Common use of Notice and Cure Clause in Contracts

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p) above (a "First Lien Default"), and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection 22(a), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, provided, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) MortgagorXxxxxxxxx's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p23(p) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 23(c),(i) or (r1) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default (which written notice period may run concurrently with the five (5)-day ten [10] day period referred to in Subsection 22(asubsection 23[a]), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty twenty (3020) days from its receipt of notice in which to cure a Noticed Nonmonetary DefaultDefault unless such Nonmonetary Default is not susceptible to cure within such twenty (20) day period, in which case Mortgagor shall commence to cure such Nonmonetary Default within twenty (20) days following notice and diligently prosecute such cure to completion, provided, however, that if Mortgagor will provide Mortgagee with such Noticed information as Mortgagee may reasonably request concerning the status of any attempted cure of any such Nonmonetary Default is reasonably susceptible and the cure of cure, but not any such Nonmonetary Default must be completed to the satisfaction of Mortgagee within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cureof notice in any case. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodcalendar year. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 23 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q22(c),(h),(j),(1),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day 5) day period referred to in Subsection 22(a), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, provided, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this section.

Notice and Cure. Notwithstanding Lender agrees, by its acceptance of this Security Instrument, that notwithstanding anything to the foregoingcontrary contained herein or in any of the other Loan Documents, Mortgagee agrees to give to Mortgagor written notice as upon the occurrence of any default of the type described below of in Subparagraphs (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) of Section 4.1 of this Security Instrument, Lender will not accelerate the maturity of the Note or the secured indebtedness and will not exercise any of its other rights and remedies hereunder or under the other Loan Documents until and unless Lender has first given notice of such default to Borrower, in the manner prescribed in Section 6.12 of this Security Instrument, and Borrower has failed to cure such default within the following periods of time: (a) If such default is a default referred to of the type described in subsection 22(pSubparagraph (a) above (a "First Lien Default")of Section 4.1 of this Security Instrument, and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor Borrower shall have a period of ten (10) days from its receipt and after the effective date of such notice in within which to cure such default; or (b) If such default is a Noticed Monetary Default which written notice period may run concurrently with default of the five type described in Subparagraph (5)-day period referred to in Subsection 22(a)b) of Section 4.1 of this Security Instrument, shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and Borrower shall have a period of thirty (30) days from its receipt and after the effective date of such notice in within which to cure a Noticed Nonmonetary Defaultsuch default. After the occurrence of three (3) such defaults, providedand the giving of notice thereof by Lender, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but Lender shall not be required, obligated to give to Borrower any further notice of a Noticed Monetary Default default or a recurrence of opportunity to cure the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodsame. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge The agreements set forth in this Section 4.2 do not and shall not be deemed to prevent or prohibit Lender from withholding any advances of the Note) except that secured indebtedness, following the occurrence of a default, until and unless such default shall have been cured. If Lender shall fail to give such notice and right to cure to Borrower as provided herein, the sole and exclusive remedy of Borrower for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and right to cure and to have any acceleration of the Debt maturity of the Note and the secured indebtedness postponed or revoked and foreclosure or other exercise proceedings in connection therewith delayed or terminated pending or upon the curing of remedies such default in the manner and during the period of time permitted by such agreement, and Borrower shall have no right to damages or any other type of relief not be prior to the expiration herein specifically set out against Lender, all of which damages or other relief are hereby waived by Borrower. Nothing herein or in any of the applicable other Loan Documents shall XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 35 operate or be construed to add on or make cumulative any cure and/or or grace periods provided specified in Section 22 or in this sectionany of the Loan Documents.

