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200501143
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Last modified
10/17/2011 1:58:10 AM
Creation date
10/18/2005 3:12:15 PM
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DEEDS
Inst Number
200501143
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200501143 <br />within thirty (30) days, the cure period shall be extended for a reasonable period of time <br />provided that the Defaulting Party commences the cure within said thirty (30) day period <br />and thereafter diligently prosecutes the cure to completion. <br />Each Party shall be responsible for the default of its Occupants. <br />11.2 Right to Cure. <br />(a) With respect to any default under Section 11.1, any Non - Defaulting Party <br />shall have the right, but not the obligation, to cure such default by the payment of money <br />or the performance of some other action for the account of and at the expense of the <br />Defaulting Party; provided, however, if an event that would become a default under <br />Section 11.1(b) with the passage of time shall constitute an emergency condition, the <br />Non - Defaulting Party, acting in good faith, shall have the right to cure such failure prior to <br />the passage of the time period set forth in Section 11.1(b) upon such advance notice as is <br />reasonably possible under the circumstances or, if necessary, without advance notice, so <br />long as notice is given as soon as possible thereafter. <br />(b) If any Non - Defaulting Party shall cure a default, the Defaulting Party shall <br />reimburse the Non - Defaulting Party for all costs and expenses incurred in connection with <br />such curative action, plus interest as provided herein, within ten (10) days after receipt of <br />demand therefor, together with reasonable documentation supporting the expenditures <br />made. <br />(c) To effectuate any such cure, the Non - Defaulting Party shall have the right <br />to enter upon the Tract of the Defaulting Party (but not into any Building) to perform any <br />necessary work or furnish any necessary materials or services to cure the default of the <br />Defaulting Party. <br />11.3 Interest. Any time a Party shall not pay any sum payable hereunder to another <br />within five (5) days of the due date, such delinquent Party shall pay interest on such amount from <br />the due date to and including the date such payment is received by the Person entitled thereto, at <br />the lesser of (i) two percent (2 %) per annum plus the prime rate of interest from time to time <br />published by The Wall Street Journal (or that of another publication or of financial institution <br />selected by the Approving Parties if The Wall Street Journal shall cease to publish a prime rate) <br />or (ii) the highest rate permitted by law to be paid on such type of obligation. <br />11.4 Lien Rights. <br />(a) Costs and expenses accruing and /or assessed pursuant to Section 11.2 <br />shall be secured by and constitute a lien against the Defaulting Party's Tract. The lien shall <br />attach and take effect only upon recordation of a claim of lien in the official real estate <br />records of the County of the State in which the Shopping Center is located by the Party <br />making the claim. The claim of lien shall include the following: <br />(i) The name of the lien claimant; <br />(ii) A statement concerning the basis for the claim of lien and identifying <br />the lien claimant as the Non - Defaulting Party; <br />GALEGAL \STORES\NE\GRAND ISLAND\0EA4.WPD <br />11/16104 33 <br />
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