Common use of Late Charge Clause in Contracts

Late Charge. If any amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.

Late Charge. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is of which will be extremely difficult to ascertain. Such costs include, but are not received by Lender when such amount is due (unless applicable law requires a longer period of time before a limited to, processing and accounting charges, and late charge charges which may be imposedimposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and as Additional Rent (as defined in Paragraph 4.3 below), without demand by Lenderthe necessity of prior notice or demand, a late charge equal to five percent (5.05%) of any installment of Rent which is not received by Landlord within ten (10) days after the due date for such amount (unless applicable law requires a lesser amount be chargedinstallment. The preceding to the contrary notwithstanding, in which event such lesser amount shall be substituted). Notwithstanding the foregoingLandlord agrees that, with regard respect to each regularly scheduled monthly installment the first late payment of interest payable pursuant Rent by Tenant in any twelve month period, Tenant shall not be obligated to this Notepay a late charge on such delinquent Rent unless Tenant fails or refuses to pay such Rent within five (5) business days following receipt of written notice to Tenant. Except with respect to the first delinquency in the payment of Rent in a twelve month period, Landlord shall not be obligated to give Tenant notice of delinquent Rent prior to imposing a late charge on such delinquent Rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. In no event shall not become due and payable this provision for a late charge be deemed to Lender so long as grant to Tenant a grace period or extension of time within which to pay any installment of Rent or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant's failure to pay such installment of Rent when due, including without limitation the Borrower makes such payment on or prior right to terminate this Lease. In the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day event any installment of Rent is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of received by Landlord by the unpaid principal balance of this Notethirtieth (30th) day after the due date for such installment, such installment shall bear interest at the annual rate or rates specified set forth in this NoteParagraph 35 below, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing commencing on the Closing Date, of thirty-first (31st) day after the additional expenses Lender will incur by reason of due date for such late payment, installment and continuing until such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge installment is payable paid in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityfull.

Late Charge. If Subtenant (i) fails to pay any amount payable under this Note or under installment of Base Rental, Subtenant’s Share of the Security Instrument Operating Expenses Adjustment, or any other Borrower Loan Document is not received by Lender when such amount is due recurring charges (unless applicable law requires a longer period of time before a late charge may be imposedcollectively, in which event, such longer period shall be substituted“Recurring Charges”), Borrower within five (5) days after receipt of written notice from Sublandlord that the same is due, or (ii) fails to pay any other amount for which Subtenant is obligated under this Sublease within ten (10) days after receipt of Sublandlord’s invoice, then, Subtenant shall pay to Lender, immediately and without demand by Lender, a Sublandlord an additional late charge equal to five percent (5.05%) of the total amount payable; provided, however, that if Subtenant fails twice in any calendar year to pay any Recurring Charge on the date the same is due, no such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount prior written notice shall be substituted). Notwithstanding necessary and the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall automatically and without notice apply to each successive Recurring Charge not become due and payable to Lender so long as the Borrower makes such payment paid on or prior to the tenth (10th) calendar day following the date upon which due during such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)year. Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower Subtenant acknowledges that its failure to make timely late payments will cause Lender Sublandlord to incur additional expenses in servicing and processing costs not contemplated by this Sublease, the Loan, and that it is exact amount of which costs are extremely difficult and impractical impracticable to determine those additional expensescalculate. Xxxxxxxx agrees The parties agree that the late charge payable pursuant to this Section described above represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender will incur extra costs incurred by reason Sublandlord as a result of such late payment, and such . Such late charge shall not be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant consent by Sublandlord to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted payment, nor a waiver of Sublandlord’s right to Lender and shall instead be paid directly to Servicerinsist upon timely payments at any time, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as nor a waiver of any other rights that remedies to which Sublandlord is entitled hereunder. In addition, all amounts payable by Subtenant to Sublandlord hereunder, exclusive of the Servicer or late charge described above, if not paid when due, shall bear interest from the Lender may have due date until paid at the Interest Rate (as provided herein, defined in the other Borrower Loan Documents, or at law or in equityMaster Lease).

Late Charge. If Tenant recognizes that late payment of any amount payable under this Note or under Rent will result in administrative and other expense to Landlord. Therefore, other remedies for nonpayment of Rent notwithstanding, (i) in the Security Instrument or event any other Borrower Loan Document installment of Basic Rent is not received by Lender when Landlord on or before the fifth (5th) day following the Rent Payment Date, and such amount shall remain unpaid for more than five (5) days after Tenant’s receipt of written notice that such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedpast due, in which event, such longer period shall be substituted), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to two and one half (2½%) percent of the past due installment of Basic Rent, and (ii) in the event any payment of Additional Rent is not received by Landlord within five (5) days after Tenant’s receipt of written notice that such amount is past due, then Tenant shall pay to Landlord an additional charge in an amount equal to the lesser of Two Thousand Five Hundred Dollars ($2,500.00) or one percent (5.01%) of such amount (unless applicable law requires the overdue amount. Any notice of overdue payment for which Tenant shall be subject to a lesser amount be chargedlate charge shall state, in which event all capital letters (or other prominent display), that Tenant’s failure to remit payment by the appointed date shall result in the imposition of a late charge. Landlord may not send any such lesser amount notice of overdue payment to Tenant prior to the fifth (5th) day following the date such payment is due, and if any such premature notice is sent, it shall be substituted)deemed to have been sent on the fifth (5th) day following the date such payment was due. Notwithstanding the foregoing, with regard Tenant shall not be obligated to each regularly scheduled monthly installment pay a late charge on installments of interest payable pursuant Rent to this Notethe extent that Tenant’s payment is deficient by an amount that is less than or equal to one percent (1%) of the total amount due; provided that Tenant shall remit the amount of the deficiency promptly upon and, in any extent, within five (5) Business Days following Tenant’s receipt of written notice from Landlord that the same is past due. All additional charges described herein are not intended as a penalty, but are intended to liquidate the damages so occasioned to Landlord and to reimburse Landlord for Landlord’s additional costs in processing such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon payment, which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges amounts shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityRent then due.

Late Charge. If Sub-Subtenant (i) fails to pay any amount payable under this Note or under the Security Instrument installment of Base Rental, or any other Borrower Loan Document is not received by Lender when such amount is due recurring charges (unless applicable law requires a longer period of time before a late charge may be imposedcollectively, in which event, such longer period shall be substituted“Recurring Charges”), Borrower within five (5) days after receipt of written notice from Sub-Sublandlord that the same is due, or (ii) fails to pay any other amount for which Sub-Subtenant is obligated under this Sub-Sublease within ten (10) days after receipt of Sub-Sublandlord’s invoice, then, Sub-Subtenant shall pay to Lender, immediately and without demand by Lender, a Sub-Sublandlord an additional late charge equal to five percent (5.05%) of the total amount payable; provided, however, that if Sub-Subtenant fails twice in any calendar year to pay any Recurring Charge on the date the same is due, no such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount prior written notice shall be substituted). Notwithstanding necessary and the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall automatically and without notice apply to each successive Recurring Charge not become due and payable to Lender so long as the Borrower makes such payment paid on or prior to the tenth (10th) calendar day following the date upon which due during such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)year. Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower Sub-Subtenant acknowledges that its failure to make timely late payments will cause Lender Sub-Sublandlord to incur additional expenses in servicing and processing costs not contemplated by this Sub-Sublease, the Loan, and that it is exact amount of which costs are extremely difficult and impractical impracticable to determine those additional expensescalculate. Xxxxxxxx agrees The parties agree that the late charge payable pursuant to this Section described above represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender will incur extra costs incurred by reason Sub-Sublandlord as a result of such late payment, and such . Such late charge shall not be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant consent by Sub-Sublandlord to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted payment, nor a waiver of Sub-Sublandlord’s right to Lender and shall instead be paid directly to Servicerinsist upon timely payments at any time, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as nor a waiver of any other rights that remedies to which Sub-Sublandlord is entitled hereunder. In addition, all amounts payable by Sub-Subtenant to Sub-Sublandlord hereunder, exclusive of the Servicer or late charge described above, if not paid when due, shall bear interest from the Lender may have due date until paid at the Interest Rate (as provided herein, defined in the other Borrower Loan Documents, or at law or in equityMaster Lease).

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Monthly Rent or any other Borrower Loan Document sum due from Tenant is not received by Lender when such amount Landlord or Landlord’s designee within ten (10) days after it is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The Parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys’ fees and costs. If any Base Monthly Rent or other sum due from Tenant remains delinquent for a period in excess of thirty (unless applicable law requires a lesser amount be charged30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate (defined in Section 14.B) from the date such amount became due until paid. Acceptance by Landlord of such late charge or interest shall not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent, property management fees and Tenant’s Allocable Share of Reimbursable Operating Costs (defined in Section 9.D) shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the contrary. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which event such lesser to pay any amount shall be substituted)due under this Lease. Notwithstanding the foregoing, with regard Tenant shall be entitled to one (1) written notice and five (5) day cure period each regularly scheduled monthly installment of interest payable pursuant to this Note, such calendar year before the first late charge for such calendar year shall not become due and payable to Lender so long as the Borrower makes such payment on accrue. No notice or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges additional cure period shall be added to and become part of required or apply for the unpaid principal balance of this Note, shall bear interest at the rate second or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the any subsequent late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on during the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitycalendar year.

Late Charge. If any amount payable under this Note or under the Security Instrument or Notwithstanding any other Borrower Loan Document provision of this Lease, Lessee hereby acknowledges that late payment to Lessor of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If Lessee fails to pay any Rent owed to Lessor within five (5) days after the date any such payment is not received by Lender when required to be made hereunder and fails to cure such amount is due default within two (unless applicable law requires a longer period 2) days after receipt of time before a notice from Lessor (it being agreed that the requirement for receipt of any such notice from Lessor shall apply only to imposition of the late charge provided for in this Section 4.5, and shall not be construed to require Lessor to deliver any notice to Lessee in order for an Event of Default to occur, except solely as may be imposed, expressly provided in which event, such longer period shall be substitutedSection 14.1), Borrower then Lessee shall pay to Lender, immediately and without demand by Lender, Lessor a late charge equal to five percent (5.05%) of such amount (unless applicable law requires overdue amount, plus all reasonable attorneys’ fees and costs incurred by Lessor by reason of Lessee’s failure to pay such Rent when due hereunder. Lessor and Lessee hereby agree that such late charge represents a lesser amount fair and reasonable estimate of the costs that Lessor will incur by reason of Lessee’s late payment and shall not be charged, in which event such lesser amount shall be substituted)construed as a penalty. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment Lessor’s acceptance of interest payable pursuant to this Note, any such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Lessee’s default with respect to such overdue amount or preclude Lessor from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease on account of such default. INITIALS: Lessor Lessee

Late Charge. If all or any portion of any payment or deposit required hereunder (other than the payment due on the Maturity Date) is not paid or deposited on or before the fourth day following the day on which such payment or deposit is due, Borrower shall pay a late or collection charge, as liquidated damages, equal to 5% of the amount of such unpaid payment or deposit. If all or any portion of the payment due on the Maturity Date is paid after the Maturity Date and on a date other than the first day of a month, Borrower shall pay a late or collection charge, as liquidated damages, equal to the interest which would have accrued on such amount during the period commencing on the date payment of such amount is actually made and ending on the last day of the month in which payment of such amount is actually made. Borrower acknowledges that Xxxxxx will incur additional expenses as a result of any late payments or deposits hereunder, which expenses would be impracticable to quantify, and that Xxxxxxxx's payments under this Section ERROR! REFERENCE SOURCE NOT FOUND. are a reasonable estimate of such expenses. Default Rate. Commencing upon a Default and continuing until such Default shall have been cured by Borrower, all sums owing on this Note shall bear interest until paid in full at an annual rate equal to 5% plus the Interest Rate, but not higher than the maximum rate of interest permitted by applicable law ("Default Rate"). MAXIMUM RATE PERMITTED BY LAW. Neither this Note nor any of the other Loan Documents shall require the payment or permit the collection of any interest or any late payment charge in excess of the maximum rate permitted by law. If any amount payable such excess interest or late payment charge is provided for under this Note or under any of the Security Instrument other Loan Documents or if this Note or any of the other Borrower Loan Document is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period Documents shall be substituted)adjudicated to provide for such excess, neither Borrower nor Borrower's successors or assigns shall be obligated to pay such excess, and the right to demand the payment of any such excess shall be and hereby is waived, and this provision shall control any other provision of this Note or any of the other Loan Documents. If Lender shall collect amounts which are deemed to constitute interest and which would increase the effective interest rate to a rate in excess of the maximum rate permitted by law, all such amounts deemed to constitute interest in excess of the maximum legal rate shall, upon such determination, at the option of Lender, immediately and without demand by Lender, a late charge equal be returned to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding Borrower or credited against the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid outstanding principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.

