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79005189
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Last modified
1/13/2010 3:45:03 AM
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1/13/2010 3:44:28 AM
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DEEDS
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79005189
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<br />A~TICL~ XIII <br />F~EFAiJLT <br />Section 13.I This Lease Agreement is made on condition <br />that if: <br />(a) There is a failure to make the payments required <br />by Article II hereof; or <br />{b) There are not sufficient funds in the Bond Fund <br />to pay principal and interest on the Bonds at <br />least five days prior to any date for payment of <br />same; or <br />(c) Lessee defaults in the keeping or performance of <br />any other covenant or obligation herein, and <br />Lessee fails to remedy the same within thirty <br />(30) days after the Authority or the Trustee has <br />given Lessee written notice specifying such de- <br />fault (or within such additional period, if any, <br />as may be reasonably required to cure such <br />default if it is of such nature that it cannot <br />be cured within said thirty (30) day period}; or <br />(d) There occurs any of the events of default des- <br />cribed in Subsections 12.1(a), (b), (c), (d) or (e) <br />of the Sublease. <br />(e) Lessee shall file a voluntary getition under the <br />Bankruptcy Act, as an-ended, or an involuntary <br />petition under the Bankruptcy Act, as amended, <br />is filed against Lessee, and Lessee, after full <br />hearing, is adjudged to be bankrupt, insolvent <br />or unable to pay its debts as they mature; or <br />Lessee makes an assignment for the benefit of <br />its creditors; or a trustee or receiver, after <br />full hearing, is appointed or retained to take <br />charge of and manage any substantial Bart of the <br />assets of Lessee; or any execution or attachment <br />shall issue against Lessee whereupon the Project <br />or any gar± thereof, or any interest therein of <br />Lessee under this Agreement shall be taken or <br />rttempted to be taken and the same is not <br />released prior to judicial sale thereunder (each <br />of the events described in this subparagraph <br />being deemed a default under the provisions of <br />this Agreement); or <br />(f) Lessee or any other Berson shall institute a pro- <br />ceeding for the dissolution of Lessee; <br />then Authority may at Authority's election {subject, however, to <br />any restrictions against termination of this Lease Agreement in <br />the Resolution) then or at any time hereafter, and while such <br />default shall continue, give Lessee written notice of intention <br />to terminate this Lease Agreement on a date specified therein, <br />which date so specified, Lessee's rights to possession of the <br />Project shall cease and this Lease Agreement shall thereupon be <br />terminated, and Authority may re-enter and take possession of the <br />-29- <br />
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