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201904149 and each of the other documents evidencing or securing the Loan are hereinafter referred to collectively as the "Loan Documents;" WHEREAS, the Borrower has requested that the Lender permit the Borrower to enter into a certain Rate Management Agreement to fix the interest rate for all or a portion of the Indebtedness evidenced by the Note (the "Swap Transaction") pursuant to a certain Rate Management Agreement (as such term is defined in the Loan Agreement); WHEREAS, the Borrower has requested that the Lender agree to extend the Maturity Date of the Note; and WHEREAS, Lender is willing to permit the Borrower to enter into the Swap Transaction pursuant to the Rate Management Agreement and extend the Maturity Date of the Note provided that the Borrower agrees to modify certain of the terms and conditions of the Mortgage, pursuant to and in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Borrower, Borrower and Lender hereby agree as follows: 1. The Assignment of Leases is hereby amended by deleting Section D. on page 1 of the Assignment and inserting in lieu thereof: D. The obligations of Borrower under the Loan Agreement, the Note, the Mortgage, this Assignment, and the other Loan Documents, including without limitation the obligations of Borrower to the Lender under any Rate Management Agreement (as such term is defined in the Loan Agreement) are collectively referred to herein as the "Obligations." 2. The lien of the Assignment and the covenants and agreements therein, except as herein modified, shall be and remain in full force and effect, subject to all of the conditions and provisions contained in the Assignment. 3. This Agreement shall not be deemed to constitute an alteration, waiver, annulment, or variation of any of the terms and conditions of the Assignment except as expressly set forth herein. Except as modified herein, the terms of the Assignment shall continue in full force and effect as originally provided. 4. For purposes of executing this Agreement, a document (or signature page thereto) signed and transmitted by facsimile machine or telecopier is to be treated as an original document. The signature of any party thereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document. At the request of any party, any facsimile or telecopy document is to be reexecuted in original form by the parties who executed the facsimile or telecopy document. No party may raise the use of a facsimile machine or telecopier or the fact that any signature was transmitted through the use of a facsimile or telecopier machine as a defense to the enforcement of this Agreement or any amendment or other document executed in compliance with this Paragraph. 5. This Agreement may be executed by the parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. 6R6712,1 5 1