Late Charge. If Xxxxxxxx recognizes that Default in making the installment monthly payments when due hereunder will result in Lender incurring additional expense in servicing the Loan, in loss to Lender of the use of the money due and in frustration to Xxxxxx in meeting its loan commitments.. Xxxxxxxx agrees that if, for any amount payable under this Note or under the Security Instrument or reason, any other Borrower Loan Document is monthly installment of interest shall not be received by Lender when such amount is within ten (10) days of its due (unless applicable law requires a longer period of time before date, Lender shall be entitled to damages for the detriment caused thereby. Xxxxxxxx therefore agrees to pay Lender a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five of ten percent (5.010%) of such installment, but not including the final payment, or the maximum amount (unless applicable law requires a lesser amount be chargedallowed by law, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Notewhichever is less, such late charge shall not become to be immediately due and payable without notice or demand by Xxxxxx. Borrower will pay this late charge only once for each late installment payment, but not including the final payment. This Section and the amounts for which it provides shall not limit Lender's right, under this Note, the Deed of Trust, or otherwise, to Lender so long as the Borrower makes compel prompt performance thereunder. Xxxxxx's failure to collect such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added not constitute a waiver of Lender's right to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason require payment of such late payment, and such charges for past or future Defaults. Any late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, to all other rights and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted remedies available to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with upon the terms of the applicable servicing agreement. Any action regarding the collection occurrence of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that default under the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents. BORROWER ACKNOWLEDGES AND AGREES THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO FIX THE ACTUAL DAMAGES RESULTING FROM XXXXXXXX'S FAILURE TO PAY AMOUNTS WHEN DUE AND THEREFORE, or at law or in equitySHALL PAY SUCH LATE CHARGES NOT AS A PENALTY, BUT FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCIDENT TO SERVICING THE LOAN AND HANDLING AMOUNTS PAST DUE. FURTHER, XXXXXXXX AGREES THAT THE LATE CHARGES SET FORTH HEREIN ARE A REASONABLE ESTIMATE OF THE DAMAGES TO LENDER. THE LATE CHARGES SHALL BE PAYABLE BY BORROWER WITHOUT PREJUDICE TO THE RIGHTS OF LENDER TO COLLECT ANY OTHER AMOUNTS TO BE PAID UNDER THIS NOTE OR THE DEED OF TRUST.

Late Charge. If Tenant shall fail to pay any amount payable required under this Note 4 Lease when due to Landlord or under the Security Instrument or if any other Borrower Loan Document is not received by Lender when such amount is found to be due as the result of an audit, then, in 5 such event, Landlord may impose (unless applicable law requires a longer period of time before by Notice) a late charge may be imposedwith respect to each such unpaid amount, in which event6 during the period such amount remains unpaid, equal to interest on such longer period unpaid amount at the rate of 7 nineteen percent (19.0%) per year, compounded monthly. Each late charge shall be substituted), Borrower shall pay to Lender, immediately and without payable within 8 ten (10) days after demand made at any time therefor by Lender, a Landlord. No acceptance by Landlord of 9 payment of any unpaid amount or of any unpaid late charge equal to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)deemed a waiver of the 10 right of Landlord to payment of any late charge or late charges payable under the provisions of this 11 Section with respect to such unpaid amount. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such Each late charge shall not become due be recoverable by Landlord in the 12 same manner and payable to Lender so long with like remedies as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not it were originally a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at Fixed Rent or additional rent. 13 In the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges event that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the any late charge payable imposed pursuant to this Section represents shall exceed a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of legal maximum 14 applicable to such late paymentcharge, and then, in such event, each such late charge payable under the provisions 15 of this Section shall be deemed liquidated damages payable instead at such legal maximum. In the event that upon conducting an 16 examination and not additional interest or audit as described in this Article Landlord determines that unpaid amounts are due to 17 Landlord by Tenant, Tenant shall be obligated, and hereby agrees, to pay to Landlord a penaltyservice charge 18 in the amount of five (5%) percent of each amount determined by an audit to be unpaid. The late Each such 19 service charge is shall be payable immediately upon demand (by Notice) made at any time therefor by 20 Landlord. Such service charge shall be exclusive of, and in addition to, any and not in lieu of, all other moneys or 21 amounts due to Landlord by Tenant under this Lease or otherwise. No acceptance by Landlord of 22 payment of any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in unpaid amount or of any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late unpaid service charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as deemed a waiver of the right 23 of Landlord to payment of any service charge or other rights that service charges payable under the Servicer or the Lender may have as provided herein, provisions of 24 this Section with respect to such unpaid amount. Each such service charge shall be recoverable by 25 Landlord in the other Borrower Loan Documentssame manner and with like remedies as if it were originally a part of the Fixed Rent 26 or additional rent. Nothing in this Section is intended to, or at law shall be deemed to, affect, alter, modify 27 or diminish in equityany way (i) any rights of Landlord under this Lease, including Landlord's rights set 28 forth in Article 20 of this Lease or (ii) any obligations of Tenant under this Lease.

Late Charge. If At the option of Administrative Agent, Borrower will pay Lenders, on demand (i) a “late charge” equal to [***]% of the amount of any amount payable under installment on this Note or when such installment is not paid within 3 Business Days following the date such installment is due and (ii) a processing fee in the amount of $0 for each check which is provided to Administrative Agent by Borrower in payment for an obligation owing to Lenders under the Security Instrument or any other Borrower Loan Document but is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedreturned or dishonored for any reason, in order to cover the additional expenses involved in handling delinquent and returned or dishonored payments. Change . . If Lenders determine that the amount of capital required or expected to be maintained in respect of the Obligations by Xxxxxxx is increased as a result of a Change (except a Change regard to Indemnified Taxes, which event, such longer period shall be substitutedis governed solely by Section 3.3 of the Credit Agreement), then Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal Administrative Agent the amount necessary to five percent (5.0%) compensate Lenders for any shortfall in the rate of return on the portion of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant increased capital that Administrative Agent determines is attributable to this Note, such late charge Note or the principal amount outstanding hereunder; provided that Borrower shall not become due and payable be required to Lender so long as the Borrower makes compensate Lenders for any such payment on or shortfall incurred during any fiscal quarter ended more than 90 days’ prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Daythat Administrative Agent makes its request for additional amounts pursuant to Section 2.10(b). Any accrued but unpaid late charges In the event that Administrative Agent becomes aware that any amounts are or will be owed to Lenders pursuant to Section 2.10(a), then it shall promptly notify Borrower thereof and, as soon as possible thereafter, Administrative Agent shall submit to Borrower a certificate indicating the amount owing to Lenders and the calculation therefor. The amounts set forth in such certificate shall be added to and become deemed a part of the unpaid principal balance Obligations of this NoteBorrower hereunder; provided, shall bear interest at the rate or rates specified in this Notehowever, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant failure of Borrower to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, pay any interest payable at the Default Rate amount owing to Lenders pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder 2.10(a) shall not be remitted deemed to Lender and shall instead be paid directly constitute a Default or an Event of Default hereunder to Servicer, who shall apply the extent that Borrower is contesting in good faith its obligation to pay such late charges in accordance amount by ongoing discussions diligently pursued with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer Administrative Agent or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityby appropriate proceedings.

Late Charge. If MONTHLY PAYMENTS UNDER THIS NOTE ARE DUE ON THE FIRST DAY OF EACH AND EVERY MONTH UNTIL THIS NOTE IS PAID IN FULL. BORROWER HEREBY AGREES THAT SUCH PAYMENTS SHALL BE MADE TO THE LENDER ON THE SERVICING PAYMENT DATE. THERE IS NO “GRACE” PERIOD FOR ANY MONTHLY INSTALLMENTS DUE HEREUNDER. Subject to the provisions of Section 9.01(b) of the Master Agreement, if any monthly installment due hereunder is not received by Lender on or before the first day of each month or if any other amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when before or on the date such amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, counting from and including the date such longer period shall be substituted)amount is due, Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five percent (5.05%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Noteor other amount due (provided that in connection with the payment in full on the Maturity Date, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which if such payment is due not received by Lender on or before the fifth (5th) day after the Maturity Date, counting from and including the Maturity Date, Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to one percent (1%) of such payment or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Dayother amount due). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, Loan and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx Borrower agrees that the late charge payable pursuant to this Section Paragraph represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Datedate of this Note, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender Landlord or by Landlord's designated agent when due, and if Tenant does not cure such amount is failure within five (5) days after the due date (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe "GRACE PERIOD"), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount (unless applicable law requires the "LATE CHARGE"), plus any costs and reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall have the right to pay Rent during the Grace Period only five (5) times during the Term and, after Tenant has paid Rent during the Grace Period an aggregate of five (5) times, Tenant shall pay to Landlord a lesser amount be charged, in which event such lesser amount shall be substituted)Late Charge on any Rent or other sums due hereunder that are not received by Landlord or Landlord's designated agent when due. Notwithstanding the foregoing, if Tenant establishes and maintains throughout the Term a direct payment or debit arrangement with regard to each regularly scheduled monthly installment of interest payable a bank or financial institution pursuant to this Notewhich the Rent due hereunder is automatically paid to Landlord by electronic transfer on the first day of each month, and if Tenant provides Landlord with evidence of such arrangement, then Landlord shall provide Tenant with notice of any late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or of Rent prior to the tenth (10th) calendar day following the date upon which imposition of a Late Charge. Landlord and Tenant hereby agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents Late Charge represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender cost that Landlord will incur by reason of such Tenant's late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord's acceptance of such Late Charge shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityand remedies granted under this Lease.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Monthly Rent or any other Borrower Loan Document sum due from Tenant is not received by Lender when such amount Landlord or Landlord’s designee within five (5) days after it is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any Base Monthly Rent or other sum due from Tenant remains delinquent for a period in excess of thirty (unless applicable law requires a lesser amount be charged30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate (defined in -10- Section 14.B) from the date such amount became due until paid. Acceptance by Landlord of such late charge or interest shall not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent, property management fees and Reimbursable Operating Costs shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the contrary, until Tenant has thereafter timely paid, on before the due date, Base Monthly Rent, Reimbursable Operating Costs and property management fees for a twelve (12) consecutive full calendar month period, at which time Base Monthly Rent, Reimbursable Operating Costs and property management fees shall revert back to being payable monthly (subject however to reverting to quarterly payment if thereafter a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent). In no event such lesser shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any amount shall be substituted)due under this Lease. Notwithstanding the foregoing, with regard Tenant shall be entitled to one (1) written notice and five (5) day cure period each regularly scheduled monthly installment of interest payable pursuant to this Note, such calendar year before the first late charge for such calendar year shall not become due and payable to Lender so long as the Borrower makes such payment on accrue. No notice or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges additional cure period shall be added to and become part of required or apply for the unpaid principal balance of this Note, shall bear interest at the rate second or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the any subsequent late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on during the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitycalendar year.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent and Additional Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Rent or any Additional Rent or other Borrower Loan Document is sum due from Tenant shall not be received by Lender when such amount is due Landlord or its designee by the fifth (unless applicable law requires a longer period 5th) of time before a late charge may be imposedeach month, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent Twenty-Five Dollars (5.0%$25.00) in addition to such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The Parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. If any rent remains delinquent for a period in excess of thirty (30) days, then in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Paragraph 46 following the date such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)became due until paid. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment Acceptance by Landlord of interest payable pursuant to this Note, such late charge shall not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then the Base Rent and Additional Rent shall automatically become due and payable to Lender so long as the Borrower makes such payment on or prior quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitycontrary.

