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~0~00014~~ Lexington Insurance Company to Lender, and the proceeds of such claim shall be used to prepay the Debt. in full (without Make Whole Premium or other prepayment consideration). 7. The Lease. (a) Borrower, by this Security .Instrument and the Assignment has absolutely and unconditionally assigned to Lender, all of Borrower's right, title and interest in the Lease, the Other Leases and the Rents, it being intended by Borrower that such assignment constitutes a present, absolute assignment, subject to the terms and conditions of the Assignment. Borrower represents to Lender that, as of the date hereof, (i) the Lease is in full force and effect, (ii) a true and correct copy of the Lease as amended to the date hereof has been delivered to Lender, (iii) Borrower and, to the best of Borrower's knowledge, Lessee, is not in default under any of the terms, covenants or conditions of the Lease, (iv) Borrower has not delivered to, or received from the Lessee any notice of default under the Lease, and (v) all rents and other sums due and payable under the Lease have been paid in full. (b) Borrower agrees with Lender that Borrower (i) shall observe and perform all the obligations imposed upon the Borrower as lessor under the Lease, keep the Lease in full force and effect and shall not do or permit to be done anything to impair the value of the Lease as a security for the Debt; (ii) shall promptly send copies to Lender of all notices of default which Borrower shall send or receive thereunder; (iii) subject to clause (vii) below, shall enforce all of the terms, covenants and conditions contained in the Lease upon the part of the Lessee thereunder to be observed or performed, short of termination thereof; (iv) shall not execute any other assignment of lessor's interest in the Lease (other than as permitted and in accordance with the terms of paragraph 9 hereof); (v) shall not alter, modify or change the terms of the Lease without the prior written consent of Lender, or cancel or terminate the Lease or accept a surrender thereof or convey or transfer or suffer or permit a conveyance or transfer of the premises demised by the Lease or of any interest therein so as to effect a merger of the estates and rights of, or termination or diminution of the obligations of Lessee thereunder; (vi) shall not waive, consent to, reject, approve or disapprove any material action or inaction requested by Lessee without the prior written consent of Lender, not to be unreasonably withheld, conditioned or delayed, including, without limitation any assignment of or subletting under the Lease (provided, however, that Lender's consent to a subletting or assignment shall not be required if Borrower's consent is not required pursuant to the Lease. and such subletting or assignment is in accordance with the Lease terms); (vii) shall not pursue any remedies under the Lease without the prior written consent of Lender; (viii) upon request of Lender, shall request and use reasonable efforts to obtain an estoppel certificate from Lessee in substantially the form required by the Lease or if not so required, in form and substance reasonably satisfactory to Lender; and (ix) shall execute and deliver at the request of Lender all such further assurances, confirmations and -15-