Leases. The list of Leases affecting the Property attached hereto as [Schedule 8.1(c)] is, subject to changes occurring in accordance with [Section 4.3], to Seller’s knowledge, a true, correct and complete list of all of leases or other occupancy agreements encumbering the Property. The copies of such Leases provided or made available to Purchaser pursuant to Section 2.1 are, to Seller’s knowledge, true, correct and complete in all respects. The Leases are each in full force and effect and have not been modified, amended, assigned, or extended. As of the Date of this Agreement, to Seller’s knowledge # there is no default by Seller as landlord under the Apple Leases and # there is no default by Apple under the Apple Leases. Notwithstanding anything to the contrary contained herein, Seller does not represent or warrant that any particular Lease will be in full force and effect as of the Closing or that any particular Lease will be free from default as of Closing.

Leases. This Declaration is intended to be binding upon all lessees and tenants of any Lot, or portion thereof. To ensure the binding effect on tenants and lessees, each Owner agrees, by acceptance of the deed or ground lease by which such Owner acquired title or a leasehold interest in a Lot, not to rent or lease all or any portion of such Owner’s Lot to any person, partnership, corporation, trust, or any other entity except pursuant to a written lease or rental agreement expressly referring to this Declaration pursuant to which # the lessee or tenant accepts the leasehold estate subject to this Declaration, and # the lessee or tenant agrees to perform and comply with the restrictions herein or to permit entry and other actions by the lessor for the purpose of performing and complying with these restrictions.

Leases. Become liable as lessee with respect to any lease of any property (real, personal or mixed), except for the Ground Lease or as otherwise expressly permitted by the Credit Agreement.

Leases. All of the landlord’s interest in and to all of the Leases (as defined in [Section 2.1(b)] below) of the Real Property, including Leases entered into after the date of this Agreement as permitted by this Agreement except for the Excluded Rights;

Leases. All of the landlord’s right, title and interest in and to the tenant leases listed in Exhibit B attached hereto (“Leases”) and all guarantees thereof;

Leases. The originals, or copies should originals not be available, of the Lease and together with all keys in Seller’s possession.

Leases. Other than the leases identified on Exhibit D attached hereto and incorporated herein, there are no leases or possessory rights of others regarding the Real Property.

Leases. [Exhibit B] attached hereto is a true, correct and complete schedule of all mineral rights leases.

Leases. Effective on or prior to Closing, Seller shall, at no cost, expense or liability to Purchaser, terminate all Leases, other than the Cell Tower Leases, and enter into termination agreements to evidence the same (collectively, the “Lease Termination Agreements”). Seller shall: # commence negotiations of such Lease Termination Agreements with the tenants under the Leases, other than the Cell Tower Leases, and diligently pursue the same, # take all actions necessary to remove such tenants and occupants from possession of their respective leased premises prior to Closing, and # promptly provide to Purchaser all material communications related to its covenants under this [Section 7(a)(3)].

Leases. Mortgagor shall not # execute an assignment or pledge of the Rents and/or the Leases other than in favor of Mortgagee; # accept any prepayment of an installment of any Rents prior to the due date of such installment in excess of 30 days in advance; or # except in the ordinary course of Mortgagor's business (which shall include customary rental arrangements relating to the hotel and banquet facilities operated on the Mortgaged Property) enter into any lease; or # amend any of the material terms of any of the Leases without Mortgagee's prior written consent, which consent shall not be withheld if to do so would be detrimental to the Project or the Mortgagor.