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26 201305319 Surface Lease or the Mortgaged Property demised by such Surface Lease, or waive, excuse, condone or in any way release or discharge the lessor thereunder of and from the obligations, covenants, conditions and agreements by the lessor to be done other than upon termination of the applicable Surface Lease due to expiration of its stated term, and Mortgagor does by these presents expressly release, relinquish and assign unto Administrative Agent all its right, power and authority to so cancel, release, terminate or surrender, in any way the terms and provision of any Surface Lease to be retained by Administrative Agent until this Mortgage has been released. Further, without Administrative Agent's prior written consent, Mortgagor will not, subsequent to the effective date hereof, suffer or permit any subletting or assignment of any of Mortgagor's interest under any Surface Lease. (iv) No Release. Mortgagor covenants and agrees that no release or forbearance of any of Mortgagor's obligations under any Surface Lease, pursuant to such Surface Lease or otherwise, shall release Mortgagor from any of its obligations under this Mortgage, including its obligation with respect to the payment of rent as provided for in said Surface Lease and the performance of all the terms, provisions, covenants, conditions and agreements contained in such Surface Lease, to be kept, performed and complied with by Mortgagor therein. (v) After - Acquired Land. In the event Mortgagor were to acquire the remaining interest in the fee simple of any Mortgaged Property demised by any Surface Lease or any greater estate to which any Surface Lease relates, the Lien of this Mortgage shall attach, extend to, cover and constitute a Lien upon such fee simple title or greater estate, and it shall be included within the definition of the Mortgaged Property. Mortgagor agrees to execute all instruments and documents which Administrative Agent may reasonably require to ratify, confirm and further evidence the Lien on such acquired estate, title or interest. (vi) No Merger Provision. Mortgagor covenants and agrees that unless Administrative Agent shall otherwise expressly consent in writing, title to the Mortgaged Property demised by any Surface Lease and the leasehold estate created by such Surface Lease shall not merge but shall always remain separate and distinct, notwithstanding union of said estates either in the lessor or in the Administrative Agent or subsequent lessee or third party by purchase or otherwise. (vii) No Liability. Notwithstanding anything to the contrary contained herein, this Mortgage shall not constitute an assignment of any Surface Lease within the meaning of any provision thereof prohibiting its assignment and Administrative Agent shall have no liability or obligation thereunder by reason of its acceptance of this Mortgage. Administrative Agent shall be liable for the obligations of Mortgagor arising under any Surface Lease for only that period of time which Administrative Agent is in possession of the Mortgaged Property demised by such Surface Lease or has acquired, by foreclosure or otherwise, and is holding all of Mortgagor's right, title and interest therein. Section 2.2. Performance on Mortgagor's Behalf. Mortgagor agrees that, if Mortgagor fails to perform any act or to take any action which hereunder Mortgagor is required to perform