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21 <br />related agreements between Tenant and such Mortgage holder. Any holder of any such Mortgage <br />is herein referred to as “Commission's Mortgagee(s).” Notwithstanding the foregoing, a <br />Commission's Mortgagee may at any time subordinate its Mortgage to this Sublease without <br />Tenant's consent by notice in writing to Tenant, and thereupon this Sublease shall be deemed prior <br />to such Mortgage without regard to their respective dates of execution and delivery and, in that <br />event, such Commission's Mortgagee shall have the same rights with respect to this Sublease as <br />though it had been executed prior to the execution and delivery of any such Mortgage and had been <br />assigned to such Commission's Mortgagee. <br />(b)This Sublease shall be subject to and subordinate to all easements, restrictions, <br />liens, encumbrances, rights-of-way, or other matters affecting the Premises of record. <br />14.3. Estoppel Certificates. Tenant and Commission agree to execute and deliver, within ten <br />(10)days after a request by the other Party, a statement, in writing, certifying to Commission and/or <br />any Party designated by Commission, or Tenant and/or any Party designated by Tenant, as the case <br />may be, that: (a) this Sublease is in full force and effect; (b) the Commencement Date; (c) that Rent <br />is paid currently without any off-set or defense thereto, (d) the amount of Rent, if any, paid in <br />advance; (e) that there are no known uncured defaults by Commission or Tenant, or stating those <br />known and claimed, provided that, in fact, such facts are accurate and ascertainable, and (f) any <br />other information reasonably requested. <br />ARTICLE XV <br />MISCELLANEOUS <br />15.1. Security Deposit. The security deposit paid by Tenant pursuant to a Letter of lntent <br />between the parties shall be carried over by Commission into the Term of this Sublease. The <br />Security Deposit will be held by Commission, without interest, and shall be applied to the Common <br />Expense portion of the First Rental Amount per the Sublease Agreement and thereafter it shall be <br />applied to the full monthly rental payment until depleted. If the Sublease is terminated before <br />depletion of the security deposit, then it may be applied to any liability, costs or damages caused <br />to Commission, including but not limited to cleaning, breakage, repairs, non-payment, and/or non- <br />performance, without waiving or limiting Commission's right to hold Tenant liable for any liability, <br />costs or damage otherwise due. Any portion of the Security Deposit not so expended will be <br />returned forty-five <br />(45) days after termination or expiration of the Sublease and surrender of the Premises and all keys <br />to Commission. <br />15.2. Recordation. The Parties agree that this Sublease shall not be recorded, but upon <br />the request of either Party, a Memorandum of Sublease shall be prepared by Commission, and shall <br />be promptly executed, delivered, and recorded in the Office of the Recorder of St. Joseph County, <br />and the costs of recordation shall be charged to the Party requesting the Memorandum of Sublease. <br />15.3. Notices. Any notice, demand, request or other instrument (any “Notice”) which <br />may be or is required to be given under this Sublease shall be in writing and shall be deemed given <br />and received: (a) on the date of delivery when delivered in person (with receipt for delivery); (b) <br />three (3) business days after deposit with the U.S. Postal Service, when sent by United States <br />certified or registered mail, return receipt requested, postage prepaid; or (c) on the next business