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completes construction of the Minimum Improvements. Payment of the lien amount <br />shall be suspended during any time in which the Developer is making substantial <br />progress on construction of the Minimum Improvements. If the Developer fails to make <br />substantial progress on the Minimum Improvements for a 90-day period following <br />initiation of work, the lien amount may become immediately due and payable in full. <br />Notwithstanding any other provision herein to the contrary, the lien amount may, at the <br />City's option become immediately due and payable in full if the Minimum Improvements <br />are not substantially completed by December 31, 2007, subject to Unavoidable Delays as <br />defined in the Agreement. <br />4. The Lien shall automatically become null and void upon issuance by the City of a <br />Certificate of Completion for the Minimum Improvements. <br />5. This agreement shall run with the Development Property and shall insure to the benefit <br />of, and be binding upon, the parities hereto and their respective heirs, executors, <br />representatives, successors and assigns. <br />6. In the event that the Developer or any of its successors or assigns fails or refuses to make <br />the repayment required by this agreement, within the time established. the City may, with <br />or without notice, foreclose said lien in the same manner as is provided by statute for <br />action for the foreclosure of mortgages upon real property. <br />7. This agreement shall be subordinate to any first mortgage granted by the Developer to <br />finance the construction of the Minimum Improvements. The City will execute any <br />agreements reasonably requested by the Developer and/or Holders of any first mortgage <br />to evidence such subordination. <br />8. Capitalized terms not otherwise defined herein have the meanings given them in the <br />Agreement. <br />CITY OF RAMSEY, MINNESOTA <br />BY"..t�. <br />Its: Mayor <br />Its: m City Admiiistrator <br />O'CULLINAN PROPERTIES, LLC <br />By: <br />Its: Chief Manager <br />39 <br />