in writing. This Agreement <br />