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201406138
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201406138
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Last modified
7/20/2017 8:56:15 PM
Creation date
9/26/2014 2:35:43 PM
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DEEDS
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201406138
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��14��135 <br /> permitt�d by Pragram �bligations or applicable law, from the date on which such amounts are <br /> payabl� under this Agreement until th� date on �vhich such payments are made by the Master <br /> Tenant to the Secured Party; howe�er, nothing in this Agr�ernent w�l� he deemed to �ive to the <br /> Master Tenant the right to withho�d payment in c�nsideration of the payment of such interest. <br /> 18, DELIVERY �F N�TI�ES. All notices must l�e in writing and sent �a� in <br /> persan, �b� hy certifi�d or registered mail or (c} by o�ernight delivery carrier f�r next or second <br /> day delivery in each case to the address Iisted in the apening paragraph of this Agreement �or if <br /> n�tice of a new addr�ss is gi�en in accnrdan�e with th�s Agreement, the new address�. N�tice <br /> gi�er� in any other manner will not be c�nsidered delivered or given unless and until actually <br /> recei�ed. A notice period w�ll start �i} if mailed, three �3} business days after notice was sent by <br /> certif�ed or registered mail, �ii} the next or secand �usiness day after L�eing deli�ered to a <br /> recognized o�ernight courier service, with arrangements and payments of respecti�e delivery <br /> charges and �i�i� the day the natice was de�ivered in person. Notwithstanding the foregoing, if <br /> applicable law requires or �ermits a particular method of n�tice in ord�r to enforce the <br /> assignment �f leases andlor rents hereunder, then a notice gi�en in complianc� therewith shall <br /> also be deemed effective. <br /> 19. REVIVAL �F SECURITY INTEREST. If the Master Tenant makes a <br /> payment or payments to the Secured Party �or the Secured Party rec�ives any payment or <br /> proceeds af the Collateral} that are subsequently �oided, a�oided, set asid�, annulled, or <br /> disregarded under any bankrupt�y law, state or federal law, cornmon law �r equitable cause, <br /> then, ta the extent of the paym�nt or proceeds received, the 4bligations or part intended to be � <br /> sat�sfied will be re�i�ed and will continue in full for�e and effect as if these payment(s} or <br /> pr�ceeds had not been recei�ed by the Secur�d Party, and the security interest granted herein <br /> sha�l be enforceable as to su�h�bligations as fully as if such payments had ne�er been mad�. <br /> 24, �LAIMS AGAINST SE�URED PARTY. <br /> (a� Notificatian. The Secured Party shall not be in default under this Agreement, <br /> unless a written notice spec�fi�ally setting farth the claim of the Master Tenant sha11 ha�e been <br /> given to Secured Party within ane hundred eighty (1 S�} days after the occurrer�ce of the e�ent <br /> which the Master Tenant alleg�s ga�e rise ta such claim and the Secured Party daes not remedy <br /> or cur�the d�fault, if any, with reasanable promptness thereafter. <br /> �b} Lirnitations. In no event, however, shall the Se�ured Party be �iable to the Master <br /> Tenant, or to any other party claim�ng through the Master Tenant, far any damages �other than <br /> actual, direct, compensatory damages sustair�ed by the �,� Master Tenant as a result vf <br /> such default�, including without lim�tation, indirect, speculative, consequential or punitive <br /> damages, whatever the nature of the breach by the Secured Party of its obligations. In no e��nt <br /> shall the S�cured Party be �iable to the Mast�r Tenant, or to any other party claiming through the <br /> Master Tenant, unless a written notice sp�cifically sett�ng forth the nature of the claim shall ha�e <br /> be�n given ta the Secured Par�y within the time periad specified abo�e. <br /> Previous�ers�ons obsolete Page'!7 af 2a form HUD-9�34�-�RCF�Re�. Q3113} <br /> , <br />
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