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<br />such grant, release, dedication, transfer, petition or amendment and that Lessee
<br />considers such consideration to be fair and adequate, (C) that such grant, release,
<br />dedication, transfer, petition or amendment does .not materially impair Lessee's
<br />use or operation of such Mortgaged Property or adversely affect the value of the
<br />Premises (or does not reduce the fair market value of the Mortgaged Property by
<br />any amount greater than the amount being paid to Borrower for such instrument),
<br />and (D) that, for so long as the Lease shall be in effect, Lessee will perform all
<br />obligations, if any, of Borrower under such instrument and will remain obligated
<br />under the Lease in accordance with its respective terms.
<br />If the consideration payable to Borrower in connection with such grant, release,
<br />dedication, transfer, petition or amendment exceeds 2% of the outstanding principal
<br />amount of the Note, Borrower hereby assigns to Lender and agrees to deliver to Lender
<br />all such consideration actually received by Borrower (less reasonable actual transaction
<br />costs and applicable federal income tax on such proceeds) which shall be applied to the
<br />partial prepayment of the Note, without Make Whole Premium or other penalty.
<br />10. Estoppel Certificates. After request by Lender, Borrower shall within ten (10) days
<br />furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the
<br />amount of the original principal amount of the Nate; (ii) the unpaid principal amount of
<br />the Note; (iii) the rate of interest of the Note; (iv) the date installments of interest and/or
<br />principal were last paid; and (v) that the Note and this Security Instrument are valid, legal
<br />and binding obligations and have not been modified or if modified, giving particulars of
<br />such modification.
<br />Within fifteen (15) days after request by Borrower, and at Borrower's sole cost and
<br />expense (provided that Borrower shall only be required to reimburse Lender far its actual
<br />out-of-pocket costs (including reasonable legal fees and disbursements incurred by
<br />Lender)), Lender shall provide Borrower and/or Transferor, and Grantee, or Transferee,
<br />as applicable, a statement, duly certified (i) setting forth the outstanding principal amount
<br />of the Loan; (ii) confirming whether, to its actual knowledge, without independent
<br />investigation or inquiry, any default exists under the Note, this Security Instrument and
<br />the other Loan Documents; and (iii) attaching a copy of the Note, this Security
<br />Instrument and the other Loan Documents identified on Borrower's request, and
<br />certifying that to its actual knowledge, without independent investigation or inquiry, such
<br />copies are true, correct and complete. Lender shall be required to furnish such certificate
<br />only once a year or in connection with any pending or proposed Sale or Transfer as
<br />contemplated in the Loan Documents.
<br />11. .Chan es in the Laws Re azdin Taxation. If any law is enacted or adopted or amended
<br />after the date of this Security Instrument which deducts the Debt from the value of the
<br />Mortgaged Property far the purpose of taxation or which imposes a tax, either directly or
<br />indirectly, on the Debt or Lender's interest in the Mortgaged Property, Borrower will pay
<br />such tax, with interest and penalties thereon, if any. In the event Lender is advised by
<br />counsel chosen by it that the payment of such tax or interest and penalties by Borrower
<br />would be unlawful or taxable to Lender or unenforceable or provide the basis for a
<br />defense of usury, then in any such event, Lender shall have the option, by written notice
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