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11-14-01 1. INDENTURE OF TRUST
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2040 Wayzata Boulevard West - 34-118-23-21-0036 - (Orono HRA)
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Dunbar Sr. Hsg. - Finance Doc's - Mike Gaffron File Cabinet 1
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11-14-01 1. INDENTURE OF TRUST
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Last modified
8/22/2023 4:55:34 PM
Creation date
10/4/2021 9:44:21 AM
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x Address Old
House Number
2040
Street Name
Wayzata
Street Type
Boulevard
Street Direction
West
Address
2040 Wayzata Boulevard West
Document Type
Land Use
PIN
3411823210036
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ARTICLE VII <br /> Remedies on Default <br /> Section 7.01 Events of Default. Each of the following events is hereby defined as,and is declared <br /> to be and to constitute, an "Event of Default": <br /> (a) Any nonpayment when due of the principal of or any premium or interest on any <br /> outstanding Senior Bonds (whether due at maturity or upon redemption, declaration or <br /> otherwise);or <br /> (b) Any nonpayment when due of the principal of or any premium or interest on any <br /> Senior Indebtedness other than Senior Bonds(whether due at maturity or upon redemption, <br /> declaration or otherwise); or <br /> (c) Any failure in the due and timely performance of any of the other covenants, <br /> conditions, agreements and provisions contained in the Senior Bonds or in this Indenture, <br /> or in any indenture supplemental hereto to be performed, and such default shall have <br /> continued for a period of sixty days after written notice, specifying such default and <br /> requiring the same to be remedied,shall have been given to the Borrower by the Trustee,or <br /> if such notice is given to the Trustee and the Borrower by Holders of not less than twenty- <br /> five percent(25%) in principal amount of outstanding Senior Bonds; or <br /> (d) The occurrence and continuation of any"Event of Default"as that term is defined <br /> in the Loan Agreement or the occurrence of any acceleration of Senior Indebtedness because <br /> of a default or nonperformance or noncompliance by the Borrower under any document <br /> governing such indebtedness. <br /> Default in the due and punctual payment of any interest on or principal of any Outstanding <br /> Subordinate Bonds shall also constitute an Event of Default under this Indenture; provided,however,that <br /> the Trustee shall not be entitled to exercise any remedies upon an Event of Default with respect to the <br /> Suburdiaut..Subordinate Bonds set forth herein unless the Senior Bonds are no longer Outstanding Bonds. <br /> Section 7.02 Acceleration of Maturity. Upon the occurrence of an Event of Default,the Trustee <br /> may, and upon written request of Holders of twenty-five percent(25%) in aggregate principal amount of <br /> outstanding Senior Bonds, the Trustee shall, by notice in writing delivered to the Borrower declare the <br /> principal of all Senior Bonds hereby secured then outstanding and the interest accrued thereon immediately <br /> due and payable, and such principal and interest shall thereupon become and be immediately due and <br /> payable;subject,however,to the right of a Majority of Holders,by written notice to the Borrower and to the <br /> Trustee,to annul such declaration and destroy its effect at any time if all covenants with respect to which <br /> default shall have been made shall be fully performed or made good, and all arrears of interest upon all <br /> outstanding Senior Bonds and the reasonable expenses and charges of the Trustee, its agents and attorneys <br /> shall be paid, or the amount thereof shall be paid to the Trustee for the benefit those entitled thereto. <br /> Section 7.03 Enforcement of Covenants and Conditions. In any case of Default or breach of any <br /> of the covenants and conditions of this Indenture,or to protect the Trust Estate,the Trustee,anything herein <br /> - 49 - <br />
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