Common use of Owner's Right to Reinstate Clause in Contracts

Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust; (b) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (c) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to perform the obligations shall continue unimpaired and to pay all sums secured by this Deed of Trust. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement, Deed of Trust and Security Agreement

AutoNDA by SimpleDocs

Owner's Right to Reinstate. Notwithstanding the CityAuthority's acceleration declaration of the sums secured by a default under this Deed of Trust, Owner will have the right to have any proceedings begun by the City Authority to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: : (a) Owner pays City Authority all sums which would be then due under this Deed of Trust and Trust; (b) Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale and Refinancing Restriction Agreement Agreement, or this Deed of Trust; ; (bc) Owner pays all reasonable expenses incurred by City Authority and Trustee in enforcing the covenants and agreements of Owner contained in the Resale and Refinancing Restriction Agreement Agreement, or this Deed of Trust, and in enforcing the CityAuthority's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and and (cd) Owner takes such action as City Authority may reasonably require to assure that the lien of this Deed of Trust, CityAuthority's interest in the Security and Owner's obligation to perform comply with the obligations shall continue unimpaired Resale and Refinancing Restriction Agreement secured by this Deed of Trust and to pay all the sums secured by this Deed of TrustTrust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Resale and Refinancing Restriction Agreement

Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust; (b) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (c) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to perform the obligations shall continue unimpaired and to pay all the sums secured by this Deed of TrustTrust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Restriction Equity Share Agreement or this Deed of Trust; (b) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Resale Restriction Equity Share Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (c) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to perform the obligations shall continue unimpaired and to pay all the sums secured by this Deed of TrustTrust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

AutoNDA by SimpleDocs

Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and no acceleration under this Deed of Trust or the Resale Agreement has occurred; (b) Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust; ; (bc) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Resale Restriction Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and and (cd) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to perform pay the obligations shall continue unimpaired and to pay all sums secured by this Deed of TrustTrust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.

Appears in 1 contract

Samples: Affordable Housing Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!