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Tenant may, from time to time, without Landlord's consent or approval, assign, hypothecate, mortgage, pledge or alienate Tenant's leasehold estate and rights hereunder (including Tenant's interest in any subleases, license agreements and concession agreements) to a lender as security for payment of any indebtedness of Tenant incurred for the purpose of the construction, furnishing and operation of the Facility, any remodeling or renovation of the Facility, or any refinancing of such indebtedness; provided that any such lender shall have a good reputation in the business community. Prior to the time that Tenant's Note is repaid in full, in no event shall Tenant borrow any sum of money secured by a Leasehold Mortgage (as defined below) in excess, in the aggregate, of Nineteen Million Dollars ($19,000,000). If requested by Tenant, Landlord agrees to execute its written consent to any such assignment, hypothecation, mortgage, pledge or alienation, which consent shall be in form and content reasonably satisfactory to Tenant and Landlord. In no event shall Landlord have any obligation to subject its interest in the Leased Premises or this Lease to the lien of any mortgage given by Tenant in connection with financing construction of improvements on the Leased Premises or otherwise. Any such lien, whether evidenced by a mortgage, deed of trust or otherwise, shall be referred to herein as a "Leasehold Mortgage" and the holder or holders of or beneficiary under any Leasehold Mortgage shall be referred to herein as the "Leasehold Mortgagee." The Leasehold Mortgagee may enforce such Leasehold Mortgage and acquire title to the leasehold estate in any lawful way and, pending foreclosure of such Leasehold Mortgage, the Leasehold Mortgagee may elect to take possession of and operate the Premises and the Facility, or any portion thereof, subject to its Leasehold Mortgage, LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 81 2574001\313983.8