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41 or any portion thereof, and shall benefit the Developer Acquired Property hereunder, and each other person or entity succeeding to an interest in such Developer Acquired Property. 9.4. Notice of Compliance Generally. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe therein the nature and amount of any such Default; and (d) such other information as may reasonably be requested. A Party receiving a request hereunder shall execute and return such certificate within forty-five (45) days following the receipt thereof. In the event that the Party receiving the request hereunder fails to return such certificate within forty-five (45) days, the requesting party may commence the default procedures described in Section 7.1. The Community Development Director shall have the right to execute any certificate requested by Developer hereunder. Developer shall have the right at Developer's sole discretion, to record the Notice of Compliance. ARTICLE X MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE 10.1. Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer’s sole discretion, from encumbering the Developer Acquired Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Developer Acquired Property (“Mortgage”). This Development Agreement shall be superior and senior to any lien placed upon the Developer Acquired Property or any portion thereof after the date of recording this Development Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Development Agreement shall be binding upon and effective against and inure to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Developer Acquired Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise. 10.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 10.1 above, no Mortgagee shall have any obligation or duty under this Development Agreement to perform Developer’s obligations or other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall not be entitled to devote the Developer Acquired Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Development Agreement, or by the Project Approvals and Applicable Rules. 10.3. Notice of Default to Mortgagee; Right of Mortgagee to Cure. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a default, and if City makes a