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2oioo�99s Surface Lease or the Mortgaged Property demised by such Surface Lease, or waive, excuse, condone or in any way release or discharge the lessor therettnder of and frorn the obligations, cavenants, conditions and agreements by the lessor to be done other than upon termination of the applicable Surface L�ase due to expiration of its stated term, and Mortgag�r does by tlaese presents expressly release, relinquish and assign unto Administrative Agent all its right, power and authority to so cancel, release, terminate or surrender, in any way the terms and provision of any Surface Lease ta be retained by Administrative Agent until this Mortgage has b�en released. Further, without Administrative Agent's prior written consent, Mortgagar will nat, subsequent ta the e�fective date hereof, suf�er or permit any subletting or assignment of any of Mortgagor's interest under any Surface Lease. (iv) No Release. Mortgagar covenants and agrees that no release or forbearance of any of Mortgagor's obligations under any Surface Lease, pursuant to such Surface Lease or otherwise, shall release Mortgagor from any of its obli�atians under this Mortgage, including its obligation with respect to the paym�nt of rent as provided for in said Surface Lease and the performance of a11 the terms, provisians, covenants, conditians and agreernents epntained in such Surface Lease, to be kept, performed az7d complied with by Mortgagor therein. (v) After-Acquired Land. In the event Mortgagor were to acquire the remaining interest in the fee simple of any Mortgaged Property dernised by any Surface Lease or any greater estate to which any Surface Lease relates, the Lien of this Mortgage shall attach, extend to, cover and constitute a Lien upon such fee simple title or greater estate, and it shall be included within the definition of the Mortgaged Property. Mortgagar agrees to execute all instruments and documents which Administrative Agent may reasonably require to ratify, confirm and further evidence the Lien on such acquired estate, title or interest. (vi) No Mer er Provision. Mortgagor covenants and agrees that unless Adrninistrative Agent sha11 otherwise expressly consent in writing, title to the Mortgaged Froperty demised by any Surface Lease and the leasehold estate created by such Surface Lease shall not merge but shall always remain separate and distinct, notwithstanding union vf said estates either in the lessor or in the Administrative Agent or subsequent lessee or third party by purchase or otherwise. (vii) No Liabilitv. Notwithstanding anything to the contrary contained herein, this Mortgage shall not constitute an assignment of any Surface Lease within the meariing of any provisian thereof prohibiting its assignment and Administrative Agent shall have no liability or obligation thereunder by reason of its acceptance af this Mortgage. Administrative Agent shall be liable for the obligations of Mortgagor arising under aaay Surface Lease for only that period of time which Adrninistrative Agent is in possession of the Mortgaged Property demised by such Surface Lease or has acquired, by foreclosure or otherwise, and is holding all of Mortgagor's right, title and interest therein. Section 2.2. Performance on Mortga�or's Behal_f. Mortgagor agrees that, if Mortgagor fails to perfoxm any act or to take any action which hereunder Mortgagor is required to perform f�.�":