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r_ <br />J <br />LENDER ACKNOWLEDGEMENT AND AGREEMENT <br />The undersigned, being the lender (the "Lender") under the loan to <br />dated (the "Loan") and beneficiary under the Deed of Trust dated as of the same <br />date (the "Deed of Trust"), hereby agrees that in the event the City exercises its option set forth <br />in Section 16.7.3 of the Property Disposition Agreement, as amended (the "PDA"), Lender and <br />Lender's assigns and successors in interest shall cause the Deed of Trust and any interest the <br />lender may have to in or to all or any portion of the City Property to be released and reconveyed <br />upon the payment by the City of the purchase price set forth in Section 16.7.3 and hereby <br />acknowledges that Lender's Deed of Trust is and shall be subject and subordinate to the City's <br />rights under the PDA; provided, however that notwithstanding the provisions contained in <br />Sections 17.1.1, 17.1.2 and 17.1.3 to the contrary, the City's Repurchase Right, Repurchase <br />Option and Reverter Right shall not be subject and subordinate to Lender's Deed of Trust but <br />Lender's Deed of Trust shall be subject and subordinate to such Rights, during the City Option <br />Election Period described in Section 16.7.3, or any time thereafter in the event the City provides <br />OM with a City Option Notice as provided in Section 16.7.3. <br />06107-0063/LEGAL14200426.1 <br />