Late Charge. If any amount payable under this Note or under the Security Instrument or Notwithstanding any other Borrower Loan Document provision of this Lease, Lessee hereby acknowledges that late payment to Lessor of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If Lessee fails to pay any Rent owed to Lessor within five (5) days after the date any such payment is not received by Lender when required to be made hereunder and, except as hereafter provided with respect to late payments of monthly installments of Annual Base Rent, fails to cure such amount is due default within two (unless applicable law requires a longer period 2) days after receipt of time before a late charge notice (which notice may be imposedtelephone) from Lessor, in which event, such longer period shall be substituted), Borrower then Lessee shall pay to Lender, immediately and without demand by Lender, Lessor a late EXHIBIT 10.27 *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. charge equal to five [*] percent (5.0[*]%) of such amount (unless applicable law requires a lesser amount be chargedoverdue amount, in which event plus any costs and === === attorneys' fees incurred by Lessor by reason of Lessee's failure to pay such lesser amount shall be substituted)Rent when due hereunder. Notwithstanding the foregoing, with regard respect to late payments of monthly installments of Annual Base Rent, Lessee shall only be entitled to receive notice (which notice may be telephonic) two times during each regularly scheduled twenty-four (24) month period under this Lease and, thereafter, Lessee shall owe a late charge to Lessor if any monthly installment of interest payable pursuant to this Note, Annual Base Rent is not paid within five (5) days after the date such installment is due. Lessor and Lessee hereby agree that such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs that Lessor will incur by reason of such Lessee's late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply Lessor's acceptance of such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Lessee's default with respect to such overdue amount or estop Lessor from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease. Initials: ------------- ------------ Lessor Lessee

Late Charge. If any amount payable under this Note or under the Security Instrument or Notwithstanding any other Borrower Loan Document provision of this Lease, Lessee hereby acknowledges that late payment to Lessor of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If Lessee fails to pay any Rent owed to Lessor within five (5) days after the date any such payment is not received by Lender when required to be made hereunder and, except as hereafter provided with respect to late payments of monthly installments of Annual Base Rent, fails to cure such amount is due default within two (unless applicable law requires a longer period 2) days after receipt of time before a late charge notice (which notice may be imposedtelephone) from Lessor, in which event, such longer period shall be substituted), Borrower then Lessee shall pay to Lender, immediately and without demand by Lender, Lessor a late EXHIBIT 10.27 charge equal to five percent (5.05%) of such amount (unless applicable law requires a lesser amount be chargedoverdue amount, in which event plus any costs and attorneys' fees incurred by Lessor by reason of Lessee's failure to pay such lesser amount shall be substituted)Rent when due hereunder. Notwithstanding the foregoing, with regard respect to late payments of monthly installments of Annual Base Rent, Lessee shall only be entitled to receive notice (which notice may be telephonic) two times during each regularly scheduled twenty-four (24) month period under this Lease and, thereafter, Lessee shall owe a late charge to Lessor if any monthly installment of interest payable pursuant to this Note, Annual Base Rent is not paid within five (5) days after the date such installment is due. Lessor and Lessee hereby agree that such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs that Lessor will incur by reason of such Lessee's late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply Lessor's acceptance of such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Lessee's default with respect to such overdue amount or estop Lessor from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease. Initials: ------------- ------------ Lessor Lessee

Late Charge. If any amount payable Tenant fails to pay when due rental or other amounts due Landlord hereunder, such unpaid amounts shall bear interest for the benefit of Landlord at a rate equal to the lesser of the legal rate of interest under this Note or under the Security Instrument California Civil Code Section 3289, (or any other Borrower Loan Document is not received legal rate of interest which replaces the rate specified in Section 3289) per annum or the maximum rate permitted by Lender when law, from the date due to the date of payment. In addition to such amount is due (unless applicable law requires a longer period of time before interest Tenant shall pay to Landlord a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge an amount equal to five percent (5.05%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly any installment of interest payable pursuant minimum rental and any 10 other amounts due Landlord if not paid in full on or before the fifth (5th) day after such rental or other amount is due; provided, however, on the first occasion in each calendar year of which Tenant fails to this Notepay such rental or other amount on or before the fifth day after it is due, such the late charge shall not become apply if Tenant pays the delinquent amount within five days after receiving written notice from Landlord that the amount is past due. Tenant acknowledges that late payment by Tenant to Landlord of rental or other amounts due hereunder will cause Landlord to incur costs not contemplated by this case, including, without limitation, processing and payable to Lender so long as accounting charges and late charges which may be imposed on Landlord by the Borrower makes such payment on or prior terms of any loan relating to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)Premises. Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower Tenant further acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees fix the exact amount of such costs and that the late charge payable pursuant to set forth in this Section 3.2 represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate thereof. Acceptance of the additional expenses Lender will incur by reason of such late payment, and such any late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to overdue rental or other amounts, nor shall such acceptance prevent Landlord from exercising any other rights that and remedies available to it. Acceptance of rent or other payments by Landlord shall not constitute a waiver of late charges or interest accrued with respect to such rent or other payments or any prior installments thereof, nor of any other defaults by Tenant, whether monetary or non-monetary in nature, remaining uncured at the Servicer time of such acceptance of rent or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitypayments.

Late Charge. If At the option of Administrative Agent, Borrower will pay Lenders, on demand (i) a “late charge” equal to [***]% of the amount of any amount payable under installment on this Note or when such installment is not paid within [***] following the date such installment is due and (ii) a processing fee in the amount of $0 for each check which is provided to Administrative Agent by Borrower in payment for an obligation owing to Lenders under the Security Instrument or any other Borrower Loan Document but is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedreturned or dishonored for any reason, in order to cover the additional expenses involved in handling delinquent and returned or dishonored payments. Change . If Lenders determine that the amount of capital required or expected to be maintained in respect of the Obligations by Lenders is increased as a result of a Change (except a Change regard to Indemnified Taxes, which event, such longer period shall be substitutedis governed solely by Section 3.3 of the Credit Agreement), then Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal Administrative Agent the amount necessary to five percent (5.0%) compensate Lenders for any shortfall in the rate of return on the portion of such amount (unless applicable law requires a lesser amount increased capital that Administrative - SIGNATURE RESTRICTED - Content is not to be charged, in which event such lesser amount shall be substituted)distributed or shared with outside parties. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant Agent determines is attributable to this Note, such late charge Note or the principal amount outstanding hereunder; provided that Borrower shall not become due and payable be required to Lender so long as the Borrower makes compensate Lenders for any such payment on or shortfall incurred during any fiscal quarter ended more than [***] prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Daythat Administrative Agent makes its request for additional amounts pursuant to Section 2.10(b). Any accrued but unpaid late charges In the event that Administrative Agent becomes aware that any amounts are or will be owed to Lenders pursuant to Section 2.10(a), then it shall promptly notify Borrower thereof and, as soon as possible thereafter, Administrative Agent shall submit to Borrower a certificate indicating the amount owing to Lenders and the calculation therefor. The amounts set forth in such certificate shall be added to and become deemed a part of the unpaid principal balance Obligations of this NoteBorrower hereunder; provided, shall bear interest at the rate or rates specified in this Notehowever, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant failure of Borrower to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, pay any interest payable at the Default Rate amount owing to Lenders pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder 2.10(a) shall not be remitted deemed to Lender and shall instead be paid directly constitute a Default or an Event of Default hereunder to Servicer, who shall apply the extent that Borrower is contesting in good faith its obligation to pay such late charges in accordance amount by ongoing discussions diligently pursued with the terms of the applicable servicing agreementAdministrative Agent or by appropriate proceedings. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityFees. Unused Fee. [***].

Late Charge. If any Tenant hereby acknowledges that late payment by ----------- Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is of which will be extremely difficult to ascertain. Such costs include, but are not received by Lender when such amount is due (unless applicable law requires a longer period of time before a limited to, processing and accounting charges, and late charge charges which may be imposedimposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and as Additional Rent (as defined in Paragraph 4.3 below), without demand by Lenderthe necessity of prior notice or demand, a late charge equal to five ten percent (5.010%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly any installment of interest payable pursuant Rent which is not received by Landlord within ten (10) days after the due date for such installment. The preceding sentence to the contrary notwithstanding, solely with respect to the first time a late charge would be imposed under this NoteSection 4.2, Tenant shall have an additional ten (10) days (beyond the ten (10) day grace period referred to in the immediately preceding sentence) following written notice to Tenant that an installment of Rent is past due, to pay such delinquent installment of Rent and thereby avoid such initial late charge being imposed by Landlord. The parties hereby agree that such late charges represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Rent or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant's failure to pay such installment of Rent when due, including without limitation the right to terminate this Lease. In the event any installment of Rent is not received by Landlord by the thirtieth (30/th/) day after the due date for such installment, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, installment shall bear interest at the annual rate or rates specified set forth in this NoteParagraph 34 below, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing commencing on the Closing Date, of thirty-first (31/st/) day after the additional expenses Lender will incur by reason of due date for such late payment, installment and continuing until such late charge installment is paid in full. Interest shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, accrue on any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityimposed by Landlord on Tenant.

Late Charge. If In the event Tenant is more than five (5) days late ----------- in paying any amount payable of rent due under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedLease, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five three percent (5.0%) 3%)of each delinquent amount of such rent and any subsequent delinquent amount (unless applicable law requires a lesser amount be chargedof rent; provided, in which event such lesser amount shall be substituted). Notwithstanding the foregoinghowever, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, that such late charge shall not become due and be payable with respect to Lender so long the first two (2) late payments of rent in each of the first two (2) Lease Years of the Term unless Tenant fails to pay the delinquent amount of rent within five (5) days after notice of such delinquency by Landlord. Notwithstanding the previous sentence, no late charge shall be payable by Tenant with respect to any delinquent payment of rent which is late as a result of Landlord's failure to notify Tenant of a new address for the Borrower makes such payment on or of rent at least five (5) days prior to the tenth (10th) calendar day following the date upon on which such payment is due (or of rent was due. The parties agree that the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part amount of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to set forth in the first sentence of this Section 24.2 represents a fair reasonable estimate of ------------ the cost and reasonable estimate, taking into account all circumstances existing on the Closing Date, expense that would be incurred by Landlord in processing each delinquent payment of the additional expenses Lender will incur rent by reason of such late payment, Tenant and that such late charge shall be deemed paid to Landlord as liquidated damages and for each delinquent payment pursuant to Section 1671 of the California Civil Code, but the payment of such late charge shall not additional interest excuse or a penaltycure any default by Tenant under this Lease. The parties further agree that the payment of late charges and the payment of interest provided for in Section 24.1 are distinct and separate from one another in that the payment of ------------ interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of a late charge is payable to compensate Landlord for the additional administrative expense incurred by Landlord in addition tohandling and processing delinquent payments, but excluding attorneys' fees and not in lieu of, any interest payable at the Default Rate pursuant costs incurred with respect to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitydelinquent payments.

