Fill and Sign the Exhibit 109 Sec Form

20.03[5] Example 3: Overkill Nondisturbance Agreement(a) Lessee agrees to give Lender by registered or certified mail, return receipt requested as provided in Section 20.01 hereof, (i) a copy of any notice of default served upon Lessor concurrently with the giving of notice to Lessor, and (ii) notice of any intention to terminate the Lease. In the case of any notice of default, such notice of default shall specify the nature and extent of all defaults then existing which Lessee then claims to exist. In the case of any notice of intention to terminate, such notice shall specify the basis for such termination. Notwithstanding any such default by Lessor, and notwithstanding any provision of the Lease or of any law which would afford Lessee the right to terminate the Lease, Lessee shall not be entitled to terminate the Lease or give any notice of such intention to terminate the Lease unless: (x) a notice of default shall have previously been given regarding the default or other condition which is the basis of such termination; and (y) Lender shall have failed to cure the same or otherwise to exercise its rights under this Agreement within the time(s) provided herein. No notice to Lessor of any default by Lessor or of any other event or circumstances for which Lessee could assert the right to terminate the Lease shall be legally effective unless a copy of such notice shall have been given by Lessee as required in the preceding sentences to the Lender. Lessee further agrees that if Lessor shall have failed to cure any default within the time period provided for in the Lease, then Lender shall have the right, but not the obligation, to perform any term, covenant, condition or agreement and to cure such default as set forth in the Lease (and the Lessee shall accept such performance by Lender with the same force and effect as if performed by Lessor), within (x) in the case of a default which can be cured solely by the payment of an ascertainable sum of money ("Monetary Default"), the ten (10) business day period following either the date of Lender's receipt of such notice or the expiration of Lessor's grace period (if any) applicable to the default under the Lease, whichever is later, or (y) in the case of a default other than a Monetary Default (a "Nonmonetary Default"), the thirty (30) day period following either the date of Lender's receipt of such notice or the expiration of the Lessor's grace period applicable to such Nonmonetary Default under the Lease, whichever is later; provided, however, if Lender is not reasonably capable of curing such Nonmonetary Default within such thirty (30) day period, then Lender shall have such additional time as may be necessary to cure such Nonmonetary Default (including such time as may be required to enable Lender to initiate and pursue diligently to completion foreclosure or other remedies under the Mortgages if necessary to effect such cure, and including any time during which Lender may be prohibited from actions under any stay under 11 U.S.C. §§ 101 et seq. [the "Bankruptcy Code"], provided Lender shall promptly commence, and shall thereafter diligently pursue, the remedies necessary to cure such Nonmonetary Default, in which event the Lease shall not be terminated while such remedies are being so diligently pursued. Lender shall not be required to continue to prosecute foreclosure proceedings or other remedies, if and when such default(s) of Lessor of which Lessee shall have notified Lender shall have been cured. (b) If Lessee shall intend, by reason of any default by Lessor which remains uncured within the time periods permitted by the Lease and under this Agreement, to terminate the Lease prior to the stated expiration thereof, Lessee shall notify Lender of such intention (and the reasons therefor) at least thirty (30) days in advance of the proposed effective date for such termination. Lender, in addition to any and all rights hereunder that it may have, shall have the right to prevent a termination of the Lease by curing the default or other circumstances which is the basis for such termination within such thirty day period.