Notice and Cure. Notwithstanding Mortgagee agrees, by its acceptance of --------------- this Mortgage, that notwithstanding anything to the foregoingcontrary contained herein or in any of the other Loan Documents, Mortgagee agrees to give to Mortgagor written notice as upon the occurrence of any default of the type described below of in Subparagraphs (a) Mortgagor's failure to pay any part or (b) of the Debt when due, other than a regularly scheduled monthly payment Section 4.1 of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, Mortgagee will not accelerate the maturity of the Note or the secured indebtedness and will not exercise any of its other rights and remedies hereunder or under the other Loan Document Documents until and unless Mortgagee has first given notice of such default to Mortgagor, in the manner prescribed in Section 6.13 of this Mortgage, and Mortgagor has failed to cure such default within the following periods of time: (a "Noticed Monetary Default"), (ba) If such default is a default referred to of the type described in subsection 22(pSubparagraph (a) above (a "First Lien Default"), and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Noteof Section 4.1 of this Mortgage, Mortgagor shall have a period of ten (10) days from its receipt and after the effective date of such notice in within which to cure such default; or (b) If such default is a Noticed Monetary Default which written notice period may run concurrently with default of the five type described in Subparagraph (5)-day period referred to in Subsection 22(a)b) of Section 4.1 of this Mortgage, shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and Mortgagor shall have a period of thirty (30) days from its receipt and after the effective date of such notice in within which to cure a Noticed Nonmonetary Defaultsuch default. After the occurrence of three (3) such defaults, provided, however, that if such Noticed Nonmonetary Default is reasonably susceptible and the giving of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoingnotice thereof by Mortgagee, Mortgagee may, but shall not be required, obligated to give to Mortgagor any further notice of a Noticed Monetary Default default or a recurrence of opportunity to cure the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodsame. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge The agreements set forth in this Section 4.2 do not and shall not be deemed to prevent or prohibit Mortgagee from withholding any advances of the Note) except that secured indebtedness, following the occurrence of a default, until and unless such default shall have been cured. If Mortgagee shall fail to give such notice and right to cure to Mortgagor, as provided herein, the sole and exclusive remedy of Mortgagor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and right to cure and to have any acceleration of the Debt maturity of the Note and the secured indebtedness postponed or revoked and foreclosure or other exercise proceedings in connection therewith delayed or terminated pending or upon the curing of remedies such default in the manner and during the period of time permitted by such agreement, and Mortgagor shall have no right to damages or any other type of relief not be prior to the expiration herein specifically set out against Mortgagee, all of which damages or other relief are hereby waived by Mortgagor. Nothing herein or in any of the applicable other Loan Documents shall operate or be construed to add on or make cumulative any cure and/or or grace periods provided specified in Section 22 or in this sectionany of the Loan Documents.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p23(p) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 23(c),(i) or (r1) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default (which written notice period may run concurrently with the five (5)-day ten [10] day period referred to in Subsection 22(asubsection 23[a]), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty twenty (3020) days from its receipt of notice in which to cure a Noticed Nonmonetary DefaultDefault unless such Nonmonetary Default is not susceptible to cure within such twenty (20) day period, in which case Mortgagor shall commence to cure such Nonmonetary Default within twenty (20) days following notice and diligently prosecute such cure to completion, provided, however, that if Mortgagor will provide Mortgagee with such Noticed information as Mortgagee may reasonably request concerning the status of any attempted cure of any such Nonmonetary Default is reasonably susceptible and the cure of cure, but not any such Nonmonetary Default must be completed to the satisfaction of Mortgagee within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cureof notice in any case. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodcalendar year. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 23 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (aof(a) MortgagorXxxxxxxxx's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p23(p) above (a "First Lien Default"), and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 23(c), (I) or (rl) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten often (10) days from its receipt the giving of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection 22(a)Default, shall have a period of twenty (20) days from its receipt the giving of notice to cure a First Lien Default and shall have a period of thirty twenty (3020) days from its receipt the giving of notice in which to cure a Noticed Nonmonetary DefaultDefault unless such Nonmonetary Default is not susceptible to cure within such twenty (20) day period, in which case Mortgagor shall commence to cure such Nonmonetary Default within twenty (20) days following notice and diligently prosecute such cure to completion; provided, however, that if Mortgagor will provide Mortgagee with such Noticed information as Mortgagee may reasonably request concerning the status of any attempted cure of any such Nonmonetary Default is reasonably susceptible and the cure of cure, but not any such Nonmonetary Default must be completed to the satisfaction of Mortgagee within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cureof notice in any case. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two (2) times in any twelve-month periodcalendar year. A Noticed Monetary Default and/or a First Lien Default and/or Noticed a Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 23 or in this sectionSection.

Notice and Cure. Notwithstanding the foregoing, Mortgagee Grantee agrees to give to Mortgagor Borrower written notice as described below of (a) Mortgagor's Borrower’s failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this MortgageSecurity Instrument, or any other Loan Document (a "“Noticed Monetary Default"”), (b) a default referred to in subsection 22(p) above (a "“First Lien Default"), ”) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 22(c), (h), (j), (1), (m), (q) or (r) above which is not a Noticed Monetary Default (a "“Noticed Nonmonetary Default"”). Without limiting Mortgagee's Grantee’s rights to impose a late charge for Mortgagor's Borrower’s nonpayment as provided in the Note, Mortgagor Borrower shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection 22(a)Default, shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, provided, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor Borrower may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor Borrower diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee Grantee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's Grantee’s right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection Subsection 22(p) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q22(c), (h), (i), (j), (l), (m), (q), (r) or (rs) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five ten (5)-day 10) day period referred to in Subsection 22(a), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, ; provided, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may shall be permitted up to an additional sixty thirty (6030) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default (other than those referred to in Subsections 22 (c), (e), (h), (i), (j), (k) and (r)) shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this section.

