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Section 23.02 Notwithstanding Section 22.01, but subject to the terms of this Article 23, <br /> Landlord agrees that Tenants shall have the right to encumber, collaterally assign, pledge or <br /> hypothecate Tenants' interest in the leasehold estate created by this Lease. All proceeds from any <br /> Leasehold Mortgage shall remain the property of Tenants. Landlord shall not be obligated to <br /> subordinate any or all of Landlord's right, title or interest in and to the Demised Property or this <br /> Lease to the lien of any Leasehold Mortgage. A Leasehold Mortgage shall encumber only <br /> Tenants' leasehold interest in the Demised Properly and shall not encumber Landlord's right, <br /> title or interest in the Demised Property. Landlord shall have no liability whatsoever for the <br /> payment or performance of any obligation secured by any Leasehold Mortgage or related <br /> obligations. A Leasehold Mortgage shall be, and hereafter shall continue at all times to be, <br /> subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and <br /> junior, subject and subordinate, in each and every respect, to all rights and interests of any <br /> Landlord's Mortgagee now or hereafter affecting the Demised Property, subject to and in <br /> accordance with the provisions of the SNDA. Should there be any conflict between the <br /> provisions of this Lease and the provisions of any Leasehold Mortgage, the provisions of this <br /> Lease shall control. No Leasehold Mortgage shall be for a term longer than the Original Lease <br /> Term. Upon written request from Tenants, Landlord agrees to deliver an estoppel certificate and <br /> agreement in favor of Tenants' Lender regarding this Lease, in the form attached hereto as <br /> Exhibit B-1, or such other form in substance reasonably acceptable to Landlord and Tenants' <br /> Lender containing the provisions of Exhibit 13-1 and/or such other provisions as may be <br /> reasonably requested by Tenants' Lender. Tenants hereby acknowledges and agrees (a) that it is <br /> Landlord's intent to pledge the Demised Property to Landlord's Lender on or about the <br /> Commencement Date, (b) that any instruments effecting or evidencing such pledge shall at all <br /> times be prior in interest to any Leasehold Mortgage subject to and in accordance with the <br /> provisions of the SNDA, and(c)if requested by Landlord's Lender, Tenants shall cause Tenants' <br /> Lender to enter into an agreement in form and substance reasonably acceptable to Landlord's <br /> Lender confirming that Tenants' Lender has no interest in the Demised Property other than in <br /> Tenants' interest under this Lease and that any Leasehold Mortgage is subject and subordinate to <br /> any such instruments effecting or evidencing such pledge. In addition, in the event that any <br /> Landlord's Lender requires that the Leasehold Mortgage be terminated of record and re-recorded <br /> in order to ensure priority of any such instrument effecting or evidencing such pledge, Tenants <br /> shall cause the same to occur promptly after written request, and at Landlord's expense. Tenants <br /> hereby agree not to grant any Leasehold Mortgages against the Demised Property unless and <br /> until instruments securing or evidencing Landlord's pledge of the Demised Property to <br /> Landlord's Lender are recorded against the Demised Property. If Landlord delivers to Tenants a <br /> Default notice under this Lease, Landlord shall notify any Tenants' Lender that has delivered to <br /> Landlord a prior written request for such notice, and Landlord shall recognize and accept the <br /> performance of any obligation of Tenants hereunder by Tenants' Lender subject to and in <br /> accordance with the provisions of Exhibit B-1; provided, however that nothing contained herein <br /> shall obligate Tenants' Lender to take any such actions. Any act by Tenants or Tenants' Lender <br /> in violation of this Section 23.02 shall be null and void and of no force or effect. Tenants shall, <br /> without charge, at any time and from time to time, within twenty (20) days after any request by <br /> Landlord, obtain from Tenants' Lender and deliver to Landlord or any other Person specified by <br />