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Amendment thereto dated as of December 28, 2010 and Fourth Amendment thereto dated as of August 4, 2011, made by and among Lessee (as successor to I" Source and Center), Jenna Hotel Investments, LLC (as successor to Rahn Properties II, South Bend Joint Venture and Host Hotels & Resorts, LP), and Landlord. 4 -9-17. No FHA. By its acceptance of this letter agreement, Lender represents to Landlord that the RBS Mortgage is not insured by the FHA, and Landlord hereby acknowledges that for so long as the RBS Mortgage is not insured by the FHA, the FHA shall not have any right to a new ground lease under such Section 1401 or any other rights under the Ground Lease. Any rights of FHA provided for in the Ground Lease shall belong to Lender (for so long as the RBS Mortgage is not insured by the FHA). 2&18. No Bonds. Landlord hereby certifies for the benefit of Lender that there are no outstanding bonds or other similar long -term obligations issued by the Landlord or any related governmental subdivision, agency or authority with respect to the Premises. 21 GenderAnation and r a n a SE) long as the Loan, of the seour-ed by the RBS Me—gaeg-ef-effl.-ains Outstanding and unpaid and the RBS Mei4gagee --_—ains ef F-eeafd, 44 the sake ef elafifying the intent of Seetiens 1102 and 1103 of the Gfeund Lease; Landlord and Lessee aeknowledge that afty and all eendemnation PFOeeedS; shall fifst be paid to Lender to he applied to the festeration and Feplaeefnent of the Prefflises a the imprAvements in neeordanee with the temis of the Gfound Lease and the RBS Wi4gage te the extent that the Grou"d Lease is not teFminated and that stteh restefatien and replaeement i peffnittej under eaeb of the Ground Lease and the RBS Wf4gage, and then (or to the extent t the Greand Lease is terminated of that the fefegoing is nat so pemiitted) to the pa��ent in full -af 2-2-.19. Reliance. Landlord agrees that this letter agreement may be relied upon by Lender, its successors and assigns and any nationally recognized statistical rating agency rating any securities issued in connection with the Loan or any portion thereof, and that Lender is an intended third party beneficiary hereof. Lender agrees that this letter agreement m aybe relied upon by Landlord its successors and assigns and that Landlord is an intended third part_ beneficiary hereof. This letter agreement shall inure to the benefit of Lender, its successors and assigns (including, without limitation, each and every owner and holder of the Loan and each person who may succeed to Lessee's interest under the Ground Lease) and shall be binding on Landlord, its heirs, legal representatives, successors and assigns. This letter agreement shall inure to the benefit of Landlord its successors and assigns and shall be binding on the Lender, its legal representatives, successors and assigns. No consent of Landlord shall be required to any assignment of the Loan or any portion thereof by Lender or any of its successors or assigns. No consent of Lender shall be required to any assignment of the Ground Lease or any portion thereof by Landlord or any of its successors or assigns Landlord and the persons executing this certificate on behalf of Landlord have the power and authority to execute this letter agreement. Lender and the persons executing this certificate on behalf of Lender have the power and authority to execute this agreement. Error! Unknown document property name. DOS #3806964 -V3