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(without inquiry or investigation of any nature whatsoever). (a) Seller's breach or default <br /> under the Easement. or (b) any event which may have occurred which, given notice. the <br /> passage of time or both, would constitute a breach or default by Seller under the Easement. <br /> • <br /> J. The individual executing this certificate on behalf of the undersigned entity is <br /> the authorized signatory of such entity, and as such has full power and authority to bind such <br /> entity. <br /> K. The Easement has not been amended (other than by amendments included <br /> above within the definition thereof) and remains in full force and effect. <br /> L. The Common Facilities Management Agreement dated as of November 1, <br /> 1981 referred to in paragraph 3 of the Second Amendment has been terminated and any <br /> amendments made to the Easement therein or in any exhibit thereto are of no further effect <br /> (unless and except to the extent expressly included in the Third Amendment or the Fourth <br /> Amendment). <br /> M. No amounts are owing by Seller to the Undersigned Party or to the Manager <br /> (as defined in the Easement) under Section 4(e)(i) of the Easement. <br /> • <br /> N. To the knowledge of the Undersigned Party, no complaint has been filed <br /> against Seller by any other party to the Easement on account of any failure or alleged failure <br /> of Seller to perform any of its obligations imposed under the Easement. <br /> 0. The Undersigned Party has been informed that The Royal Bank of Scotland <br /> plc ("RBS." and together with its successors and assigns. "Lender") is making a mortgage <br /> loan in the original principal amount of $10.700,000.00 to Buyer to finance Buyer's <br /> acquisition of the Lease, and such mortgage loan shall be secured by a mortgage upon a <br /> leasehold estate demised under the Lease and upon the fee interest in the improvements <br /> thereon (subject to the rights of lessor under the Lease) (as such mortgage may hereafter be <br /> amended, restated. modified and supplemented from time to time, the "RBS Mortgage"). <br /> P. Upon the recordation of the RBS Mortgage with the Recorder, the RBS <br /> Mortgage shall be a First Mortgage within the meaning of and for all purposes under the <br /> Easement. <br /> Notices. The Undersigned Party shall provide, simultaneously with its provision to <br /> Buyer, a copy of any notice of any default, breach, failure, violation or termination of the <br /> Easement to Lender, and no notice of default, breach, failure, violation or termination of the <br /> Easement shall be effective against Lender unless such notice is given in writing to Lender at the <br /> following address or such other address as Lender may designate from time to time in a written <br /> notice to the Undersigned Party: <br /> The Royal Bank of Scotland plc <br /> c/o RBS Financial Products Inc. <br /> 3 <br /> DOCS43807227-N <br /> PH I L 12573277x.2 <br />