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~Cl1~1~i59~f <br />any part thereof to be sold, conveyed, mortgaged, granted, bargained, encumbered, pledged, <br />assigned, or otherwise transferred. <br />Section 8,2. SALE/ENCUMBRANCE DEFINED. A sale, conveyance, <br />mortgage, grant, bargain, encumbrance, pledge, assignment, or transfer within the meaning of <br />this Article 8 shall be deemed to include, but not limited to, (a) an installment sales <br />agreement wherein Borrower agrees to sell the Property or any part thereof for a price to be <br />paid in installments; or (b) an agreement by Borrower leasing all or a substantial part of the <br />Property for other than actual occupancy by a space tenant thereunder ar a sale, assignment or <br />other transfer of, or the grant of a security interest in, Borrower's right, title and interest in and <br />to any Leases or any Rents. <br />ARTICLE 9- PREPAYMENT <br />Section 9.1. PREPAYMENT BEFORE EVENT OF DEFAULT. The Debt <br />may be prepaid only in strict accordance with the express terms and conditions of the Loan <br />Agreement and the Note. <br />ARTICLE 10 -DEFAULT <br />Section 10.1. EVENTS OF DEFAULT. The occurrence of any one or more of <br />the following events shall constitute an "Event of Default": (a) if any portion of the Debt is not <br />paid within ten (10) days following the date the same is due or if the entire Debt is not paid <br />on or before the Maturity Date (as defined in the Loan Agreement); (b) if any of the Taxes <br />or Other Charges is not paid within ten (10) days following the date the same is due and <br />payable except to the extent sums sufficient to pay such Taxes and Other Charges have been <br />deposited with Lender in accordance with the terms of this Security Instrument; (c) if the <br />insurance policies required by Lender are not kept in full force and effect, or if such insurance <br />policies are not delivered to Lender upon request; (d) if the Property is subject to actual waste; <br />(e) if Borrower violates or does not comply with any provision of this Security <br />Instrument, the Loan Agreement, the Note or the Other Security Documents; (f) if any <br />representation ar warranty of Borrower or any person guaranteeing payment of the Debt or <br />any portion thereof or performance by Borrower of any of the terms of this Security <br />Instrument or any general partner, managing member, principal or beneficial owner of any of <br />the foregoing, made herein or any guaranty or indemnity, or in any certificate, report, <br />financial statement or other instrument or document furnished to Lender shall have been false <br />or misleading in any material respect when made; (g) if (i) Borrower or any general partner or <br />managing member of Harrower shall commence any case, proceeding or other action (A) under <br />any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, <br />insolvency, reorganization, conservatorship or relief of debtors, seeking to have an order for <br />relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking <br />reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition <br />or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, <br />custodian, conservator or other similar official for it or for all or any substantial part of its <br />assets, or the Harrower, or any general partner or managing member of Borrower, shall make a <br />general assignment for the benefit of its creditors; or (ii) there shall be commenced against <br />Borrower, or any general partner or managing member of Borrower, any case, proceeding or <br />7088330v3 1 <br />