Late Charge. If any Sublessee hereby acknowledges that late payment by ----------- Sublessee to Sublessor of Base Rent will cause Sublessor to incur costs not contemplated by this Sublease, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is of which will be extremely difficult to ascertain. such costs include, but are not received by Lender when such amount is due (unless applicable law requires a longer period of time before a limited to, processing and accounting charges, and late charge charges which may be imposedimposed on Sublessor by the terms of the Lease. Accordingly, in which event, such longer period shall be substituted), Borrower Sublessee shall pay to LenderSublessor, immediately and as Additional Rent (defined in Paragraph 5.3 below), without the necessity of prior notice or demand by Lender(except as expressly provided below in this Paragraph 5.2), a late charge equal to five ten percent (5.010%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly any installment of interest payable pursuant to this Note, Base Rent which is not received by Sublessor within five (5) days after the due date for such installment. The parties hereby agree that such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs Sublessor will incur by reason of late payment by Sublessee. In no event shall this provision for a late charge be deemed to grant to Sublessee a grace period or extension of time within which to pay any installment of Base Rent or prevent Sublessor from exercising any right or remedy available to Sublessor upon Sublessee's failure to pay such late paymentinstallment of Base Rent when due, including without limitation the right to terminate the Sublease, which remedies may be pursued by Sublessor after expiration of the time period set forth in, and such late charge shall be deemed liquidated damages and not additional interest or a penaltyin accordance with, Paragraph 30(a) of the Lease. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything Subject to the contrary notice provision set forth below in this Paragraph 5.2, in the event any other Borrower Loan Documentinstallment of Base Rent is not received by Sublessor by the thirtieth (30th) day after the due date for such installment, if a Servicer has been appointed such installment shall bear interest at an annual rate set forth in Paragraph 16 below, commencing on the thirty-first (31st) day after the due date for such installment and continuing until such installment is paid in full. In addition, Sublessee shall pay all costs and attorneys' fees incurred by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges Sublessor in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitysuch amounts.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent and Additional Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Rent or any Additional Rent or other Borrower Loan Document is sum due from Tenant shall not be received by Lender Landlord or its designee when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and without demand by Lenderas Additional Rent, a late charge equal to five two percent (5.02%) of such overdue amount (unless applicable law requires a lesser amount be chargedin addition to such overdue amount, in which event such lesser amount late charge shall be substituted)due on the same date that the overdue amount was due. Notwithstanding The Parties agree that such late charge represents a fair and reasonable estimate of the foregoingcosts Landlord will incur by reason of late payment by Tenant. If any amount due from Tenant to Landlord remains delinquent for a period in excess of five (5) days, with regard then in addition to each regularly scheduled monthly installment such late charge, Tenant shall pay to Landlord interest on such amount not paid when due at the Agreed Interest Rate specified in Paragraph 45 from the date such amount became due until paid. Acceptance by Landlord of interest payable pursuant to this Note, such late charge shall not constitute a waiver of any of Landlord’s rights and remedies granted hereunder. In the event that a late charge is due hereunder, whether or not collected, for three (3) installments of Base Rent in any twelve (12) month period, then the Base Rent and Additional Rent shall automatically become due and payable to Lender so long as the Borrower makes such quarterly in advance, rather than monthly, payable by bank wire/ACH payment on or prior cashier’s check, notwithstanding any provision of this Lease to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitycontrary.

Late Charge. If Time is of the essence to the performance of this Lease. Tenant acknowledges that late payment by Tenant to Landlord of any amount payable rent or other sums due under this Note Lease will cause Landlord to incur costs and damages, including but not limited to processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance secured by the Premises, as well as the loss of the use and time value of money. Landlord and Tenant specifically agree and acknowledge that the exact amount of such costs and damages would be difficult or under the Security Instrument impossible to prove. Tenant agrees that, if any rent or any other Borrower Loan Document sum due from Tenant is not received by Lender within five (5) days from when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, a late charge Landlord an additional sum equal to five percent (5.05%) of such the amount (unless applicable law requires a lesser amount be chargedthat is due; provided, in which event such lesser amount shall be substituted). Notwithstanding the foregoinghowever, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, that such late charge shall charges will not become due and payable to Lender so long as the Borrower makes be assessed if Tenant, within five (5) days after notice from Landlord of such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make a timely payments payment, pays the entire unpaid amount to Landlord. Landlord will cause Lender be required to incur additional expenses provide Tenant with such notice of delinquency only once during each calendar year. Landlord and Tenant hereby agree that they have attempted to estimate the amount of costs and damages which would result from delay in servicing and processing the Loanpayment, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the agreed late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs and damages that Landlord will incur by reason of any such late paymentpayment in light of the anticipated or actual harm which would be caused by such delay, the difficulties of proof of loss, and the inconvenience or non-feasibility of Landlord otherwise obtaining an adequate remedy. Additionally, all such delinquent rent or other sums, plus this late charge, shall bear interest from the date due at the rate per annum set forth in Section 1.9 above; provided, however, that interest will not be assessed on delinquent rent and other sums if Tenant, within five (5) days after notice from Landlord of such delinquent rent or other sum, pays the entire unpaid amount to Landlord. Landlord will be required to provide Tenant with such notice of delinquency only once during each calendar year. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge shall be deemed liquidated damages and not additional interest or of $25.00. If Landlord employs a penalty. The late charge is payable collection agency to recover delinquent charges, Tenant agrees to pay all collection agency fees charged to Landlord in addition toto rent, late charges, interest and not in lieu of, any interest other sums payable at the Default Rate pursuant under this Lease. Tenant shall pay a charge of $75 to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection Landlord for preparation of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitydemand for delinquent rent.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of rent, including Additional Rent payable in accordance with this Section 4.3 hereof and all other costs to be paid by Tenant in accordance with this Lease, will cause Landlord to incur costs not contemplated in agreeing to the monetary and other terms of this Lease, the exact amount of which are presently anticipated to be extremely difficult to ascertain. Such costs may include processing and accounting charges and late charges which may be imposes on Landlord by the terms of any amount payable under this Note mortgage or under deed of trust covering the Security Instrument Property and other expenses of a similar or any other Borrower Loan Document is dissimilar nature. Accordingly, if an installment of rent, including Additional Rent, shall not be received by Lender when Landlord within five (5) days after such amount is due (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substituted)due, Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five six percent (5.06%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)overdue amount. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenants default with respect to such overdue amount which Tenant acknowledges will have occurred when the payment is not become due made at the time it is due, nor shall the acceptance prevent Landlord from exercising any of the other remedies granted hereunder. By initialing where indicated below, each of Landlord and payable to Lender so long as the Borrower makes such payment on or prior Tenant acknowledges its awareness of and express agreement to the tenth (10th) calendar day following foregoing: Landlord Tenant ___________________________ _________________________ ___________________________ _________________________ In the date upon which such payment is due (event an installment of rent or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day Additional Rent is not a Business Day). Any accrued but paid within thirty (30) days after such installment is due, the amount unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the maximum rate or rates specified in this Note, and shall be secured by at which the Security Instrument and parties may legally contract commencing upon the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it thirty-first (31st) day after such installment is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitydue.

Late Charge. If MONTHLY PAYMENTS UNDER THIS NOTE ARE DUE ON THE FIRST DAY OF EACH AND EVERY MONTH UNTIL THIS NOTE IS PAID IN FULL. BORROWER HEREBY AGREES THAT SUCH PAYMENTS SHALL BE MADE TO THE LENDER ON THE SERVICING PAYMENT DATE. THERE IS NO “GRACE” PERIOD FOR ANY MONTHLY INSTALLMENTS DUE HEREUNDER. Subject to the provisions of Section 9.01(b) of the Master Agreement, if any monthly installment due hereunder is not received by Fannie Mae on or before the first day of each month or if any other amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when Fannie Mae before or on the date such amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, counting from and including the date such longer period shall be substituted)amount is due, Borrower shall pay to LenderFannie Mae, immediately and without demand by LenderFannie Mae, a late charge equal to five percent (5.05%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Noteor other amount due (provided that in connection with the payment in full on the Maturity Date, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which if such payment is due not received by Fannie Mae on or before the fifth (5th) day after the Maturity Date, counting from and including the Maturity Date, Borrower shall pay to Fannie Mae, immediately and without demand by Fannie Mae, a late charge equal to one percent Master Credit Facility Agreement Jupiter EQR Credit Facility (1%) of such payment or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Dayother amount due). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender Fannie Mae to incur additional expenses in servicing and processing the Loan, Loan and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx Borrower agrees that the late charge payable pursuant to this Section Paragraph represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Datedate of this Note, of the additional expenses Lender Fannie Mae will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.

Late Charge. If Tenant acknowledges that the late payment by Tenant of any amount payable under this Note or under the Security Instrument monthly installment of Minimum Monthly Rental, additional rent or any other Borrower Loan Document charge required under this Lease will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of which costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs and processing and accounting expenses. Therefore, if any such sum is not received by Lender when Landlord Seven (7) days from the date such amount is sum becomes due (unless applicable law requires a longer period ( the first day of time before a late charge may be imposed, in which event, such longer period shall be substitutedeach month), Borrower Tenant shall immediately pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five ten percent (5.010%) of the sum that is due, Landlord and Tenant agree that this late charge represents a reasonable estimate of such amount (unless applicable law requires a lesser amount be charged, in which event costs and expenses and is fair compensation to Landlord for its loss suffered by such lesser amount shall be substituted)nonpayment by Tenant. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment Acceptance of interest payable pursuant to this Note, such late charge shall not become due constitute a waiver of Tenant's default with respect to such nonpayment by Tenant nor prevent Landlord from exercising all other rights and payable remedies available to Lender so long as Landlord under this Lease. Dishonored Checks – A charge of Fifty ($ 50.00) Dollars shall be imposed for each dishonored check made by the Borrower makes such payment on or prior Tenant to the tenth Landlord. Tenant agrees to pay all rents, late fees, all notice fees and all costs to honor a returned check with certified funds (10th) calendar day following the date upon which such payment is due (Money Order or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business DayCashier’s Check). After the Tenant has tendered a check which is dishonored, Tenant hereby agrees to pay all remaining payments including rent due under this Agreement by Certified funds. Any accrued but unpaid payments tendered to Landlord thereafter, which are not in the form of certified funds, shall be treated as if Tenant failed to make said payment until certified funds are received. Landlord presumes that the Tenant is aware of the criminal sanctions and penalties for issuance of a check which the Tenant knows is drawn upon insufficient funds and which is tendered for the purpose of committing a fraud upon a creditor. All late fees and dishonored check charges shall be added to due when incurred and after thirty (30) days shall become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityrent.

Late Charge. If any Tenant acknowledges that the late payment of Rent will ----------- cause Landlord to incur damages, including administrative costs, loss of use of the overdue finds and other costs, the exact amount payable under this Note of which would be impractical and extremely difficult to fix. Landlord and Tenant agree that if Landlord does not receive a payment of Rent on or under before the Security Instrument or any other Borrower Loan Document date that such payment is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late hate charge equal to five percent (5.05%) of such the overdue amount (unless applicable law requires a lesser and the overdue amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate Interest Rate (as such term is defined below), from the date payment of such amount was due until Landlord receives the overdue payment. Acceptance of the late charge by Landlord shall not cure or rates waive Tenant's default, nor prevent Landlord from exercising, before or after such acceptance, any of the rights and remedies for a default provided by this Lease or at law. Payment of the late charge is not an alternative means of performance of Tenant's obligation to pay Rent at the times specified in this Note, and shall Lease. Tenant will be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that liable for the late charge payable pursuant regardless of whether Tenant's failure to this Section represents pay the Rent when due constitutes a fair default under the Lease and reasonable estimateregardless of whether Landlord sent Tenant an invoice for such Rent and/or late charge. The term "Interest Rate" shall mean the lower of (a) the maximum interest rate permitted by law or (b) two percent (2%) above the rate publicly announced from time to time by Bank of America N.T. & S.A. (or if Bank of America N.T. & S.A. ceases to exist, taking into account all circumstances existing on then the Closing Date, largest bank headquartered in the State of California) ("Bank") as its Reference Rate. If the use of the additional expenses Lender will incur announced Reference Rate is discontinued by reason of the Bank, then the reference to Reference Rate shall mean the announced rate charged by the Bank which is from time to time substituted for such late paymentReference Rate. Whenever interest is required to be paid under this Lease, and such late charge the interest shall be deemed liquidated damages and not additional interest calculated from the date the payment was due or a penalty. The late charge should have been due if correctly assessed or estimated (or any overcharge paid), until the date payment is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer made or the Lender may have as provided herein, in the other Borrower Loan Documents, refund is paid or at law or in equityis credited against rent next due.