Notice and Cure. Notwithstanding SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay PROPERTY or any part thereof, that prior to exercising any remedies hereunder, the COUNTY shall give SUBRECIPIENT, and its successors and assigns, notice of such default pursuant to section 10 above. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, PROPERTY or any other Loan Document (a "Noticed Monetary Default")part thereof, (b) a that any monetary default referred to in subsection 22(p) above (a "First Lien Default"), and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of be cured within ten (10) days from its receipt of notice in which to cure delivery of written notice. Except as otherwise set forth herein, if a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection 22(a), shall have a period non-monetary default is reasonably capable of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of being cured within thirty (30) days from of delivery of written notice, SUBRECIPIENT, and its receipt successors and assigns, shall have such period to effect a cure prior to exercise of notice in which to cure a Noticed Nonmonetary Default, provided, however, remedies by COUNTY. If the non-monetary default is such that if such Noticed Nonmonetary Default it is not reasonably susceptible capable of cure, but not being cured within such thirty (30) day days of delivery of written notice, and SUBRECIPIENT, and its successors and assigns, (a) initiates corrective action within said period, and (b) diligently, continually, and in good faith works to effect a cure as soon as possible, then Mortgagor may be permitted up SUBRECIPIENT, and its successors and assigns, shall have such additional time as is reasonably necessary to an additional sixty cure the default prior to exercise of any remedies by the COUNTY; but in no event no later than ninety (6090) days to cure from delivery of such default provided that Mortgagor diligently and continuously pursues such curewritten notice. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice If a violation of a Noticed Monetary Default or a recurrence any of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event covenants or provisions of Default for all purposes under this COVENANT AGREEMENT remains uncured after the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge respective time period set forth in this section, COUNTY and its successors and assigns, without regard to whether COUNTY or its successors and assigns is an owner of any land or interest therein to which these covenants relate, may institute and prosecute any proceedings at law or in equity to xxxxx, prevent or enjoin any such violation or attempted violation or to compel specific performance by SUBRECIPIENT, and its successors and assigns, of its obligations hereunder. No delay in enforcing the Note) except that provisions hereof as to any breach or violation shall impair, damage or waive the acceleration right of the Debt COUNTY to enforce the provisions hereof or other exercise to obtain relief against or recover for the continuation or repetition of remedies shall not be prior such breach or violations or any similar breach or violation hereof at any later time. SUBRECIPIENT, on behalf of itself and its successors and assigns, hereby waives and releases any statute of limitations defense in connection with any COUNTY action or proceeding to the expiration of the applicable cure and/or grace periods provided in Section 22 protect, assert, or in this sectionenforce any right or remedy contained herein.

