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200605277
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Last modified
6/13/2006 4:16:13 PM
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6/13/2006 4:16:12 PM
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DEEDS
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200605277
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<br />200605277 <br /> <br />700 Pilgrim Way <br />Green Bay, Wisconsin 54304 <br />Attention: Chief Financial Officer and General Counsel <br />Facsimile No.: (920) 429-4225 and (920) 429-7401 <br /> <br />and <br /> <br />Sun Capital Partners, Inc. <br />5200 Town Center Circle, Suite 470 <br />Boca Raton, Florida 33486 <br />Attention: C. Deryl Couch and Scott King <br />Facsimile No.: (561) 394-0540 <br /> <br />and <br /> <br />Klehr, Harrison, Harvey, Branzburg & Ellers LLP <br />260 South Broad Street, 4th Floor <br />Philadelphia, Pennsylvania 19102 <br />Attention: Bradley A. Krouse, Esq. <br />Facsimile No.: (215) 568-6603 <br /> <br />4. Lender's Rie:ht of Access. Tenant agrees that Lender shall have rights of <br />access to the Properties for the purpose of curing a default under the Lease as granted to <br />Borrower pursuant to the terms ofthe Lease and Lender agrees not to disturb the normal business <br />operations of Tenant at such Properties in connection therewith. <br /> <br />5. Notice to Lender. Notwithstanding anything to the contrary in the Lease <br />or this Agreement, before exercising any offset right or termination right, Tenant agrees that it <br />shall deliver to Lender a copy of any written notice of the breach or default by Borrower giving <br />rise to same (the "Default Notice"), and, thereafter, the opportunity to cure such breach or <br />default as provided for below. <br /> <br />6. Cure. After Lender receives a Default Notice, Lender shall have a period <br />of thirty (30) days beyond the time available to Landlord under the Lease in which to cure the <br />breach or default by Borrower. Lender shall have no obligation to cure (and shall have no <br />liability or obligation for not curing) any breach or default by Borrower, except to the extent that <br />Lender agrees or undertakes otherwise in writing. In addition, as to any breach or default by <br />Lender the cure of which requires possession and control of a Property, provided that Lender <br />undertakes by written notice to Tenant to exercise reasonable efforts to cure or cause to be cured <br />by a receiver such breach or default within the period permitted by this paragraph, Lender's cure <br />period shall continue for such additional time (the "Extended Cure Period") as Lender may <br />reasonably require to either: (a) obtain possession and control of the applicable Property with due <br />diligence and thereafter cure the breach or default with reasonable diligence and continuity; or <br />(b) obtain the appointment of a receiver and give such receiver a reasonable period of time in <br />which to cure the default. <br /> <br />7. Proceeds and Awards. Lender agrees that, notwithstanding any provision <br />hereof to the contrary, provided that Tenant is not in default under the terms of the Lease beyond <br /> <br />4 <br /> <br />(ShopKo - Grand Island, NE (#38)) <br />PHIL! 680988-1 <br />
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