Late Charge. If any amount payable under this Note Tenant fails to pay when due rental or under other ----------- amounts due Landlord hereunder, such unpaid amounts shall bear interest for the Security Instrument benefit of Landlord at a rate equal to the lesser of eight percent (8%) per annum or any other Borrower Loan Document is not received the maximum rate permitted by Lender when law, from the date due to the date of payment. In addition to such amount is due (unless applicable law requires a longer period of time before interest, Tenant shall pay to Landlord a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge an amount equal to five percent (5.05%) of any installment of minimum rental and any other amounts due Landlord if not paid in full on or before the fifth (5th) day following notice from Landlord that such rental or other amount is due; provided however, that if any payment of rent or other amounts by -------- Tenant is more than five (unless applicable law requires a lesser amount be charged5) days late and Landlord gave written notice of delinquency to Tenant prior to such payment, in which event then for the next twelve (12) calendar months after such lesser amount written notice was given, Tenant shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment liable for late charges on any further payment of interest payable pursuant to this Note, such late charge shall rental or other amounts that is not become due and payable to Lender so long as the Borrower makes such payment paid on or before the fifth (5th) day after such rental or other amount is due, without any requirement of prior notice from Landlord to Tenant that such rental ------- or other amount is due. Tenant acknowledges that late payment by Tenant to Landlord of rental or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, including, without limitation, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any loan relating to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)Property. Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower Tenant further acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees fix the exact amount of such costs and that the late charge payable pursuant to set forth in this Section 3.2 represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate thereof. Acceptance of the additional expenses Lender will incur by reason of such late payment, and such any late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to overdue rental or other amounts, nor shall such acceptance prevent Landlord from exercising any other rights that and remedies available to it. Acceptance of rent or other payments by Landlord shall not constitute a waiver of late charges or interest accrued with respect to such rent or other payments or any prior installments thereof, nor of any other defaults by Tenant, whether monetary or nonmonetary in nature, remaining uncured at the Servicer time of such acceptance of rent or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitypayments.

Late Charge. If any amount payable under this Note or scheduled payment due under the Security Instrument or any other Borrower Loan Document Documents is not received fully paid by Lender when such amount is its Due Date (other than the principal payment due on the Maturity Date), then a charge of $350 per day (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period the “Daily Charge”) shall be substitutedassessed for each day that elapses from and after the Due Date until such payment is made in full (including the date payment is made); provided, Borrower shall pay to Lenderhowever, immediately and without demand that if any such payment, together with all accrued Daily Charges, is not fully paid by Lenderthe fourteenth (14th) day following the applicable Due Date, then a late charge equal to five the lesser of (i) four percent (5.04%) of such payment or (ii) the maximum amount allowed by law (unless applicable law requires a lesser amount be charged, in which event such lesser amount the “Late Charge”) shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become assessed and be immediately due and payable. The Late Charge shall be payable to Lender so long as the Borrower makes such payment in lieu of Daily Charges that shall have accrued. The Late Charge may be assessed only once on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)each overdue payment. Any accrued but unpaid late These charges shall be added paid to defray the expenses incurred by Lender in handling and become part processing such delinquent payment(s) and to compensate Lender for the loss of the unpaid principal balance use of this Note, shall bear interest at the rate or rates specified in this Note, such funds. The Daily Charge and Late Charge shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, The imposition of the additional expenses Lender will incur by reason of such late paymentDaily Charge, and such late charge shall Late Charge, and/or requirement that interest be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder (defined below) shall not be remitted construed in any way to (A) excuse Borrower from its obligation to make each payment under the Note promptly when due or (B) preclude Lender and shall instead be paid directly to Servicerfrom exercising any rights or remedies available under the Documents upon an Event of Default (as defined below); provided, who shall apply such late charges in accordance with however, that if (1) Borrower meets all the terms requirements of Section 3.13 of this Agreement, (2) the full amount of the applicable servicing agreement. Any action regarding monthly principal and interest payment is maintained in Borrower’s account (“Borrower’s Account”) from which Lender initiates its monthly debit entries during the collection of a entire day on the applicable Due Date (and such amount shall remain in Borrower’s Account until Lender initiates the debit entry to Borrower’s Account), and (3) Lender does not initiate the debit entry on the applicable Due Date, then, in those circumstances, no Daily Charges or Late Charge will shall be without prejudice assessed with respect to any other rights, and shall not act that monthly payment as a waiver result of that monthly principal and interest payment not being made on the applicable Due Date, but such Daily Charges or Late Charge shall be reinstated for any other rights that subsequent day in which all of the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityforegoing conditions are not satisfied.

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender Landlord or by Landlord’s designated agent when due, and if Tenant does not cure such amount is failure within five (5) days after the due date (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe “Grace Period”), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount (unless applicable law requires the “Late Charge”), plus any costs and reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall have the right to pay Rent during the Grace Period only five (5) times during the Term and, after Tenant has paid Rent during the Grace Period an aggregate of five (5) times, Tenant shall pay to Landlord a lesser amount be charged, in which event such lesser amount shall be substituted)Late Charge on any Rent or other sums due hereunder that are not received by Landlord or Landlord’s designated agent when due. Notwithstanding the foregoing, if Tenant establishes and maintains throughout the Term a direct payment or debit arrangement with regard to each regularly scheduled monthly installment of interest payable a bank or financial institution pursuant to this Notewhich the Rent due hereunder is automatically paid to Landlord by electronic transfer on the first day of each month, and if Tenant provides Landlord with evidence of such arrangement, then Landlord shall. provide Tenant with notice of any late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or of Rent prior to the tenth (10th) calendar day following the date upon which imposition of a Late Charge. Landlord and Tenant hereby agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents Late Charge represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender cost that Landlord will incur by reason of such Tenant’s late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord’s acceptance of such Late Charge shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease. Initials: Landlord Tenant

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender Landlord or by Landlord's designated agent when due, and if Tenant does not cure such amount is failure within five (5) days after the due date (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe "Grace Period"), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount (unless applicable law requires the "Late Charge"), plus any costs and reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall have the right to pay Rent during the Grace Period only five (5) times during the Term and, after Tenant has paid Rent during the Grace Period an aggregate of five (5) times, Tenant shall pay to Landlord a lesser amount be charged, in which event such lesser amount shall be substituted)Late Charge on any Rent or other sums due hereunder that are not received by Landlord or Landlord's designated agent when due. Notwithstanding the foregoing, if Tenant establishes and maintains throughout the Term a direct payment or debit arrangement with regard to each regularly scheduled monthly installment of interest payable a bank or financial institution pursuant to this Notewhich the Rent due hereunder is automatically paid to Landlord by electronic transfer on the first day of each month, and if Tenant provides Landlord with evidence of such arrangement, then Landlord shall. provide Tenant with notice of any late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or of Rent prior to the tenth (10th) calendar day following the date upon which imposition of a Late Charge. Landlord and Tenant hereby agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents Late Charge represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender cost that Landlord will incur by reason of such Tenant's late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord's acceptance of such Late Charge shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease. Initials: Landlord Tenant

Late Charge. If The late payment of any amount payable under this Note installment of Annual Rental or under Additional Rent will cause Landlord to incur additional costs, including administration and collection costs and processing and accounting expenses and increased debt service (“Delinquency Costs”). Tenant shall receive, during the Security Instrument term hereof, a grace period (each, a “Grace Period”), not to exceed five (5) days after the due date for any installment of Annual Rental or Additional Rent. No Late Charge as defined herein shall be due as long as the applicable installment of Annual Rental or Additional Rental is paid on or before the expiration of the applicable Grace Period. As to any other Borrower Loan Document is installment of Annual Rent or Additional Rent which Landlord has not received by Lender when prior to the expiration of such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedGrace Period , in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, a late charge equal to five three percent (5.03%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant Annual Rent or Additional Rent payment which was not paid timely (“Late Charge”) which is agreed to this represent a reasonable estimate of the Delinquency Costs incurred by Landlord. Landlord and Tenant recognize that the damage which Landlord shall suffer as a result of Tenant’s failure to pay such amounts is difficult to ascertain and said Late Charge is the best estimate of the damage which Landlord shall suffer in the event of late payment. So long as any amounts remain outstanding under the State Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior Late Charge will be paid to the tenth (10th) calendar day following Independent Collection Agent to be applied towards the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid of any late charges shall be added to and become part of due under the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this State Note, and any remaining balance shall be secured by paid to Landlord. If the Security Instrument and State Note is no longer outstanding, then the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge Late Charges shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to ServicerLandlord. Late Charges due to Landlord are independent and separate from any Late Charges which Tenant may incur to State by reason of any payment under the State’s Note not being made on or before the due date as a result of Tenant’s failure to timely pay any installment of Annual Rent payable hereunder as and when due, who shall apply such though Landlord acknowledges and agrees that the Independent Collection Agent will utilize the Late Charges paid by Tenant under this Lease to satisfy any late charges in accordance with which may be due under the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityState Note.

Late Charge. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is of which will be extremely difficult to ascertain. Such costs include, but are not received by Lender when such amount is due (unless applicable law requires a longer period of time before a limited to, processing and accounting charges, and late charge charges which may be imposedimposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and as Additional Rent (as defined in Paragraph 4.3 below), without demand by Lenderthe necessity of prior notice or demand, a late charge equal to five percent (5.05%) of any installment of Rent or other amount payable by Tenant under this Lease which is not received by Landlord within ten (10) days after the due date for such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)installment or payment. Notwithstanding the foregoing, with regard Landlord will not assess a late charge until Landlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to each regularly scheduled monthly installment of interest payable pursuant to this Note, be imposed or incurred. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. In no event shall not become due and this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Rent or other sum payable by Tenant to Lender so long as Landlord under this Lease or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay such installment of Rent or other sum when due, including without limitation the Borrower makes such payment on right to terminate this Lease. In the event any installment of Rent or prior other sum payable by Tenant to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day Landlord under this Lease is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of received by Landlord by the unpaid principal balance of this Notedue date for such installment, such installment shall bear interest at the annual rate or rates specified set forth in this NoteParagraph 34 below, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing commencing on the Closing Date, of the additional expenses Lender will incur by reason of date such late payment, Rent installment or other sum payable under this Lease is due and continuing until such late charge shall be deemed liquidated damages and not additional interest installment or a penalty. The late charge other sum payable under this Lease is payable paid in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityfull.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult and economically impractical to ascertain. Such costs include, but are not limited to, administrative expenses, processing and accounting charges, loss of interest income, and tare charges that may be imposed upon Landlord by the terms of any amount payable under this Note or under deed of trust covering the Security Instrument Premises. Tenant therefore agrees that if any installment of rent or any other Borrower Loan Document is payment due hereunder from Tenant to Landlord shall not be received by Lender when such Landlord, or Landlord's designee, within five (5) business days after said amount is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent ten (5.010%) percent of such the amount (unless applicable law requires a lesser of the delinquent rent or other payment. The amount of each late charge to be charged, in which event such lesser amount paid by Landlord by Tenant shall be substituted). Notwithstanding he assessed and added to the foregoing, with regard to each regularly scheduled next successive monthly installment of interest payable pursuant to this Note, rent due hereunder. The parties agree that such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender will incur loss and expense to be suffered by Landlord by reason of such late payment, payment by tenant and that such late charge may lie assessed and collected by Landlord to ameliorate such loss and expense. Acceptance of such late charge by Landlord shall be deemed liquidated damages not constitute a waiver of Tenant's default and shall not additional interest relieve Tenant of the obligation to rent and other payments on or before the dare on which they are due, nor shall the provisions of this paragraph in any way prevent Landlord from exercising any of its other rights and remedies in the event (hat rent or other payments are not received buy Landlord on or before the date due. If a penalty. The late charge is payable hereunder, whether or not collected, for any four (4) installments of Base Rent during any twelve (12) month period, then all further Base rent shall automatically become due and payable quarterly in addition toadvance, and rather than monthly, not in lieu of, withstanding any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything provision of this Lease to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitycontrary.

