Common use of Right to Cure the Mortgagor’s Failure to Perform Clause in Contracts

Right to Cure the Mortgagor’s Failure to Perform. During the continuance of an Event of Default, without notice to Mortgagor, should the Mortgagor fail in the payment, performance or observance of any term, covenant or condition required by this Mortgage or any other Finance Document (with respect to the Encumbered Property), the Mortgagee may pay, perform or observe the same, and all payments made or costs or expenses incurred by the Mortgagee in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate. The Mortgagee shall make the determination as to the necessity for any such actions and of the amounts to be paid. The Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or the Improvements or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without having any obligation to so perform or observe and without thereby becoming liable to the Mortgagor, to any person in possession holding under the Mortgagor or to any other person.

Right to Cure the Mortgagor’s Failure to Perform. During Prior to the continuance occurrence of an Event of Default and upon thirty (30) business days’ notice to the Mortgagor (except in the case of an emergency), or after the occurrence of an Event of Default, at any time and without notice to Mortgagornotice, should the Mortgagor fail in the payment, performance or observance of any term, covenant or condition required by this Mortgage Mortgage, the Second Amended and Restated Credit Agreement (with respect to the Encumbered Property), or any other Finance Loan Document (with respect to the Encumbered Property), the Mortgagee may pay, perform or observe the same, and all payments made or costs or expenses incurred by the Mortgagee in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Interest Rate. The Mortgagee shall make the determination as to the necessity for any such actions and of the amounts to be paid. The Subject to the notice provisions of the first sentence of this Section 4.04, the Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or the Improvements or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without having any obligation to so perform or observe and without thereby becoming liable to the Mortgagor, to any person in possession holding under the Mortgagor or to any other person.

Right to Cure the Mortgagor’s Failure to Perform. During Prior to the continuance occurrence of an Event of Default and upon thirty (30) business days’ notice to the Mortgagor (except in the case of an emergency), or after the occurrence of an Event of Default, at any time and without notice to Mortgagornotice, should the Mortgagor fail in the payment, performance or observance of any term, covenant or condition required by this Mortgage Mortgage, the Credit Agreement (with respect to the Encumbered Property), or any other Finance Loan Document (with respect to the Encumbered Property), the Mortgagee may pay, perform or observe the same, and all payments made or costs or expenses incurred by the Mortgagee in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Interest Rate. The Mortgagee shall make the determination as to the necessity for any such actions and of the amounts to be paid. The Subject to the notice provisions of the first sentence of this Section 4.04, the Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or the Improvements or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without having any obligation to so perform or observe and without thereby becoming liable to the Mortgagor, to any person in possession holding under the Mortgagor or to any other person.

Right to Cure the Mortgagor’s Failure to Perform. During the continuance of an Event of Default, without notice to Mortgagor, should the Mortgagor fail in the payment, performance or observance of any term, covenant or condition required by this Mortgage or any other Finance Document (with respect to the Encumbered Property), the Mortgagee may pay, perform or observe the same, and all payments made or costs or expenses incurred by the Mortgagee in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate. The Mortgagee shall make the determination as to the necessity for any such actions and of the amounts to be paid. The Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or the Improvements or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without having any obligation to so perform or observe and without thereby becoming liable to the Mortgagor, to any person in possession holding under the Mortgagor or to any other person.. 35

Right to Cure the Mortgagor’s Failure to Perform. During Upon the occurrence and during the continuance of an Event of Default, at any time and without notice to Mortgagornotice, should the Mortgagor fail in the payment, performance or observance of any term, covenant or condition required by this Mortgage or the Credit Agreement or any other Finance Financing Document (with respect to the Encumbered Mortgaged Property), the Mortgagee may pay, perform or observe the same, and and, subject to the limitations set forth in Section 1.03, all payments made or costs or expenses incurred by the Mortgagee in connection therewith shall be secured hereby and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Interest Rate. The Mortgagee shall make the determination as to the necessity for any such actions and of the amounts to be paid. The Subject to the notice provisions of the first sentence of this Section 2.04, to the maximum extent permitted by Requirements of Law, the Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or the Improvements or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without having any obligation to so perform or observe and without thereby becoming liable to the Mortgagor, to any person in possession holding under the Mortgagor or to any other person.