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secured hereby or any installment thereof, whether principal, <br />interest or otherwise, when and as the same become due and <br />payable, whether at maturity or by acceleration or otherwise; or <br />(b) failure of the Borrower and /or the City to observe or to <br />perform any covenant, condition or agreement to be observed or <br />performed by the Borrower and /or the City pursuant to this Deed of <br />Trust and the other Secured Obligations; (c) the occurrence of any <br />event which, under the terms of the Secured Obligations, shall <br />entitle the Lenders to exercise the rights or remedies thereunder; <br />(d) filing by the Borrower and /or the City of a petition in <br />bankruptcy, or for appointment of a creditor's receive or <br />insolvency, or for reorganization of composition, or if the <br />Borrower and /or the City makes an assignment for the benefit of <br />creditors or to a trustee for creditors, or there occurs an <br />adjudication in bankruptcy or the taking of possession of the <br />Property or any party thereof by a receiver for creditors or the <br />seizure and sale of the Property or any part therof under judicial <br />process or pursuant to any power of sale; (e) any representation <br />or warranty by the Borrower made in this Deed of Trust or in any <br />Secured Obligations is untrue or incomplete in any material <br />respect; (f) the occurrence and continuation of an event of <br />default (however defined) under any of the Secured Obligations to <br />which the Borrower and /or the City is a party; (g) Any material <br />amendment to this Deed of Trust or the Secured Obligations shall <br />have been made without the prior written consent of MBIA; (h) any <br />material provision of any Secured Obligations shall at any time <br />for any reason cease to be valid and binding on the Borrower <br />and /or the City, or shall be declared to be null and void, or the <br />validity or enforceability of any thereof shall be contested by <br />the Borrower and /or the City or any governmental agency or <br />authority (other than the Agency), or if the Borrower and /or the <br />City shall deny that it has any further liability or obligation <br />under the Secured Obligations; or (i) the Lenders shall fail to <br />have a valid and enforceable perfected security interest in or <br />lien on the Property. <br />5.8 Acceleration and Sale. <br />(a) Acceleration. In the event of any default as set <br />forth in paragraph 5.7 above the Lenders may declare all sums <br />hereby secured immediately due and payable by notice thereof to <br />the Borrower and /or the City or by executing and recording or by <br />causing the Trustee to execute and record a notice of default and <br />election to cause the Property to be sold to satisfy the <br />obligations secured hereby or by the commencement of an <br />appropriate action to foreclose this Deed of Trust or by any other <br />appropriate manner; <br />(b) Sale. After delivery to Trustee of a notice of <br />default and demand for sale and after the expiration of such time <br />and the giving of such notice of default and sale as may then be <br />CHFA 52P.RIDGE.VIEW.1ST <br />01/06/90.Q02374 -9- <br />