Late Charge. If At the option of Administrative Agent, Borrower will pay Lenders, on demand (i) a “late charge” equal to [***]% of the amount of any amount payable under installment on this Note or when such installment is not paid within 3 Business Days following the date such installment is due and (ii) a processing fee in the amount of $0 for each check which is provided to Administrative Agent by Borrower in payment for an obligation owing to Lenders under the Security Instrument or any other Borrower Loan Document but is returned or dishonored for any reason, in order to cover the additional expenses involved in handling delinquent and returned or dishonored payments. Change - SIGNATURE RESTRICTED - Content is not received to be distributed or shared with outside parties. . If Lenders determine that the amount of capital required or expected to be maintained in respect of the Obligations by Lender when such amount Xxxxxxx is due increased as a result of a Change (unless applicable law requires except a longer period Change regard to Indemnified Taxes, which is governed solely by Section 3.3 of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe Credit Agreement), then Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal Administrative Agent the amount necessary to five percent (5.0%) compensate Lenders for any shortfall in the rate of return on the portion of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant increased capital that Administrative Agent determines is attributable to this Note, such late charge Note or the principal amount outstanding hereunder; provided that Borrower shall not become due and payable be required to Lender so long as the Borrower makes compensate Lenders for any such payment on or shortfall incurred during any fiscal quarter ended more than 90 days’ prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Daythat Administrative Agent makes its request for additional amounts pursuant to Section 2.10(b). Any accrued but unpaid late charges In the event that Administrative Agent becomes aware that any amounts are or will be owed to Lenders pursuant to Section 2.10(a), then it shall promptly notify Borrower thereof and, as soon as possible thereafter, Administrative Agent shall submit to Borrower a certificate indicating the amount owing to Lenders and the calculation therefor. The amounts set forth in such certificate shall be added to and become deemed a part of the unpaid principal balance Obligations of this NoteBorrower hereunder; provided, shall bear interest at the rate or rates specified in this Notehowever, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant failure of Borrower to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, pay any interest payable at the Default Rate amount owing to Lenders pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder 2.10(a) shall not be remitted deemed to Lender and shall instead be paid directly constitute a Default or an Event of Default hereunder to Servicer, who shall apply the extent that Borrower is contesting in good faith its obligation to pay such late charges in accordance amount by ongoing discussions diligently pursued with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer Administrative Agent or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityby appropriate proceedings.

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender when Landlord or by Landlord’s designated agent within five (5) days after the date such amount Rent or other sum is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five six percent (5.06%) of such overdue amount, plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant’s late payment. Landlord’s acceptance of such late charges shall not constitute a waiver of Tenant’s default with respect to such overdue amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, with regard Tenant shall be entitled to each regularly scheduled monthly installment of interest payable pursuant to this Noteone (1) grace period in any twelve (12) consecutive month period whereby Landlord shall provide Tenant written notice that any Rent is past due, such late charge shall not become due and payable to Lender so long as Tenant pays to Landlord the Borrower makes such payment on or prior to the tenth amount due within five (10th5) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part days after Tenant’s receipt of the unpaid principal balance of this NoteLandlord’s notice, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the no late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of be assessed for such late payment. Initials: Landlord: Tenant: By: /s/Hxxxxx Xxxxxxxxxxx By: /s/ Cxxxxxx Xxxxxxx Hxxxxx Xxxxxxxxxxx Cxxxxxx Xxxxxxx, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition toCEO Manager /s/ Nxxxxx Xxxxxxxxx Nxxxxx Xxxxxxxxx, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.CFO

Late Charge. If Each Maker acknowledges that if any amount payable payment required under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is paid within ten (10) days after the same becomes due (unless applicable law requires a longer period of time before a late charge may be imposedand payable, the holder hereof will incur extra administrative expenses, in which eventaddition to expenses incident to receipt of timely payment, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part loss of the unpaid principal balance use of this Notefunds in connection with the delinquency in payment. Because, shall bear interest at from the rate or rates specified in this Notenature of the case, and shall be secured the actual damages suffered by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur holder hereto by reason of such extra administrative expenses and loss of use of funds would be impracticable or extremely difficult to ascertain, Maker agrees that a late paymentcharge of five percent (5%) of the amount of the delinquent payment and the imposition of the default interest rate provided for below shall be the amount of damages to which such holder is entitled, and upon such breach, in compensation therefor (provided that no such late charge shall be deemed payable with respect to any balloon payment due on the Maturity Date). Maker shall, therefore, in such event, without further notice, pay to the holder hereof as such holder’s sole monetary recovery to cover such extra administrative expenses and loss of use of funds, liquidated damages in the amount of five percent (5%) of the amount of such delinquent payment and not any additional interest or owed as a penaltyresult of the imposition of the default interest rate as provided below. The late charge is payable provisions of this paragraph are intended to govern only the determination of damages in addition to, and not the event of a breach in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms performance of the applicable servicing agreementobligation of Maker to make timely payments hereunder. Any action regarding Nothing in this Note shall be construed as an express or implied agreement by the holder hereof to forbear in the collection of a Late Charge will any delinquent payment, or be construed as in any way giving Maker the right, express or implied, to fail to make timely payments hereunder, whether upon payment of such damages or otherwise. The right of the holder hereto to receive payment of such liquidated and actual damages, and receipt thereof, are without prejudice to the right of such holder to collect such delinquent payments and any other rights, and shall not act as amounts provided to be paid hereunder or under any security for this Note or to declare a waiver of default hereunder or under any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitysecurity for this Note.

Late Charge. If any Lessee(s) acknowledge that late payment of rent may cause Lessor to incur costs and expenses, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is costs being extremely difficult and impractical to determine those fix. Such cost may include, but are not limited to, processing and accounting expenses, late charges that may be imposed on Lessor by terms of any loan secured by property, costs for additional expensesattempts to collect rent, and preparation of notices. Xxxxxxxx agrees that Therefore, if any installment of rent due from Lessee(s) is not received by Lessor within five (5) calendar days after date due, and if Lessor elects to accept rent after the 5th day of the month, Lessee(s) shall pay to Lessor an additional sum of $50.00 as a late charge payable pursuant to which shall deemed additional rent. The Parties agree that this Section late charge represents a as fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender will costs that Lessor may incur by reason of such Lessee(s)'s late payment, and such payments. Acceptance of any late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Lessee(s)'s default with respect to the past due amount, or prevent Lessor from exercising any other rights that the Servicer or the Lender may have and remedies under this agreement, and as provided hereinby law. If a late lease payment is received and accepted by Lessor without a late charge, this late charge may be withheld from Lessee(s) deposit. If lease payment has not been received by fifteen (15) days after above due date, Lessor reserves the right to notify Lessee(s) to vacate premises within fifteen (15) days. If this occurs, Lessee(s) will forfeit deposit and will not be released from lease terms until premises are again leased and any discrepancies in lease agreement, either previously of hereinafter, have been satisfied. If more than one party is responsible for the other Borrower Loan Documentstotal lease payment, or at law or partial payment will not be accepted as it will be the responsibility of these parties to make payment in equitywhole as described in this lease agreement.

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender Landlord or by Landlord’s designated agent when due, and if Tenant does not cure such amount is failure within five (5) days after the due date (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe “Grace Period”), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount (unless applicable law requires the “Late Charge”), plus any costs and reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall have the right to pay Rent during the Grace Period only five (5) times during the Term and, after Tenant has paid Rent during the Grace Period an aggregate of five (5) times, Tenant shall pay to Landlord a lesser amount be charged, in which event such lesser amount shall be substituted)Late Charge on any Rent or other sums due hereunder that are not received by Landlord or Landlord’s designated agent when due. Notwithstanding the foregoing, if Tenant establishes and maintains throughout the Term a direct payment or debit arrangement with regard to each regularly scheduled monthly installment of interest payable a bank or financial institution pursuant to this Notewhich the Rent due hereunder is automatically paid to Landlord by electronic transfer on the first day of each month, and if Tenant provides Landlord with evidence of such arrangement, then Landlord shall provide Tenant with notice of any late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or of Rent prior to the tenth (10th) calendar day following the date upon which imposition of a Late Charge. Landlord and Tenant hereby agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents Late Charge represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender cost that Landlord will incur by reason of such Tenant’s late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord’s acceptance of such Late Charge shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights that the Servicer or the Lender may have as provided hereinand remedies granted under this Lease. INITIALS: /s/ XXXXX X. XXXX, in the other Borrower Loan Documents, or at law or in equity.XX. /s/ A. XXXX XXXXXXX Landlord Tenant

Late Charge. If In the event that Borrower fails to make any amount payable payment of money due to Lender under this Note Agreement within five (5) days after receipt of written notice from Lender that such amount is past due after any notice or under cure period, if any, Lender shall be entitled to collect a late charge as liquidated damages, which late charge shall be due in addition to any interest, whether or not calculated at the Security Instrument Default Rate, in connection with each such delinquency in payment. Because the actual damages suffered by Lender would be impracticable or extremely difficult or impossible to determine, in compensation for such delinquent payment, Borrower agrees that three percent (3%) of the amount of the delinquent payment due and owing shall be the amount of damages to which Lender is entitled upon the first such breach during any other twelve (12) month period and that five percent (5%) of the amount of the delinquent payment due and owing shall be the amount of damages to which Lender is entitled for the second and any subsequent such breach during any twelve (12) month period. Borrower Loan Document shall, in any such event, pay to Lender the late charge in such amount for each such installment for which payment is not received by Lender when such amount is due (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal to five percent (5.0%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following before the date upon which any such payment is due (or due, Lender and Borrower agreeing that the Business Day immediately following amount of such tenth (10th) calendar day if such tenth (10th) calendar day liquidated damages is not a Business Day)reasonable. Any accrued but unpaid late charges shall be added The provisions of this paragraph are intended to and become part govern only the determination of the unpaid principal balance above-described damages in the event of this Note, shall bear interest at a failure in the rate or rates specified in this Note, and shall be secured by performance of the Security Instrument and the other applicable obligation of Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause hereunder or under any of the other Loan Documents. Nothing in this Agreement shall be construed as an express or implied agreement by Lender to incur additional expenses forbear in servicing and processing the Loancollection of any delinquent payment after the occurrence of an Event of Default or shall be construed as in any way giving Borrower the right, and that it is extremely difficult and impractical express or implied, to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant fail to this Section represents a fair and reasonable estimatemake timely payments hereunder, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason whether upon payment of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8otherwise. Notwithstanding anything to the contrary in any other Borrower Loan Documentcontained herein, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted the right of Lender to Lender and shall instead be paid directly to Servicer, who shall apply receive payments of such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be liquidated damages is without prejudice to the right of Lender to collect any delinquent payments and any other rights, and shall not act as a waiver amounts required to be paid hereunder or under any of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents or to declare a default and to exercise any rights and remedies hereunder or under any of the other Loan Documents, or at otherwise provided by law or in equity.

