R2013-91 AUTHORIZING EXECUTION OF THE REDEVELOPMENT AGREEMENT PREVIOUSLY RECEIVED AND PLACED ON FILE Southside

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13.2 Non-Conflict or Breach. Neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or instrument to which the City is now a party or by which the City is bound. 13.3 Pending Lawsuits. There are no lawsuits either pending or threatened that would affect the ability of the City to perform this Agreement. ARTICLE XIV: MORTGAGE FINANCING AND RIGHTS OF INIORTGAGEES 14.1 Limitation Upon Encumbrance of Property. Prior to the Final Completion of the Police Facility and the Street Improvements, neither the Redeveloper nor any successor in interest to the Police Facility, the Police Facility Site or the Police Facility Lease or any part thereof shall engage in any financing or any other transaction creating a mortgage or other encumbrances or lien upon the Police Facility, the Police Facility Site or the Police Facility Lease, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Police Facility, the Police Facility Site or the Police Facility Lease, except for the purposes of obtaining funds necessary for the construction and development of the Police Facility, the Police Facility Site and the Street Improvements. Prior to the Final Completion of the Police Facility and the Street Improvements, the Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by a mortgage or other similar lien instrument, it proposes to enter into with respect to the Police Facility, the Police Facility Site or the Police Facility Lease and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Police Facility, the Police Facility Site or the Police Facility Lease, whether by voluntary act of the Redeveloper or otherwise. In the event the Redeveloper is in default under this Agreement, the right of the mortgagee to cure the default is governed by Section 14.4 of this Article. 14.2 Mortgage or Leasehold Mortgage Authorized. Upon Final Completion of the Police Facility and the Street Improvements, without City's prior consent, Redeveloper may mortgage or otherwise encumber the Police Facility, the Police Facility Site and the Redeveloper's interest in the Police Facility Lease ("Leasehold Estate"), under one or more Mortgages or Leasehold Mortgages ("Mortgage" or "Leasehold Mortgage") and assign the Police Facility, the Police Facility Site or the Police Facility Lease as security for such Mortgage or Leasehold Mortgage. 14.3 Mortgagee Not Obligated to Construct. Notwithstanding any of the provisions of this Agreement, including, but not limited to those which are or intended to be covenants running with the land, the holder of any mortgage (including any such holder who obtains title to the Police Facility, the Police Facility Site or the Police Facility Lease as a result of foreclosure proceedings, or action in lieu thereof, but not including: (i) any other party who thereafter obtains title to the Police Facility, the Police Facility Site or the Police Facility Lease or such part from or through such holder, or (ii) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no way be obligated by the provisions of this Agreement to construct or complete the Police Facility or the Street Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be so construed to so obligate such holder; provided, that nothing in this Section or any other Section or provision of this Agreement 20