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Wayzata Boulevard West
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2040 Wayzata Boulevard West - 34-118-23-21-0036 - (Orono HRA)
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2040 Wayzata Blvd Land Use - Dunbar
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Senior Housing Issues Easement - File Cabinet 1
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Last modified
8/22/2023 4:55:42 PM
Creation date
10/12/2021 1:14:39 PM
Metadata
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Template:
x Address Old
House Number
2040
Street Name
Wayzata
Street Type
Boulevard
Street Direction
West
Address
2040 Wayzata Boulevard West
Document Type
Land Use
PIN
3411823210036
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Updated
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9.2 of this Lease, to institute from time to time an action or actions for injunctive and/or <br /> other equitable relief. <br /> 9.5 Forbearance. If there is a Mortgage on Tenant's interest in this Lease or the <br /> Development Property, Landlord will not terminate this Lease or Tenant's right of <br /> possession of the Development Property pursuant to Section 9.2 of this Lease, if Holder or <br /> any purchaser or transferee of Tenant's interest in this Lease or the Development by reason <br /> of foreclosure or other proceedings or by deed or assignment in lieu of such proceedings (or <br /> an assignee of Holder or such purchaser or transferee) shall, within one hundred eighty (180) <br /> days after acquiring Tenant's interest in this Lease or the Development, cure all defaults <br /> susceptible of being cured by such entity (or, if such cure would reasonably require more <br /> than one hundred eighty (180) days and thereafter promptly, effectively and continuously <br /> proceed to cure such default). Nothing in this Section shall affect Landlord's right to enforce <br /> any remedy under this Lease for an Event of Default except, so long as Holder is in the <br /> process of curing such Event of Default or foreclosing its Mortgage under this Section, the <br /> right to terminate this Lease or Tenant's right of possession of the Development. <br /> 9.6 Costs. Tenant shall indemnify Landlord against all costs and charges <br /> (including reasonable legal fees) lawfully and reasonably incurred in enforcing payment of <br /> Rent, and in obtaining possession of the Development after an Event of Default of Tenant or <br /> upon expiration or earlier termination of this Lease, or in enforcing any covenant, proviso or <br /> agreement of Tenant contained in this Lease. Landlord shall indemnify Tenant against all <br /> costs and charges (including legal fees) lawfully and reasonably incurred in enforcing any <br /> covenant, proviso or agreement of Landlord contained in this Lease. <br /> 9.7 Waiver of Default. No failure or delay by Landlord or Tenant to insist on <br /> strict performance of any term of this Lease or to exercise any right, power, or remedy upon <br /> a breach of this Lease shall constitute a waiver of such term or such breach. <br /> 9.8 Tenant's Liability. Notwithstanding anything to the contrary provided in this <br /> Lease, it is specifically understood and agreed, such agreement being a primary consideration <br /> for the execution of this Lease by Tenant,that(i) there shall be absolutely no personal <br /> liability on the part of Tenant, or its officers, directors, members, employees and agents, to <br /> Landlord with respect to any of the terms, covenants and conditions of this Lease, and <br /> (ii) Landlord shall look solely to recovering possession of the Development Property in the <br /> event of any breach by Tenant of any of the terms, covenants and conditions of this Lease to <br /> be performed by Tenant. <br /> ARTICLE 10 <br /> MISCELLANEOUS <br /> 10.1 Relationship. Nothing contained in this Lease shall create any relationship <br /> between the parties hereto other than that of lessor and lessee. Landlord and Tenant disclaim <br /> any intention to create a joint venture, partnership or agency relationship. <br />
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