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- 56 201 400400 under this Security Instrument. In the event that Lessee (rather than a third party) is performing the Remedial Work and an institutional control (such as a deed restriction, environmental land use restriction, environmental easement or activity and use limitation) that restricts the permitted use of or activities on the Mortgaged Property (hereinafter a "Restriction ") is required in order to achieve Commercial Closure, prior to submitting any proposed plan for Remedial Work to a governmental authority which proposes such a Restriction or performing or implementing such Remedial Work or actually recording any Restriction in the relevant real property records, following Lessee's submittal of such Restriction to Lender for review and approval, Borrower and Lender shall approve any such Restriction proposed by Lessee, and to the extent required, Borrower and Lender, as applicable, shall execute, acknowledge and deliver and subordinate the lien of this Security Instrument to any such Restriction, (i) which Restriction requires that the Mortgaged Property will not be used for residential purposes, for a day care facility, or for agricultural purposes, (ii) if the Mortgaged Property is adequately served by a municipal water supply, which Restriction prohibits the use of the ground water underlying the Mortgaged Property, (iii) which Restriction provides for the maintenance of impervious cover, including maintenance of pavements, structures and/or landscaping, (iv) which Restriction provides for the implementation of a soil management plan and/or health and safety plan during site disturbances, and/or (v) which Restriction provides for the installation and maintenance of a vapor barrier and/or mitigation system; provided, that Lessee certifies in writing to Borrower and Lender as to those matters set forth in Sections 2(a), (c), (d), (e), (f), (g) and (h) of Schedule I(A) attached hereto with respect to such Restriction and Guarantor consents to such Restriction in the form set forth in Schedule I(A). Further, Borrower and Lender shall not unreasonably withhold or delay their approval of any other Restriction proposed by Lessee, provided that (A) Lessee certifies in writing to Borrower and Lender as to those matters set forth in Sections 2(a), (c), (d), (e), (f), (g) and (h) of Schedule I(A) attached hereto with respect to such Restriction, (B) Guarantor consents to such Restriction in the form set forth in Schedule I(A), and (C) such Restriction would not reasonably be likely to result in a material decrease in the fair market value of the Mortgaged Property based upon the use of the Mortgaged Property as commercial property (which impact to fair market value can be established by Lessee through delivery to Borrower and Lender of a certification by a Lessee officer, a written update of the original appraisal by an appraiser or a letter prepared by a local broker with ten (10) years experience in the commercial real estate market in which the Mortgaged Property is located). Lender and Borrower acknowledge that if any third party is completing any Remedial Work with respect to the Mortgaged Property and, in connection therewith, either Borrower's or Lessee's consent is required prior to implementing any Restriction, that Lessee shall not consent to or accept such Restriction without the prior written consent of Borrower and Lender, and Borrower and Lender shall not be required to accept or consent to such Restriction except as otherwise provided in this subparagraph (c). Notwithstanding anything herein to the contrary, the foregoing indemnity set forth in this paragraph 32 shall specifically not include (y) any such Costs to the extent relating to Hazardous Substances which are initially placed on, in or under the Mortgaged Property after foreclosure or other taking of title to the Mortgaged Property by Lender,