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