Common use of Lender’s Right to Cure Clause in Contracts

Lender’s Right to Cure. If any Condominium Default shall occur and be continuing, or if any party to any Condominium Property Document asserts that a Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property Documents, after notice to the Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Default, including, without limitation, (i) performance or attempted performance of the Borrowers' obligations under the applicable Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice to the Condominium BorrowerLender, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower's obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Easement Default shall occur and be continuing, or if any party to any Condominium Property Document the fee owner asserts that a Condominium an Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsEasement Lender, after notice to the Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower's obligations under the applicable Condominium Property DocumentsEasement, (ii) curing or attempting to cure any actual or purported Condominium Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Property for any or all of such purposes. Upon Lender's request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice and (ii) the Borrowers' right to the Condominium Borrowerterminate Ground Leases in accordance with Section 5.23(A) hereof, Lender Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower's obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Material Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 5.21(C) or if any party Ground Lessor asserts in writing to any Condominium Property Document asserts the Borrower or Lender that a Condominium material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice and (ii) the Borrowers’ right to the Condominium Borrowerterminate Ground Leases in accordance with Section 5.21(A) hereof, Lender Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower’s obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property applicable Ground Lease Site for any or all of such purposes. Upon Lender's ’s written request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Advance Rate.

Lender’s Right to Cure. If any Condominium Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium Ground Lease Default has occurred (whether or not the Borrowers question Borrower questions or deny denies such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice to the Condominium BorrowerLender, Lender upon five (5) Business Days' prior written notice to the BorrowersBorrower, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the applicable Mortgage Borrowers' obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers Borrower shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Default shall occur and be continuing, or if any party to any Condominium Property Document asserts that a Condominium Default has occurred (whether or not the Borrowers question Borrower questions or deny denies such assertion), then, subject to the terms and conditions of the applicable Condominium Property Documents, after notice to the Condominium Borrower, Lender Lender, upon five (5) Business Days' prior written notice to the BorrowersBorrower, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Default, including, without limitation, (i) performance or attempted performance of the Borrowers' Condominium Borrower's obligations under the applicable Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers Borrower shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Ground Lease Default or any Jekyll Island Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium Ground Lease Default or any Jekyll Island Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice to the Condominium BorrowerLender, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Ground Lease Borrowers' obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default or purported Jekyll Island Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Ground Leased Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Default shall occur and be continuing, or if any party to any Mortgaged Condominium Property Document asserts that a Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Mortgaged Condominium Property Documents, after notice to the Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Default, including, without limitation, (i) performance or attempted performance of the Borrowers' obligations under the applicable Mortgaged Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Mortgaged Condominium Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Mortgaged Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Default shall occur and be continuing, or if any party to any Mortgaged Condominium Property Document asserts that a Condominium Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Mortgaged Condominium Property Documents, after notice to the Condominium BorrowerBorrowers, Lender Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Default, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Condominium Mortgage Borrower's obligations under the applicable Mortgaged Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Mortgaged Condominium Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Mortgaged Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium material Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice and (ii) the Borrowers’ right to the Condominium Borrowerterminate Ground Leases in accordance with Section 5.21(A) hereof, Lender Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower’s obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property applicable Ground Lease Site for any or all of such purposes. Upon Lender's ’s request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rateexpenditure.

Lender’s Right to Cure. If any Condominium Ground Lease Default shall occur and be continuingcontinuing under a Ground Lease which would be reasonably likely to result in the termination of such Ground Lease, or if any party to any Condominium Property Document Ground Lessor asserts that such a Condominium Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice and (ii) the Borrowers’ right to terminate Ground Leases in accordance with Section 5.21(A) hereof, the Condominium BorrowerLender, Lender upon five (5) Business Days' ’ prior written notice to the Borrowers, unless the Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect the Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that the Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower’s obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property applicable Ground Lease Site for any or all of such purposes. Upon the Lender's ’s request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. The Lender may pay and expend such sums of money as the Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to the Lender within five (5) Business Days of the written demand of the Lender all such sums so paid or expended by Lender pursuant to this Section 5.26the Lender, together with interest thereon from the date of expenditure at the Default Rateexpenditure.

