6.B.(1) Waiver and Consent to Mortage for KeyBank Plaza

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terms of this Consent will control and will constitute an amendment to the Lease. SBRC represents to Centier that the Lease is currently in full force and effect and, except as provided in this Consent, has not been amended or modified and that SBRC has no knowledge of any breaches of the Lease by Borrower as of the date hereof. SBRC and Borrower represent and warrant to Centier that: (a) The Lease, in the form delivered to Centier, constitutes the entire agreement between Borrower and SBRC with respect to the Leased Premises (subject to this Consent); other than as provided in this Consent, there are no other agreements, written or verbal, governing the tenancy of Borrower with respect to the Leased Premises. Not in limitation of the foregoing, the term of the Lease, the rental payable under the Lease, and the security deposit (if any) with respect to the Lease are as provided in writing in the Lease. (b) Borrower is in full and complete possession of the Leased Premises demised under the Lease, such possession having been delivered by SBRC pursuant to the Lease and having been accepted by Borrower. (c) The improvements to the Leased Premises that SBRC is required to furnish and/or construct under the Lease have been completed in all respects to the satisfaction of Borrower, and the Leased Premises are open for the use of Borrower, its customers, employees and invitees, and adjoining landowners and the public as set forth in the Lease. (d) The Lease is in full force and effect. To the best of the knowledge of SBRC and Borrower, no default exists on the part of SBRC or Borrower under the Lease, nor does any circumstance currently exist that, but for the giving of notice or the passage of time, or both, would be such a default. (e) SBRC has received no notice of a prior sale, transfer, assignment, hypothecation or pledge of any of Borrower's interests in or to the Lease and/or the Leased Premises. ***** 4