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(3) Cure the breach or default in any reasonable time that may be <br />required when something other than money is required to cure the breach or default and <br />cannot be performed within ten (10) days after expiration of the time period granted to <br />the Lessee under this Lease for curing a default, provided that acts to cure the breach or <br />default are commenced within said time period after service of notice of default on <br />Lender by Lessor and are thereafter diligently continued by Lender. <br /> <br /> If and so long as the Lender is prevented by any proceeding or injunction issued <br />by any court, or by reason of any action by any court having jurisdiction of any <br />bankruptcy or insolvency proceeding involving Lessee from commencing or prosecuting <br />foreclosure or other appropriate proceedings in the nature thereof, the Lender shall not be <br />deemed for such reason to have failed to commence such proceedings or to have failed to <br />diligently prosecute such proceedings. The Lender' s periods of time in which to act in <br />order to cure any default, except for payment of rents due hereunder, or abandonment or <br />breach by Lessee shall be extended by any period during which the Lessee by legal <br />proceedings, including appeal and motion for a new trial, contests Lessor's default under <br />said Lease or otherwise seeks to detemfine the rights and duties of Lessor and Lessee <br />under this Lease. Further, so long as the period of time afforded Lender to cure a default <br />of Lessee remains in effect, Lessor shall not reenter the Leased Premises, give any notice <br />terminating the Lease, bring a proceeding to dispossess Lessee or any subtenant, or <br />otherwise exercise any other rights or remedies under this Lease. <br /> <br /> f. Foreclosure in Lieu of Curing Default. <br /> <br /> Notwithstanding any other provision of this Lease, a Lender under a <br />Leasehold Encumbrance may forestall termination of this Lease by Lessor for a default <br />under or breach of this Lease by Lessee by commencing proceedings to foreclose the <br />Leasehold Encumbrance. The proceedings so commenced may be for foreclosure of the <br />Leasehold Encumbrance by order of court or for foreclosure of the Leasehold <br />Encumbrance under a power of sale contained therein. The proceedings shall not, <br />however, forestall termination of this Lease by Lessor for the default or breach by Lessee <br />unless: <br /> <br />17996.00003XBGLIB 1 \1085097.9 13 <br /> <br /> <br />