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2-3-2. <br />0 Waiver. Lender may, without affecting the validity of this letter agreement, <br />extend the time for payment of the Loan or alter the terms and conditions of any Loan <br />Agreement, including, but not limited to, any note evidencing all or any part of the Loan and the <br />RBS Mortgage, without the consent of, or notice to, Lessor and without in any manner impairing <br />or otherwise affecting Lender's rights. <br />24.21. Letter Agreement Controls. Landlord and Lessee covenant and agree that the <br />terms of this letter agreement shall govern and control over any inconsistent or contrary <br />provision set forth in the Ground Lease or the MOU. Landlord and Lessee acknowledge and <br />agree that Lender is a third party beneficiary of this letter agreement. Landlord and Lessee <br />acknowledge and agree that either of them or Lender may record this letter agreement in the <br />Office of the Recorder of St. Joseph County, Indiana. <br />2522. Recitals and Exhibits. All of the recitals hereto and all of the exhibits hereto are <br />hereby incorporated herein and made a part hereof. <br />26-.23. Headings. The headings herein are for convenience only and are not part of the <br />provisions hereof and shall not be construed to limit, expand or otherwise modify and provision <br />hereof. <br />IN WITNESS WHEREOF, Landlord and Lessee have each authorized the execution of <br />this Ground Lease /MOU Estoppel Certificate and Agreement as of the _ day of January, 2013. <br />CITY OF SOUTH BEND REDEVELOPMENT COMMISSION <br />Attest: <br />PWA SOUTH BEND, LP <br />By: PWA FBS, LLC, <br />its general partner <br />go <br />Name: <br />7 <br />Error! Unknown document property name. <br />DOGS- #3806964 -V3 <br />