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When Recorded Mail To: <br /> <br />Union Bank of California, N.A. <br />18300 Von Karman Avenue, Suite 200 <br />Irvine, CA 92612 <br />Attn: Asset Management Dept. <br /> <br /> ESTOPPEL CERTIFICATE AND AMENDMENT TO GROUND LEASE <br /> <br />To: Union Bank of California, N.A. ("Bank") <br /> <br />The undersigned certify and agree as follows: <br /> <br />1. ARLINGTON CENTER PARTNERSHIP II, a California general partnership, successor-in- <br />interest to Arlington Center Partnership, a California general partnership ("Lessee"), and T!tE <br />REDEVELOPMENT AGENCY OF TIlE CITY OF RIVERSIDE, CALIFORNIA, a public <br />body, corporate and politic ("Lessor'), entered into a written lease (the "Lease") dated $une 7, 1983, <br />as amended by that certain Amendment to Lease dated October 2, 1990 between Lessor and Lessee, <br />and further amended by that certain Assignment of Lessee's Interest dated August 22, 1994 and <br />recorded August 23, 1994 as instrument #327937 by Lessee in which Lessor leased to Lessee, and <br />Lessee leased fi'om Lessor, certain premises described in such Lease ("Premises"). <br /> <br />2. Lessor hereby consents to Arlington Center Partnership's transfer to Lessee of all of its interest <br />in, and rights and obligations under,.the Lease, which consent shall be deemed to have been given <br />prior to such transfer, and acknowledges that Lessee is for all purposes the lessee under the Lease. <br /> <br />3. The lease constitutes the only agreement between Lessor and Lessee with respect to the Premises. <br /> <br />It. As of the date of this Certificate, the Lease is in full force and effect; Lessee has accepted the <br />premises and is paying rent on a current basis; neither Lessee nor Lessor is in default in the <br />performance of the Lease, has committed any breach of the Lease, has given any notice of default to <br />the other, or has any setoffs, claims, or defenses to the enforcement of the Lease. <br /> <br />5. Notwithstanding anything in the Lease to the contrary: <br /> <br /> a. Lessor consents to Lessee's executing of Deed of Trust covering the premises in favor of <br />Bank, and Lessor and its successors and assigns consent in advance to any subsequent sublease, sale, <br />assignment, transfer or assumption of the Lease of Bank, following a default by Lessee in connection <br />with such Deed of Trust, and also to any "take-out" encumbrance whether attaching prior to or at~er <br />any such default and to the foreclosure and subsequent sublease, sale, assignment, transfer or <br />assumption of the Lease by any such "takeout" lender. Neither Bank nor anyone obtaining the <br />leasehold estate after foreclosure or assignment in lieu of foreclosure shall be personally liable for past <br />defaults, and shall be released from future liability upon assumption of liability by any future <br />transferee. <br /> <br /> <br />