Late Charge. If At the option of Administrative Agent, Borrower will pay Lenders, on demand (i) a “late charge” equal to [***]% of the amount of any amount payable under installment on this Note or when such installment is not paid within [***] Business Days following the date such installment is due and (ii) a processing fee in the amount of $0 for each check which is provided to Administrative Agent by Borrower in payment for an obligation owing to Lenders under the Security Instrument or any other Borrower Loan Document but is returned or dishonored for any reason, in order to cover the additional expenses involved in handling delinquent and returned or dishonored payments. Change - SIGNATURE RESTRICTED - Content is not received to be distributed or shared with outside parties. . If Lenders determine that the amount of capital required or expected to be maintained in respect of the Obligations by Lender when such amount Xxxxxxx is due increased as a result of a Change (unless applicable law requires except a longer period Change regard to Indemnified Taxes, which is governed solely by Section 3.3 of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe Credit Agreement), then Borrower shall pay to Lender, immediately and without demand by Lender, a late charge equal Administrative Agent the amount necessary to five percent (5.0%) compensate Lenders for any shortfall in the rate of return on the portion of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant increased capital that Administrative Agent determines is attributable to this Note, such late charge Note or the principal amount outstanding hereunder; provided that Borrower shall not become due and payable be required to Lender so long as the Borrower makes compensate Lenders for any such payment on or shortfall incurred during any fiscal quarter ended more than 90 days’ prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Daythat Administrative Agent makes its request for additional amounts pursuant to Section 2.10(b). Any accrued but unpaid late charges In the event that Administrative Agent becomes aware that any amounts are or will be owed to Lenders pursuant to Section 2.10(a), then it shall promptly notify Borrower thereof and, as soon as possible thereafter, Administrative Agent shall submit to Borrower a certificate indicating the amount owing to Lenders and the calculation therefor. The amounts set forth in such certificate shall be added to and become deemed a part of the unpaid principal balance Obligations of this NoteBorrower hereunder; provided, shall bear interest at the rate or rates specified in this Notehowever, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant failure of Borrower to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, pay any interest payable at the Default Rate amount owing to Lenders pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder 2.10(a) shall not be remitted deemed to Lender and shall instead be paid directly constitute a Default or an Event of Default hereunder to Servicer, who shall apply the extent that Borrower is contesting in good faith its obligation to pay such late charges in accordance amount by ongoing discussions diligently pursued with the terms of the applicable servicing agreementAdministrative Agent or by appropriate proceedings. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.Fees. Unused Fee. [***]

Late Charge. If any Lessee acknowledges that the late payment of Rent will cause Lessor to incur damages, including administrative costs, loss of use of the overdue funds and other costs, the exact amount payable under this Note or under of which would be impractical and extremely difficult to ascertain. Lessor and Lessee agree that if Lessor does not receive a payment of Rent within five (5) days after the Security Instrument or any other Borrower Loan Document date that such payment is not received by Lender when such amount is due (unless applicable law requires a longer period of time before due, Lessee shall pay to Lessor a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender, a late charge (“Late Charge”) equal to five ten percent (5.010%) of such amount the delinquent amount, or the sum of twenty-five dollars (unless applicable law requires a lesser amount be charged$25.00), in whichever is greater, as liquidated damages for the damages which event such lesser amount shall be substituted). Notwithstanding Lessor is likely to incur for the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth thirty (10th30) calendar day period following the due date upon which of such payment is payment. Further, all portions of Rent not paid within thirty (30) days following its due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to date and become part of the unpaid principal balance of this Note, all Late Charges associated therewith shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing Interest Rate (as defined below) beginning on the Closing Datethirty-first (31st) day following the due date of such Rent and continuing until such Rent, Late Charges and interest are paid in full. Acceptance of the additional expenses Lender will incur Late Charge, and/or interest by reason of Lessor shall not cure or waive Lessee's default, nor prevent Lessor from exercising, before or after such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu ofacceptance, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms all of the applicable servicing agreement. Any action regarding the collection of rights and remedies for a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as default provided herein, in the other Borrower Loan Documents, by this Lease or at law or in equity. Payment of the Late Charge and/or interest is not an alternative means of performance of Lessee's obligation to pay Rent at the times specified in this Lease. Lessee will be liable for the Late Charge regardless of whether Lessee's failure to pay the Rent when due constitutes a default under this Lease. Lessee shall pay Lessor a fee of $30.00 for each check that Lessor shall receive from Lessee that is not honored by the bank upon which it is drawn. Furthermore, if any check given to Lessor by Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all payments made by Lessee to Lessor over the next twelve (12) months to be by certified check, cashier’s check, money order, or wire transfer. The term "Interest Rate" shall mean the lower of (a) the maximum interest rate permitted by law, or (b) ten percent (10%) per annum. Whenever interest is required to be paid under this Lease, the interest shall be calculated from the date the payment was due (unless a late charge is assessed by Lessor, in which case the interest shall be calculated from the thirty-first (31st) day following the date the payment was due) or should have been due if correctly assessed or estimated (or any overcharge paid), until the date payment is made or the refund is paid or is credited against Rent next due. However, there shall not be any credit against Rent unless expressly allowed by the terms of this Lease.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Monthly Rent or any other Borrower Loan Document sum due from Tenant is not received by Lender when such amount Landlord or Landlord’s designee within five (5) days after it is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) percent of such amount (unless applicable law requires a lesser amount be chargedoverdue amount, in which event such lesser amount late charge shall be substituted). Notwithstanding due and payable on the foregoingsame date that the overdue amount was due; provided, however, that with regard respect to each regularly scheduled monthly installment the first late payment of interest payable pursuant Rent in any twelve (12) month period, Landlord shall provide written notice to this Note, Tenant of such late payment and the late charge shall not become due and be payable unless Tenant shall fail to Lender so long as the Borrower makes cure such late payment on or prior to the tenth within five (10th5) calendar day following the date upon which days after receipt of Landlord’s written notice. The Parties agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs Landlord will incur by reason of late payment by Tenant, excluding attorneys’ fees and costs to the extent Landlord is permitted to recover such fees and costs in accordance with Sections 5.C or 20.A. If any Base Monthly Rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late paymentcharge, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate (defined in Section 14.B) from the date such amount became due until paid. Acceptance by Landlord of such late charge or interest shall be deemed liquidated damages not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and not additional interest or remedies granted hereunder. In the event that a penalty. The late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent, property management fees and Tenant’s Allocable Share of Reimbursable Operating Costs (defined in addition toSection 9.D) shall automatically become due and payable quarterly in advance, and not in lieu ofrather than monthly, notwithstanding any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything provision of this Lease to the contrary in contrary. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityamount due under this Lease.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by the Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any amount payable mortgage or trust deed covering the Premises. Other remedies for non-payment of Rent notwithstanding, if Tenant fails to pay any scheduled installments of Rent to Landlord under this Note or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is Lease within five (5) days of its due (unless applicable law requires a longer period of time before a late charge may be imposeddate, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and without demand by Lenderas Additional Rent, a late charge equal to five percent (5.05%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)the overdue amount. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment Landlord will not assess a late charge until Landlord has given written notice of interest payable pursuant to this Note, such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) business days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. In addition, interest shall not become accrue on all delinquent amounts from the 31st day that such amounts are due and payable to Lender so long as until paid at the Borrower makes such payment on or prior to lower of the tenth rate of ten percent (10th10%) calendar day following per annum from the date upon which such payment is due (until paid, or the Business Day immediately following highest rate permitted by applicable law. The parties hereby agree such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs Landlord will incur by reason of such late payment, and payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event Tenant makes payment by check for any payment due hereunder and such check is returned by Landlord’s or Tenant’s financial institution for any reason, except for bank error, the amount paid by such check shall be deemed liquidated damages delinquent and not additional interest or subject to said late charge. For any checks returned as “insufficient”, Tenant shall be charged a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if fee a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity$50.00 per occurrence.

Late Charge. If any amount payable under this Note Tenant fails to pay when due rental or under the Security Instrument or any other Borrower Loan Document is not received by Lender when such amount is amounts due (unless applicable law requires a longer period of time before a late charge may be imposed, in which eventLandlord hereunder, such longer period paid amounts shall be substituted)bear interest for the benefit of Landlord at a rate equal to the lesser of fifteen percent (15%) per annum or the maximum rate permitted by law, Borrower from the date due to the date of payment. In addition to such interest, Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late later charge in an amount equal to five percent (5.05%) of any installment of minimum rental and any other amounts due Landlord if not paid in full on or before the third (3rd) day after written notice from Landlord to Tenant that such rental or other amount is past due; PROVIDED, however, that if any payment of rent or other amounts by Tenant is more than five (unless applicable law requires a lesser amount be charged5) days late and Landlord gave written notice of delinquency to Tenant prior to such payment, in which event than for the next twelve (12) calendar months after such lesser amount written notice was given, Tenant shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment liable for later charges on any further payment of interest payable pursuant to this Note, such late charge shall rental or other amount that is not become due and payable to Lender so long as the Borrower makes such payment paid on or before the fifth (5th) day after such rental or other amount is due, WITHOUT any requirement of prior notice from Landlord to Tenant of such default or delinquency. Tenant acknowledges that late payment by Tenant to Landlord of rental or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, including, without limitation, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any loan relating to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day)Property. Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower Tenant further acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees fix the exact amount of such costs and that the late charge payable pursuant to set forth in this Section 3.2 represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate thereof. Acceptance of the additional expenses Lender will incur by reason of such late payment, and such any late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to overdue rental or other amounts, nor shall such acceptance prevent Landlord from exercising any other rights that and remedies available to it. Acceptance of rent or other payments by Landlord shall not constitute a waiver of late charges or interest accrued with respect to such rent or other payments or any prior installments thereof, nor of any other defaults by Tenant, whether monetary or non-monetary in nature, remaining uncured at the Servicer time of such acceptance of rent or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equitypayments.

Late Charge. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any amount payable under this Note contract, revolving credit, mortgage, or under trust deed covering the Security Instrument Premises. Accordingly, if any installment of Base Monthly Rent or any other Borrower Loan Document is sum due from Tenant shall not be received by Lender when such amount Landlord or its designee within five (5) days after it is due (unless applicable law requires a longer period of time before a late charge may be imposeddue, in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent three (5.03%) percent of such amount (unless applicable law requires a lesser amount be chargedoverdue amount, in which event such lesser amount late charge shall be substituted)due and payable on the same date that the overdue amount was due. Notwithstanding the foregoing, with regard Tenant shall be entitled to one (1) notice and five (5)-day cure period each regularly scheduled monthly installment of interest payable pursuant to this Note, calendar year before the first late charge for such calendar year shall accrue. No notice or additional cure period shall be required or apply for the second or any subsequent late charge during a calendar year. The parties agree that such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any Base Monthly Rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late paymentcharge, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate (defined in Section 14.B) from the date such amount became due until paid. Acceptance by Landlord of such late charge or interest shall be deemed liquidated damages not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and not additional interest or remedies granted hereunder. In the event that a penalty. The late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in addition toadvance, and not in lieu ofrather than monthly, notwithstanding any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything provision of this Lease to the contrary in contrary. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityamount due under this Lease.

Late Charge. If any amount To cover the additional expense incurred by the Sublandlord in the handling of delinquent payment of Sublease Fixed Rent, Article 4 Rent, and other Sublease Additional Charges payable under this Note or under to Sublandlord by Subtenant pursuant hereto, the Security Instrument or any other Borrower Loan Document is not received Subtenant will pay on demand if and to the extent permitted by Lender when applicable law, (i) if such amount is due failure shall continue for four (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substituted), Borrower shall pay to Lender, immediately and without demand by Lender4) days, a "late charge charge" in an amount equal to five percent (5.0%) 3% of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding delinquent payment to cover the foregoing, with regard to each regularly scheduled monthly installment administrative expenses of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of handling such late payment, and (ii) for each dollar of such Sublease Fixed Rent, Article 4 Rent and other Sublease Additional Charges received after its due date, interest to accrue from the date such amounts of Sublease Fixed Rent, Article 4 Rent and other Sublease Additional Charges first became due hereunder at the lesser of (A) the Interest Rate or (B) the maximum rate permitted by law. Subtenant shall not be required to pay such late charge with respect to any such late Sublease Rent (the "Qualified Late Payment") if (x) Subtenant shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant have failed to Section 8. Notwithstanding anything to the contrary in pay when due any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder payment of Sublease Rent within the 12 month period preceding the due date for the Qualified Late Payment and (y) Subtenant shall pay the Qualified Late Payment to Sublandlord within five (5) days after notice from Sublandlord of such failure. Subtenant shall not be remitted required to Lender and shall instead be paid directly pay such interest with respect to Servicer, who shall apply any such late charges in accordance with Sublease Rent (the terms of the applicable servicing agreement. Any action regarding the collection of a "Applicable Late Charge will be without prejudice Payment") if (A) Subtenant shall not have failed to pay when due any other rights, installment of Sublease Rent within the 12 month period preceding the due date for the Applicable Late Payment and (B) Subtenant shall not act as a waiver of any other rights that pay the Servicer or Applicable Late Payment to Sublandlord within ten (10) days after the Lender may have as provided herein, in due date for the other Borrower Loan Documents, or at law or in equityApplicable Late Payment.

