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the granting of a Leasehold Mortgage such as documents allowing the leasehold mortgagee to cure defaults by Lessee and documents defining the relationship between a leasehold mortgagee and Lessor after the foreclosure of a Leasehold Mortgage. 25.9 Holding Over. If Lessee does not vacate the Leased Premises upon the expiration or earlier termination of the Lease, Lessee's occupancy of the Leased Premises shall be a "month -to -month" tenancy, subject to all the terms of this Lease applicable to a month -to -month tenancy. 25.10 Estoppel Certificates. Upon Lessor's or Lessee's written request, the other party shall execute, acknowledge and deliver to the requesting party, a written statement certifying: (i) that none of the terms or provisions of this Lease have changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Minimum Rent and other charges and the time period covered by such payments; and (iv) that the other party is not, to the best of the certifying party's knowledge, in default under this Lease (or, if the other party is claimed to be in default, stating why). Such party shall deliver such statement to the requesting party within ten (10) days after the requesting party's request. Any such statement may be given by the requesting party to any prospective purchaser or encumbrancer of Lessor or Lessee's interest in this Lease. 25.11 Nondisturbance Agreements. As a condition to Lessee's obligations under this Lease, Lessor shall, concurrently with the execution of this Lease, deliver to Lessee, a nondisturbance agreement, in form reasonably acceptable to Lessee, executed by all current ground lessors, mortgage holders and deed of trust beneficiaries of the Leased Premises. Such nondisturbance agreement shall provide that if Lessor's interest in the Leased Premises is acquired by any ground lessor, mortgagee or beneficiary under a deed of trust or a purchaser at a foreclosure sale, Lessee shall not be deprived of its rights under this Lease and Lessee's right to quiet possession of the Leased Premises shall not be disturbed as long as Lessee pays rent and performs its obligations under this Lease. If Lessor fails to deliver to Lessee an acceptable nondisturbance agreement from each and every ground lessor, mortgagee and beneficiary under each deed of trust encumbering the Leased Premises, then Lessee may, but shall not be required to, terminate this Lease upon written notice to Lessor at any time thereafter. LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 35 11/13/97 FINAL J.\WPD\CSL\136\0I\AGREE\GOLFCOURWGREEU,EASE.CLN