Lender’s Right to Cure. If any Condominium Easement Default shall occur and be continuing, or if any party to any Condominium Property Document the fee owner asserts that a Condominium an Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsEasement, after notice to the Condominium BorrowerLender, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower's obligations under the applicable Condominium Property DocumentsEasement, (ii) curing or attempting to cure any actual or purported Condominium Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Property for any or all of such purposes. Upon Lender's request, each of the Condominium Borrower Borrowers shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Ground Lease Default or Prime Ground Lease Default shall occur and be continuing, or if any party to any Condominium Property Document Ground Lessor asserts that a Condominium Ground Lease Default or if any Prime Ground Lessor asserts that a Prime Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease or Prime Ground Lease, after notice as applicable, and (ii) the Borrowers' right to the Condominium Borrowerterminate Ground Leases or Prime Ground Lease, Lender as applicable in accordance with Section 5.23(A) hereof, Lender, upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease or Prime Ground Lease, as applicable, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower's obligations under the applicable Condominium Property DocumentsGround Lease or Prime Ground Lease, as applicable, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default or Prime Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium applicable Property for any or all of such purposes. Upon Lender's request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease or Prime Ground Lease, as applicable. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium material Easement Default shall occur and be continuing, or if any party to any Condominium Property Document the fee owner asserts that a Condominium material Easement Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property DocumentsEasement Lender, after notice to the Condominium Borrower, Lender upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground LeaseEasement, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower’s obligations under the applicable Condominium Property DocumentsEasement, (ii) curing or attempting to cure any actual or purported Condominium Easement Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property applicable Site for any or all of such purposes. Upon Lender's ’s request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsEasement. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Rate.

Lender’s Right to Cure. If any Condominium Default Borrower should fail to comply with any of its agreements, covenants or obligations under any Credit Paper, then Lender (in such Borrower's name or in Lender's own name) may perform them or cause them to be performed for such Borrower's account and at such Borrower's expense, but shall occur have no obligation to perform any of them or cause them to be performed. Any and all expenses thus incurred or paid by Lender shall be continuingBorrowers' joint and several obligations to Lender due and payable on demand, or if any party to any Condominium Property Document asserts that a Condominium Default has occurred (whether no demand is sooner made, then they shall be due and payable on, or not the Borrowers question or deny such assertion), then, subject to the terms and conditions of the applicable Condominium Property Documents, after notice to the Condominium Borrower, Lender upon five (5) Business Days' prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Default, including, without limitation, (i) performance or attempted performance of the at Borrowers' obligations under election anytime before, four (4) years after the applicable Condominium Property Documents, (ii) curing or attempting to cure any actual or purported Condominium Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property for any or all of such purposes. Upon Lender's request, the Condominium Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property Documents. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purposerespective dates on which they were incurred, and each shall bear interest from the Borrowers shall pay to date Lender within pays it until five (5) Business Days after Lender bills Borrower therefor at the Stated Rate and from five (5) Business Days after Lender bills Borrower therefor until the date Borrowers repay it to Lender at the Past Due Rate. Upon making any such payment or incurring any such expense, Lender shall be fully and automatically subrogated to all of the written demand rights of Lender all the person, corporation or body politic receiving such sums so paid payment. Any amounts owing by Borrowers, or expended by any of them, to Lender pursuant to this or any other provision of this Agreement shall be secured by all instruments securing the Note. The amount and nature of any such expense and the time when it was paid shall be fully established by the affidavit of Lender or any of Lender's officers or agents. The exercise of the privileges granted to Lender in this Section 5.26shall in no event be considered or constitute a cure of the default or a waiver of Lender's right at any time after an Event of Default to declare the Note to be at once due and payable, together with interest thereon from but is cumulative of such right and of all other rights given by this Agreement, the date Note and the Credit Papers and of expenditure at the Default Rateall rights given Lender by law.

Lender’s Right to Cure. If any Condominium material Ground Lease Default shall occur and be continuing, and notice has been given pursuant to Section 5.21(C) or if any party Ground Lessor asserts in writing to any Condominium Property Document asserts the Borrower or Lender that a Condominium material Ground Lease Default has occurred (whether or not the Borrowers question or deny such assertion), then, subject to (i) the terms and conditions of the applicable Condominium Property DocumentsGround Lease, after notice and (ii) the Borrowers’ right to the Condominium Borrowerterminate Ground Leases in accordance with Section 5.21(A) hereof, Lender Lender, upon five (5) Business Days' ’ prior written notice to the Borrowers, unless Lender reasonably determines that a shorter period (or no period) of notice is necessary to protect Lender's ’s interest in the Ground Lease, may (but shall not be obligated to) take any action that Lender deems reasonably necessary to cure such Condominium Defaultnecessary, including, without limitation, (i) performance or attempted performance of the Borrowers' applicable Borrower’s obligations under the applicable Condominium Property DocumentsGround Lease, (ii) curing or attempting to cure any actual or purported Condominium Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same and (iv) entry upon the Condominium Property applicable Ground Lease Site for any or all of such purposes. Upon Lender's ’s written request, the Condominium each Borrower shall submit satisfactory evidence of payment or performance of any of its obligations under each of the Condominium Property DocumentsGround Lease. Lender may pay and expend such sums of money as Lender in its sole discretion deems necessary or desirable for any such purpose, and the Borrowers shall pay to Lender within five (5) Business Days of the written demand of Lender all such sums so paid or expended by Lender pursuant to this Section 5.26Lender, together with interest thereon from the date of expenditure at the Default Advance Rate.