Notice and Cure. Notwithstanding Mortgagee agrees, by its acceptance of this --------------- Mortgage, that notwithstanding anything to the foregoingcontrary contained herein or in any of the other Loan Documents, Mortgagee agrees to give to Mortgagor written notice as upon the occurrence of any default of the type described below of in Subparagraphs (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p) above (a "First Lien Default"), and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qm), (n) or (ro) above which is of Section 4.1 of this Mortgage, Mortgagee will not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's accelerate the maturity of the Note or the secured indebtedness and will not exercise any of its other rights and remedies hereunder or under the other Loan Documents until and unless Mortgagee has first given notice of such default to impose a late charge for Mortgagor's nonpayment as provided , in the Notemanner prescribed in Section 6.13 of this Mortgage, and Mortgagor has failed to cure such default within the following periods of time: (a) If such default is a default of the type described in Subparagraph (a), (m), (n) or (o) of Section 4.1 of this Mortgage, Mortgagor shall have a period of ten (10) days from its receipt and after the effective date of such notice in within which to cure such default; or (b) If such default is a Noticed Monetary Default which written notice period may run concurrently with default of the five type described in Subparagraph (5)-day period referred to in Subsection 22(a)b) of Section 4.1 of this Mortgage, shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and Mortgagor shall have a period of thirty (30) days from its receipt and after the effective date of such notice in within which to cure such default. The occurrence of a Noticed Nonmonetary Defaultdefault, provided, however, that and the failure to cure the same within any applicable cure period if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days the opportunity to cure such default provided that is afforded to Mortgagor diligently hereunder, shall constitute an "Event of Default" under this Mortgage. ---------------- After the occurrence of three (3) such defaults in any consecutive twelve (12) month period, and continuously pursues such cure. Notwithstanding the foregoinggiving of notice thereof by Mortgagee, Mortgagee may, but shall not be required, obligated to give to Mortgagor any further notice of a Noticed Monetary Default default or a recurrence of opportunity to cure the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodsame. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge The agreements set forth in this Section 4.2 do not and shall not be deemed to prevent or prohibit Mortgagee from withholding any advances of the Note) except that secured indebtedness, following the occurrence of a default, until and unless such default shall have been cured. If Mortgagee shall fail to give such notice and right to cure to Mortgagor as provided herein, the sole and exclusive remedy of Mortgagor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and right to cure and to have any acceleration of the Debt maturity of the Note and the secured indebtedness postponed or revoked and foreclosure or other exercise proceedings in connection therewith delayed or terminated pending or upon the curing of remedies such default in the manner and during the period of time permitted by such agreement, and Mortgagor shall have no right to damages or any other type of relief not be prior to the expiration herein specifically set out against Mortgagee, all of which damages or other relief are hereby waived by Mortgagor. Nothing herein or in any of the applicable other Loan Documents shall operate or be construed to add on or make cumulative any cure and/or or grace periods provided specified in Section 22 or in this sectionany of the Loan Documents. ARTICLE 5 - Remedies --------

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) MortgagorXxxxxxxxx's failure to pay any part of the Debt Dabt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p) above (a "First Lien Default"), and (c) a default referred to in Subsections subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for MortgagorXxxxxxxxx's nonpayment as provided in the Note, Mortgagor shall have a period of ten (10ten(10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection subsection 22(a), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default Dafault and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, provided, provided however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p23(p) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 23(c),(i) or (r1) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten five (105) days from its receipt of notice in which to cure a Noticed Monetary Default (which written notice period may run concurrently with the five (5)-day [5] day period referred to in Subsection 22(asubsection 23[a]), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty twenty (3020) days from its receipt of notice in which to cure a Noticed Nonmonetary DefaultDefault unless such Nonmonetary Default is not susceptible to cure within such twenty (20) day period, in which case Mortgagor shall commence to cure such Nonmonetary Default within twenty (20) days following notice and diligently prosecute such cure to completion, provided, however, that if Mortgagor will provide Mortgagee with such Noticed information as Mortgagee may reasonably request concerning the status of any attempted cure of any such Nonmonetary Default is reasonably susceptible and the cure of cure, but not any such Nonmonetary Default must be completed to the satisfaction of Mortgagee within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cureof notice in any case. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodcalendar year. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 23 or in this section.

