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EXHIBIT 3 <br /> transfer in lieu of foreclosure. <br /> c. Defaults Not Susceptible to Department Cure. The Department shall not be <br /> required to perform any act which is not susceptible to performance by the <br /> Department, such as to cure a filing or condition of bankruptcy or insolvency or to <br /> cure or commence the cure of any default which is Lessee's failure to pay any lien, <br /> charge or encumbrance which is junior in priority to the Trust Deed, or to pay any <br /> amount owed under an indemnity of Landlord by Lessee based on an event occurring <br /> prior to the Department's possession of the Development. <br /> d. Landlord's Payment of Loan Payments. Landlord agrees that if Landlord cures <br /> Lessee's failure to make any payment due under the Loan, it shall seek <br /> reimbursement of amounts so paid solely from Lessee and the Department shall <br /> have no obligation to pay such amounts to Landlord. <br /> e. Waiver of Breach or Default. On transfer of the Leasehold at any foreclosure <br /> sale under the Trust Deed or by acceptance of a deed in lieu of foreclosure, all <br /> violations, defaults and breaches by Lessee under the Lease, including, without <br /> limitation, nonpayment of rent or other amounts payable under the Lease, shall be <br /> deemed personal obligations of Lessee, and the Department or other Transferee <br /> shall be entitled to the New Lease as described in section 6 below without incurring <br /> or assuming any liability or obligation of, or claim against, Lessee under the Lease. <br /> Nothing in this section shall be deemed a waiver of any claim by Landlord against <br /> Lessee under the Lease. <br /> f. Enforcement Not a Breach. No action taken by the Department to enforce its <br /> rights under any of the documents governing the Loan against either the Landlord or <br /> the Lessee, or both, including, without limitation, any actions taken to collect any <br /> amounts due and owing to the Department or any action to appoint a receiver for the <br /> Development or to otherwise protect the security of the Loan, shall constitute or result <br /> in a breach or violation of the Lease. <br /> g. Status Quo Ante. Any default by Lessee shall not prejudice the Department if the <br /> Department chooses to cure such default within the applicable grace period, and <br /> Landlord acknowledges and agrees that upon the Department's cure of any such <br /> default, the Lease shall be restored status quo ante. <br /> 6. New Lease. <br /> a. Conditions. Section 5 hereof notwithstanding, Landlord agrees to comply with <br /> the requirements of subsection 6.b., if the following conditions specified in this <br /> subsection 6.a. apply: <br /> NPLH Lease Rider Page 7 of 17 <br /> Rev:7/16/2024 <br /> Prep: 6/1/2026 <br /> Dev: Francis Xavier Residence <br /> Assessor's Identification Number:398-303-04,398-303-05,398-303-06 and 398-303-07 <br /> Loan No.: 18-NPLH-12673 <br />