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Res91 11487
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Res91 11487
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Last modified
10/13/2005 9:44:43 AM
Creation date
8/3/2005 3:24:09 PM
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CC Index
CC Index - Document Type
Resolution
Date
2/25/1991
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<br />(d) <br /> <br />(iii) <br /> <br />,H.D : ::',G 1 Û :2 / 1 3 / 9 1 <br /> <br />(004/45) <br /> <br />Lessor agrees that it will not terminate this Lease <br />because of any default or hereunder on the part of <br />Lessee if the lender or the trustee under such Deed of <br />Trust, within sixty (60) days after service of written <br />notice on said lender by Lessor of its intention to <br />terminate this Lease for such default or breach, shall: <br /> <br />(i) <br /> <br />Cure such default or breach if the same can be cured by <br />the payment or expenditure of money provided to be paid <br />under the terms of this Lease, or if such default or <br />breach is not curable, cause the trustee under the <br />Trust Deed to commence and thereafter to diligently <br />pursue to completion steps and proceedings for the <br />foreclosure by sale, or by and proceedings for the <br />foreclosure by sale, or by exercise of a power of sale <br />pursuant to the Trust Deed in the manner provided by <br />law; and <br /> <br />(ii) Keep and perform all of the terms and conditions of <br />this Lease requiring the payment or expenditure of <br />money by Lessee until such time as said leasehold shall <br />be sold upon foreclosure, or by exercise of a power of <br />sale, pursuant to the Trust Deed or shall be released <br />or reconveyed thereunder; provided, however, that if <br />the beneficiary under such Trust Deed shall fail or <br />refuse to comply with any and all of the conditions of <br />this paragraph with respect to a breach or default as <br />to which notice of intention to terminate this Lease <br />has been given to the lender, then and thereupon Lessor <br />shall be released from the covenants of forbearance <br />herein contained with respect to 'such breach or <br />default. <br /> <br />Any notice to the lender provided for in this paragraph <br />may be given concurrently with or after Lessor's notice <br />of default to Lessee as hereinafter provided in <br />Paragraph 21. <br /> <br />If and so long as the lender is prevented by any <br />proceeding or injunction issued by any court, or by <br />reason of any action by any court having jurisdiction <br />of any bankruptcy or insolvency proceeding involving <br />Lessee from commencing or prosecuting foreclosure or <br />other appropriate proceedings in the nature thereof, <br />the lender shall not be deemed for such reason to have <br />failed to commenced such proceedings or to have failed <br />to diligently prosecute such proceedings. The lender's <br />periods of time in which to act in order to cure any <br />default, except for payment of rents due hereunder, or <br />abandonment or breach by Lessee shall be extended by <br />any period which the Lessee by legal proceedings, <br />including appeal and motion for a new trial, contests <br /> <br />9 <br /> <br />If <br />
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