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Dc"i3ign Envelope!D=E21 E9717-483BA A9-8682-f<952EB7fi3C1 <br /> Section nO2 Notwithstanding sacfion 22.01 but subjw to the terms of dlis Article 23. <br /> Landlord agrees that Tenants shaH have the ri& to encumber, collaterally assign, pledge yr <br /> hypothecate Tenants' interest in the leasehold eswe Created by this Lease. All proceeds from any <br /> Leasehold Mortgage shall mmaiu the groPerty of Tenants. Landlord shall not be obligated to <br /> subordinate any or all of Landlord's right, title or interest in and to the Dealised property or this <br /> Lease 10 the lien of any Leasehold Mortgage. A Leasehold Mortgage shall encumber only Terxants' <br /> leasehold mt-" in the Demised Property and shall not encumber i.ar-4ord's right} We or interest <br /> in the Demised Property. Landlord shall have no liabffity whatsoever for the payment or <br /> perfonmance of any obligation wcuread by any Leasehold Mortgage or rehAed obligations. A <br /> Leasehold Mortgage shall be,and hereafter shall continue at all tomes to be, subject to each and all of <br /> the covenants, conditions and restrictions set forth m Ns lease, and junior, subject and subordinate, <br /> in each and every respec4 to all rights and interests of any Landlord's Mortga ee now or berea.fter <br /> affecting the wised Property, subject to and m accordance with the provisions of the NDA. <br /> Should there he any conflict between the provisions of this Lease and the provisions of any <br /> Leasehold Mortgage, the previsions of this Lease small control. No Leasehold Monpge shall be for <br /> a term longer than the Original Lease Term. Upon written request f-om Tenants, Landlord agr s to <br /> deliver an estoppel certificate and agreer t in favor of Tenants' Under regarding this Lease, in the <br /> form attached hereto as Exhibit B-1, or such other form in substance reasonably ameptable to <br /> Landlord and Tenam' Lender contmro ng the provisions of Exhibit B-1 a /Or such other provisions <br /> as may be reasonably requested by Tenants' Leader. Tenants hereby acknowledges and agrees (a) <br /> that it is Landlord's inter to pledge the D rriised Property to Landlord's Lender on or about the <br /> Commencement Date, (b) that any insM merrts effecting or evidencing such pledge shall at all tunes <br /> be prior m merest to any Uasehold Mortgage subject to and in accordance with the provisions of <br /> the SNDA, and (c) if requested by Landlord's Lender, Tenants shall cause Tenants' Leader to enter <br /> into are agrement in form and ice reasonably acceptable to Landlord's der conffim�that <br /> Tenants' Lender has no interest in the Demised Property other than m Tenants' interest under this <br /> Lease and that any Leasehold Mortgage is subject and subordinate to amy such instruments effecting <br /> or evidencing such pledge. In add#tion, m the event that any Landlord's Lender requires that the <br /> Leasehold Mortgage be temx aced of record and re-recorded in order to ensure priority of any such <br /> instrwierrt effecting or evidencing such pledge, Tenants shall cause the same to occur promptly after <br /> written request, and at Landlord's expeise. Tenants hereby agree not to grant any Leasehold <br /> Mortgages agaamst the Demised Property unless and until u=u=nts securing or evidencing <br /> Landlord's pledge of the f]c ised Property to Lan4ord's larder are recorded against the Demised <br /> Property. If Landlord delivers to Tenants a Defuult notice under this Lease, Landlord sl l notify any <br /> Tents' Lender that has delivered to Landlord a prior written request for such notice, and Landlord <br /> shall recogwe and accept the performance of any obligation of Tenants hereunder by Tenants' <br /> Lender subject to and in accordance with the provisions of Exhibit B-1; provided, however that <br /> notlyiug con€ined herein shall obligare Tenants' Leader to take any such actions. Any act by Tenants <br /> or Tenants' Lender in violation of this Section 2-3.02 shall be null and void and of no force or effect_ <br /> Tenants shall, without charge, at any urne and from time to Ume, within twenty 0) days after Wly <br /> request by Landlord, obtain from Tenants' Lender and deliver to Landlord or any other Person <br /> specified by ]!.andlo4 duly executed and acknowledged, an estoppel certificate certifying (x) copies <br /> of the docq=cn#s creating, eviclencmg and securing the debt secured by any Leasehold Mot ge. ( ) <br /> whether, to the knowledge of Tenants' Lender, any default exists under such Leasehold Mortgage <br /> a39 Page 28 of <br />