Notice and Cure. Notwithstanding the foregoing, Mortgagee (i) Senior Lender agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part that it shall not complete a foreclosure sale of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this MortgageProperty, or any other Loan Document portion thereof, or record a deed-in-lieu of foreclosure with respect to the Property, or any portion thereof, (each, a “Foreclosure Remedy”) unless and until the Junior Lienholder has first been given ninety (90) days written notice of the default(s) giving rise to Senior Lender’s right to complete such Foreclosure Remedy (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p) above (a "First Lien Default"“Default Notice”), and the Junior Lienholder has failed, within such ninety (c90) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a day period of ten (10) days from its receipt of notice in which to cure a Noticed Monetary Default which written notice period may run concurrently with the five (5)-day period referred to in Subsection 22(asuch default(s), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty (30) days from its receipt of notice in which to cure a Noticed Nonmonetary Default, ; provided, however, that if the Senior Lender shall be entitled during such Noticed Nonmonetary Default is reasonably susceptible ninety (90) day period to continue to pursue all of cureits rights and remedies under its respective loan documents, including but not limited to acceleration of its note (subject to the de-acceleration provisions set forth below), commencement and pursuit of foreclosure (but not completion of the foreclosure sale), any guaranty (subject to any notice and cure provisions contained therein), and/or any other loan document. All such notices shall be at the address noted below (ii) With respect to the exercise of the cure rights provided above, the following shall apply: (A) Junior Lienholder shall have the right, but not the obligation, to elect to cure the noticed default(s) (the “Noticed Defaults”) by giving the Senior Lender written notice of its intention to cure the Noticed Defaults within such thirty the ninety (3090) day periodcure period described above (the “Cure Period”) and thereafter curing all Noticed Defaults within the Cure Period. (B) If a cure of all the Noticed Defaults is completed within the Cure Period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give Senior Lender will rescind any notice of a Noticed Monetary Default or a recurrence default recorded and request dismissal of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month period. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event receiver who has been appointed, after reimbursement of Default for all purposes under the Loan Documents (of Senior Xxxxxx’s costs, including, without limitation, Mortgagee's reasonable attorneys’ fees and costs. (C) Following the timely cure of all Noticed Defaults by the Xxxxxx Xxxxxxxxxx, the Senior Lender will not exercise its right to collect Default Interest accelerate (or will de-accelerate) the amounts due under the Senior Lender’s loan documents by reason of the Noticed Defaults cured by such Notice Party; provided, however, that nothing herein shall be construed to waive or limit any of Senior Lender’s rights or remedies as to any uncured Noticed Default, or any subsequent default by Borrower. (D) Nothing in this Paragraph 3 is intended to limit or modify any covenant, term, or condition contained in Senior Lender Documents or the Junior Lienholder Documents, including, without limitation, any covenant against creating or recording any liens or encumbrances against the Property without Senior Lender's or Junior Lienholder's prior written approval, as applicable, and any other administrative charge set forth acceleration clause in the NoteSenior Lender Documents or the Junior Lienholder Documents. Nothing in this Paragraph (i) except that is intended to diminish the acceleration rights of Lenders pursuant to California Civil Code Section 2924b, or to diminish the rights of Junior Lienholder to receive notice under applicable law. (iii) If following the occurrence of a default under the Senior Lender Documents but prior to any foreclosure or deed in lieu of foreclosure under the Senior Lender Documents, Xxxxxx Xxxxxxxxxx takes title to or possession of the Debt Property and cures all outstanding defaults under the Senior Lender Documents, Senior Lender hereby agrees not to exercise any rights Senior Lender may have under the Senior Lender Documents to declare a default and accelerate the Senior Lender Loan that arise solely as a result of the transfer of title or possession of the Property to Xxxxxx Xxxxxxxxxx (or, if Senior Lender has already accelerated the Senior Lender Loan, Senior Lender hereby agrees that Senior Xxxxxx will reinstate the Senior Lender Loan at that time) and Senior Lender shall permit the transfer of the entire Property to Junior Lienholder subject to the Senior Lender Documents if and only if each and all of the following conditions have been satisfied in Senior Lender's reasonable determination: (1) Xxxxxx Xxxxxxxxxx has executed the form of Assumption Agreement provided by Senior Lender; and (2) Junior Lienholder cures any existing defaults under the Senior Lender Documents through escrow, and there exists no other exercise event, which, with the giving of remedies notice or the passage of time or both, would constitute an event of default under any of the Senior Lender Documents. In the event the above conditions are met, all existing terms of the Senior Lender Documents will remain in effect. The obligations of Senior Xxxxxx stated herein are expressly conditioned upon the assumption transaction being in compliance with the applicable law and regulations of all government agencies having jurisdiction over Senior Lender at the time of the transfer. The provisions of this paragraph shall apply to the transfer of the Property to Junior Lienholder only and it shall not apply to any other or subsequent transfer to any other party. (iv) As required pursuant to Section 33334.14(a)(4) of the California, Health and Safety Code, Junior Lienholder has determined that an economically feasible alternative method of financing, refinancing or assisting the project situated or to be prior situated on the Property, on substantially comparable terms and conditions to the expiration of the applicable cure and/or grace periods provided in Section 22 or in this sectionSenior Lender Documents, without subordination, is not reasonably available.

