Laserfiche WebLink
Exhibit D <br />ATTY/AGR/2025/AMEND NO.2 – YMCA MASTER PROJECT AGREEMENT <br />REV: 07-17-25 VR <br />(b)Notwithstanding any default by Tenant in the performance or observance of <br />any agreement, covenant or condition of this Lease on the part of Tenant to be performed or observed, <br />Landlord shall have no right to terminate this Lease or interfere with the occupancy, use, and <br />enjoyment of the YMCA Site unless (i) an event of default shall have occurred and is continuing, (ii) <br />Landlord shall have given any Lender written notice of such event of default, and (iii) the Lender(s) <br />shall have failed to remedy such default, acquire Tenant’s leasehold estate created hereby, or <br />commence foreclosure or other appropriate proceedings, all as set forth in, and within the time <br />specified by, this Section 18 (Protection of Lender). <br />(c)Any Lender shall have the right, but not the obligation, at any time prior to <br />termination of this Lease and without payment of any penalty, to pay all of the rents due hereunder, <br />to effect any insurance, to pay any taxes and assessments, to make any repairs and improvements, to <br />do any other act or thing required of Tenant hereunder, and to do any act or thing which may be <br />necessary and proper to be done in the performance and observance of the agreements, covenants <br />and conditions hereof to prevent termination of this Lease. All payments so made and all things so <br />done and performed by a Lender shall be as effective to prevent a termination of this Lease as the <br />same would have been if made, done and performed by Tenant instead of by a Lender. <br />(d)Should any event of default under this Lease occur, any Lender shall have <br />Sixty (60) days after receipt of written notice from Landlord setting forth the nature of such event of <br />default, within which to remedy the default; provided that in the case of a default which cannot with <br />due diligence be cured within such Sixty (60) day period, the Lender(s) shall have the additional time <br />reasonably necessary to accomplish the cure, provided that (i) such Lender has commenced the curing <br />within such Sixty (60) days and (ii) thereafter diligently prosecutes the cure to completion. If the <br />default is such that possession of the YMCA Site may be reasonably necessary to remedy the default, <br />the Lender(s) shall have a reasonable additional time after the expiration of such sixty-day period, <br />within which to remedy such default, provided that (i) the Lender(s) shall have fully cured any default <br />in the payment of any monetary obligations of Tenant under this Lease within such Sixty (60) day <br />period and shall continue to pay currently such monetary obligations as and when the same are due, <br />and (ii) the Lender(s) shall have acquired Tenant’s leasehold estate or commenced foreclosure or <br />other appropriate proceedings seeking such acquisition within such period, or prior thereto, and is <br />diligently prosecuting any such proceedings. <br />(e)Any event of default under this Lease which is not susceptible to remedy by a <br />Lender shall be deemed to be remedied if (i) within Sixty (60) days after receiving written notice <br />from Landlord setting forth the nature of such event of default, or prior thereto, a Lender shall have <br />acquired Tenant’s leasehold estate created hereby or shall have commenced foreclosure or other <br />appropriate proceedings seeking such acquisition, (ii) a Lender shall diligently prosecute any such <br />proceedings to completion, and (iii) a Lender shall have fully cured any default in the payment and <br />performance of any monetary or other obligations of Tenant hereunder which do not require <br />possession of the YMCA Site within such Sixty (60) day period and shall thereafter continue <br />faithfully to perform all such monetary obligations which do not require possession of the YMCA <br />Page 11 of 50