RDA Agmt 1997 Batarse Family Trust etc

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Beneficiary. 8.1.3. In the case of any notice of default given by Landlord to Tenant, the Beneficiary shall thereupon have the same concurrent grace periods as are given Tenant for remedying a default or causing it to be remedied, plus, in each case, an additional period of thirty (30) days after the expiration thereof or after Landlord has served such notice of default upon Beneficiary, whichever is later. Provided that all monetary obligations of Tenant under this Lease shall be duly performed, these grace periods shall be extended as set forth in the respective circumstances below: (i) In those instances which reasonably require the Beneficiary to be in possession of the Premises to cure any default by Tenant, the time herein allowed Beneficiary to cure any default by Tenant shall be deemed extended to include the period of time required by said Beneficiary to obtain such possession with due diligence; and (ii) In those instances in which Beneficiary is prohibited by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Tenant from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, the time herein allowed Beneficiary to prosecute such foreclosure or other proceeding shall be extended for the period of such prohibition. 8.1.4. Beneficiary shall, without prejudice to its rights against Tenant, without payment of any penalty to Landlord and within the period and as otherwise provided herein, have the right, but not the obligation, (i) to pay all of the rents due hereunder, (ii) to effect any insurance, (iii) to pay any taxes and assessments, (iv) to make any repairs and improvements, (v) to do any other aet or • thing required of Tenant hereunder or which may be necessary and proper to be done in the performance and observance of the agreements, covenants and conditions hereof, (vi) to remedy any default of Tenant or cause the same to be remedied, (vii) to acquire Tenant's leasehold estate or (viii) to commence foredosure or other appropriate proceedings. For such purposes Landlord and Tenant hereby authorize Beneficiary to enter upon the Premises and to exercise any of Tenant's rights and powers under this Lease, and, subject to the provisions of this Lease, under the Leasehold Deed of Trust. Landlord will accept performance by the Beneficiary of any covenant, condition or agreement on Tenant's part to be performed by Tenant. Notwithstanding anything in Section 8.1.3 to the contrary, provided that all monetary obligations of Tenant shall be duly performed, no default by Tenant shall • Automall Read Board Sign - Ground Lease Final 5/07/97 Page 11 of 22