Notice and Cure. Notwithstanding Lender agrees, by its acceptance of this Security Instrument, that notwithstanding anything to the foregoingcontrary contained herein or in any of the other Loan Documents, Mortgagee agrees to give to Mortgagor written notice as upon the occurrence of any default of the type described below of in Subparagraphs (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document (a "Noticed Monetary Default"), (b) of Section 4.1 of this Security Instrument, Lender will not accelerate the maturity of the Note or the secured indebtedness and will not exercise any of its other rights and remedies hereunder or under the other Loan Documents until and unless Lender has first given notice of such default to Borrower, in the manner prescribed in Section 6.12 of this Security Instrument, and Borrower has failed to cure such default within the following periods of time: (a) If such default is a default referred to of the type described in subsection 22(pSubparagraph (a) above (a "First Lien Default")of Section 4.1 of this Security Instrument, and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(q) or (r) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor Borrower shall have a period of ten (10) days from its receipt and after the effective date of such notice in within which to cure such default; or (b) If such default is a Noticed Monetary Default which written notice period may run concurrently with default of the five type described in Subparagraph (5)-day period referred to in Subsection 22(a)b) of Section 4.1 of this Security Instrument, shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and Borrower shall have a period of thirty (30) days from its receipt and after the effective date of such notice in within which to cure a Noticed Nonmonetary Defaultsuch default. After the occurrence of three (3) such defaults, providedand the giving of notice thereof by Lender, however, that if such Noticed Nonmonetary Default is reasonably susceptible of cure, but not within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cure. Notwithstanding the foregoing, Mortgagee may, but Lender shall not be required, obligated to give to Borrower any further notice of a Noticed Monetary Default default or a recurrence of opportunity to cure the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodsame. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge The agreements set forth in this Section 4.2 do not and shall not be deemed to prevent or prohibit Lender from withholding any advances of the Note) except that secured indebtedness, following the occurrence of a default, until and unless such default shall have been cured. If Lender shall fail to give such notice and right to cure to Borrower as provided herein, the sole and exclusive remedy of Borrower for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and right to cure and to have any acceleration of the Debt maturity of the Note and the secured indebtedness postponed or revoked and foreclosure or other exercise proceedings in connection therewith delayed or terminated pending or upon the curing of remedies such default in the XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 35 manner and during the period of time permitted by such agreement, and Borrower shall have no right to damages or any other type of relief not be prior to the expiration herein specifically set out against Lender, all of which damages or other relief are hereby waived by Borrower. Nothing herein or in any of the applicable other Loan Documents shall operate or be construed to add on or make cumulative any cure and/or or grace periods provided specified in Section 22 or in this sectionany of the Loan Documents.

Notice and Cure. Notwithstanding the foregoing, Mortgagee agrees to give to Mortgagor written notice as described below of (a) Mortgagor's failure to pay any part of the Debt when due, other than a regularly scheduled monthly payment of principal, interest revenues, escrows or other amounts, required under the Note, this Mortgage, or any other Loan Document due (a "Noticed Monetary Default"), (b) a default referred to in subsection 22(p17(o) above (a "First Lien Default"), ) and (c) a default referred to in Subsections 22(c),(h),(j),(l),(m),(qsubsections 17(c),(i) or (r1) above which is not a Noticed Monetary Default (a "Noticed Nonmonetary Default"). Without limiting Mortgagee's rights to impose a late charge for Mortgagor's nonpayment as provided in the Note, Mortgagor shall have a period of ten five (105) days from its receipt of notice in which to cure a Noticed Monetary Default (which written notice period may run concurrently with the five (5)-day [5] day period referred to in Subsection 22(asubsection 17[a]), shall have a period of twenty (20) days from its receipt of notice to cure a First Lien Default and shall have a period of thirty twenty (3020) days from its receipt of notice in which to cure a Noticed Nonmonetary DefaultDefault unless such Nonmonetary Default is not susceptible to cure within such twenty (20) day period, in which case Mortgagor shall commence to cure such Nonmonetary Default within twenty (20) days following notice and diligently prosecute such cure to completion, provided, however, that if Mortgagor will provide Mortgagee with such Noticed information as Mortgagee may reasonably request concerning the status of any attempted cure of any such Nonmonetary Default is reasonably susceptible and the cure of cure, but not any such Nonmonetary Default must be completed to the satisfaction of Mortgagee within such thirty (30) day period, then Mortgagor may be permitted up to an additional sixty (60) days to cure such default provided that Mortgagor diligently and continuously pursues such cureof notice in any case. Notwithstanding the foregoing, Mortgagee may, but shall not be required, to give notice of a Noticed Monetary Default or a recurrence of the same Noticed Nonmonetary Default more frequently than two times in any twelve-month periodcalendar year. A Noticed Monetary Default and/or First Lien Default and/or Noticed Nonmonetary Default shall nevertheless be an Event of Default for all purposes under the Loan Documents (including, without limitation, Mortgagee's right to collect Default Interest and any other administrative charge set forth in the Note) except that the acceleration of the Debt or other exercise of remedies shall not be prior to the expiration of the applicable cure and/or grace periods provided in Section 22 17 or in this section.