Late Charge. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount payable under this Note or under the Security Instrument or any other Borrower Loan Document is of which will be extremely difficult to ascertain. Such costs include, but are not received by Lender when such amount is due (unless applicable law requires a longer period of time before a limited to, processing and accounting charges, and late charge charges which may be imposedimposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, in which event, such longer period shall be substituted), Borrower Tenant shall pay to LenderLandlord, immediately and as Additional Rent (as defined in Paragraph 4.3 below), without demand by Lenderthe necessity of prior notice or demand, a late charge equal to five percent (5.05%) of any installment of Base Rent or other amount payable by Tenant under this Lease which is not received by Landlord on or before the due date for such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)installment or payment. Notwithstanding the foregoing, with regard Landlord will not assess a late charge until Landlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) business days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to each regularly scheduled monthly installment of interest payable pursuant to this Note, be imposed or incurred. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. In no event shall not become due and this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Base Rent or other sum payable by Tenant to Lender so long as the Borrower makes such payment on or prior Landlord under this Lease or, subject to the tenth (10th) calendar day following notice and cure period set forth in Paragraph 14.1(a), prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay such installment of Base Rent or other sum when due, including without limitation the date upon which such payment is due (right to terminate this Lease. In the event any installment of Base Rent or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day other sum payable by Tenant to Landlord under this Lease is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of received by Landlord by the unpaid principal balance of this Notedue date for such installment, such installment shall bear interest at the annual rate or rates specified set forth in this NoteParagraph 34 below, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing commencing on the Closing Date, of the additional expenses Lender will incur by reason of date such late payment, Base Rent installment or other sum payable under this Lease is due and continuing until such late charge shall be deemed liquidated damages and not additional interest installment or a penalty. The late charge other sum payable under this Lease is payable paid in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityfull.

Late Charge. Notwithstanding any other provisions of this Sublease, Subtenant hereby acknowledges that late payment to Sublandlord of Rent, or other amounts due hereunder will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Subtenant are not received by Lender when such amount is Sublandlord or by Sublandlord's designated agent within ten (10) days after their due (unless applicable law requires a longer period of time before a late charge may be imposeddate, in which event, such longer period shall be substituted), Borrower then Subtenant shall pay to LenderSublandlord, immediately and without demand by Lenderfor each month or partial month during which each overdue amount remains unpaid, a late charge equal to five ten percent (5.010%) of such overdue amount if Sublandlord has given Subtenant written notice that Sublandlord has not received such amounts, or five percent (unless applicable law requires 5%) of such overdue amount if Sublandlord has not given Subtenant such written notice, plus any attorneys' fees incurred by Sublandlord in connection with Subtenant's failure to pay Rent and/or other charge when due hereunder. Sublandlord and Subtenant hereby agree that such late charge represents a lesser amount be charged, in which event such lesser amount shall be substituted)fair and reasonable estimate of the cost that Sublandlord will incur by reason of Subtenant's late payment. Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment Sublandlord's acceptance of interest payable pursuant to this Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Subtenant's default with respect to such overdue amount or stop Sublandlord from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Sublease. Initials: Sublandlord Subtenant /s/ DWG ---------------- ---------------

Late Charge. If Tenant fails to make any amount payable payment of rent, ----------- expenses or other amounts required of Tenant under this Note or under Lease within ten (10) days of the Security Instrument or any other Borrower Loan Document is not received by Lender when date such amount is due (unless applicable law requires a longer period of time before as set forth in this Lease, then, in addition to any other amounts recoverable by Landlord hereunder, Tenant shall pay Landlord a late charge may be imposedin an amount equal to $0.06 for each dollar past due. If Tenant fails, in which eventon three (3) separate occasions, to make any payment of rent, expenses or other amounts required of Tenant under this Lease within three (3) days of the date each such longer period shall be substituted)payment is due, Borrower then for the remainder of the Lease Term, Tenant shall pay to Lender, immediately and without demand by Lender, a late charge in an amount equal to five percent (5.0%) $0.06 for each dollar past due if Tenant thereafter fails to pay any payment of rent or other amount required under this Lease promptly when due. Such late charge shall be due notwithstanding the fact that no notice is given by Landlord to Tenant of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted)failure to pay. Notwithstanding the foregoing, with regard if on three (3) separate occasions Tenant has received notice from Landlord that it has failed to each regularly scheduled monthly installment of interest payable pursuant to this Notepay rent, such late charge expenses or other amounts promptly when due, Tenant shall not become due and payable to Lender so long as pay Monthly Rental for the Borrower makes such payment on or prior to the tenth (10th) calendar day following the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part balance of the unpaid principal balance term of this NoteLease on a quarterly basis, shall bear interest at in advance, on the rate or rates specified in this Note, first day of each such quarter. Landlord and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and Tenant agree that it is would be extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees fix the actual damages sustained by Landlord for such default and that the late charge payable pursuant to or quarterly rental payment set forth in this Section represents is a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason estimate of such late paymentdamages at this time. Landlord anticipates that such damage would include the administrative costs and expenses, the cost of arranging for borrowed funds and such late charge shall be deemed liquidated damages and not additional interest or a penaltyattorneys' fees. The late charge provided in this Section shall be the sole damages which Landlord may recover from Tenant for the delay by Tenant in making any payment within ten (10) days from the date such payment is payable in addition todue until thirty (30) days after the date such payment is due, and but this Section shall not in lieu of, limit Landlord's right to recover any interest payable at the Default Rate other amount due pursuant to Section 8. Notwithstanding anything this Lease, Landlord's damages equivalent to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms amount of the applicable servicing agreement. Any action regarding rent or other payments if this Lease is terminated, Landlord's damages or costs for Tenant failure to pay for a period beyond thirty (30) days from the collection of a Late Charge will be without prejudice date such payment is due, Landlord's cost and expense in connection with any litigation and Landlord's right to any other rightsremedy such as terminating this Lease, and shall not act as a waiver recovering possession of any other rights that the Servicer Premises or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityinjunctive relief.

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any amount payable under this Note Rent or under the Security Instrument or any other Borrower Loan Document is sums due from Tenant are not received by Lender Landlord or by Landlord's designated agent when due, and if Tenant does not cure such amount is failure within five (5) days after the due date (unless applicable law requires a longer period of time before a late charge may be imposed, in which event, such longer period shall be substitutedthe "Grace Period"), Borrower then Tenant shall pay to Lender, immediately and without demand by Lender, Landlord a late charge equal to five percent (5.05%) of such overdue amount (unless applicable law requires the "Late Charge"), plus any costs and reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall have the right to pay Rent during the Grace Period only five (5) times during the Term and, after Tenant has paid Rent during the Grace Period an aggregate of five (5) times, Tenant shall pay to Landlord a lesser amount be charged, in which event such lesser amount shall be substituted)Late Charge on any Rent or other sums due hereunder that are not received by Landlord or Landlord's designated agent when due. Notwithstanding the foregoing, if Tenant establishes and maintains throughout the Term a direct payment or debit arrangement with regard to each regularly scheduled monthly installment of interest payable a bank or financial institution pursuant to this Notewhich the Rent due hereunder is automatically paid to Landlord by electronic transfer on the first day of each month, and if Tenant provides Landlord with evidence of such arrangement, then Landlord shall provide Tenant with notice of any late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or of Rent prior to the tenth (10th) calendar day following the date upon which imposition of a Late Charge. Landlord and Tenant hereby agree that such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid late charges shall be added to and become part of the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this Note, and shall be secured by the Security Instrument and the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents Late Charge represent a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, estimate of the additional expenses Lender cost that Landlord will incur by reason of such Tenant's late payment, payment and such late charge shall not be deemed liquidated damages and not additional interest or construed as a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder Landlord's acceptance of such Late Charge shall not be remitted to Lender and shall instead be paid directly to Servicer, who shall apply such late charges in accordance with the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equity.and remedies granted under this Lease. INITIALS: Landlord Tenant

Late Charge. If The late payment of any amount payable under this Note installment of Annual Rental or under Additional Rent will cause Landlord to incur additional costs, including administration and collection costs and processing and accounting expenses and increased debt service (“Delinquency Costs”). Tenant shall receive, during the Security Instrument term hereof, a grace period (each, a “Grace Period”), not to exceed five (5) days after the due date for any installment of Annual Rental or Additional Rent. No Late Charge as defined herein shall be due as long as the applicable installment of Annual Rental or Additional Rental is paid on or before the expiration of the applicable Grace Period. As to any other Borrower Loan Document is installment of Annual Rent or Additional Rent which Landlord has not received by Lender when prior to the expiration of such amount is due (unless applicable law requires a longer period of time before a late charge may be imposedGrace Period , in which event, such longer period shall be substituted), Borrower Tenant shall pay to Lender, immediately and without demand by Lender, a late charge equal to five three percent (5.03%) of such amount (unless applicable law requires a lesser amount be charged, in which event such lesser amount shall be substituted). Notwithstanding the foregoing, with regard to each regularly scheduled monthly installment of interest payable pursuant Annual Rent or Additional Rent payment which was not paid timely (“Late Charge”) which is agreed to this represent a reasonable estimate of the Delinquency Costs incurred by Landlord. Landlord and Xxxxxx recognize that the damage which Landlord shall suffer as a result of Xxxxxx’s failure to pay such amounts is difficult to ascertain and said Late Charge is the best estimate of the damage which Landlord shall suffer in the event of late payment. So long as any amounts remain outstanding under the State Note, such late charge shall not become due and payable to Lender so long as the Borrower makes such payment on or prior Late Charge will be paid to the tenth (10th) calendar day following Independent Collection Agent to be applied towards the date upon which such payment is due (or the Business Day immediately following such tenth (10th) calendar day if such tenth (10th) calendar day is not a Business Day). Any accrued but unpaid of any late charges shall be added to and become part of due under the unpaid principal balance of this Note, shall bear interest at the rate or rates specified in this State Note, and any remaining balance shall be secured by paid to Landlord. If the Security Instrument and State Note is no longer outstanding, then the other applicable Borrower Loan Documents. Borrower acknowledges that its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, and that it is extremely difficult and impractical to determine those additional expenses. Xxxxxxxx agrees that the late charge payable pursuant to this Section represents a fair and reasonable estimate, taking into account all circumstances existing on the Closing Date, of the additional expenses Lender will incur by reason of such late payment, and such late charge Late Charges shall be deemed liquidated damages and not additional interest or a penalty. The late charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 8. Notwithstanding anything to the contrary in any other Borrower Loan Document, if a Servicer has been appointed by Xxxxxx, any late charges payable hereunder shall not be remitted to Lender and shall instead be paid directly to ServicerLandlord. Late Charges due to Landlord are independent and separate from any Late Charges which Tenant may incur to State by reason of any payment under the State’s Note not being made on or before the due date as a result of Tenant’s failure to timely pay any installment of Annual Rent payable hereunder as and when due, who shall apply such though Landlord acknowledges and agrees that the Independent Collection Agent will utilize the Late Charges paid by Tenant under this Lease to satisfy any late charges in accordance with which may be due under the terms of the applicable servicing agreement. Any action regarding the collection of a Late Charge will be without prejudice to any other rights, and shall not act as a waiver of any other rights that the Servicer or the Lender may have as provided herein, in the other Borrower Loan Documents, or at law or in equityState Note.