Common use of Lost Notes Clause in Contracts

Lost Notes. In the event that any of the notes secured by mortgages set forth in Exhibit B (the "Lost Notes"), were lost or misplaced by the current owner or its predecessor in interest and have not been delivered to the Lender with the assignment of the mortgages hereinabove set forth, the Borrower hereby agrees that, notwithstanding the fact that the Lost Notes have not been delivered to the Lender, the Borrower remains indebted to the Lender in the full amount of Twenty One Million Three Hundred Thousand and 00/100 Dollars (US $21,300,000.00) as set forth hereinabove and as set forth in and evidenced by the Amended and Restated Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLC Mortgage Note executed by the Borrower of even date herewith, which amount includes the principal balance now remaining unpaid on the Lost Notes. The Borrower further agrees and hereby waives any and all claims and/or rights in any way relating to or arising from the Lost Notes whether as a defense in any action brought by the Lender to enforce any of the terms of this Instrument or collect the full amount due and owing under this Instrument or the Amended and Restated Mortgage Note or otherwise. Borrower hereby indemnifies and holds the Lender harmless from and against any and all costs, liabilities, claims, damages, loss and expenses, including attorney's fees and expenses which at any time may be made, suffered or incurred by the Lender based upon the failure of the Lender to hold, obtain or deliver the Lost Notes. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLC

Lost Notes. In the event that any of the notes secured by mortgages set forth in Exhibit B (the "Lost Notes"), were lost or misplaced by the current owner or its predecessor in interest and have not been delivered to the Lender with the assignment of the mortgages hereinabove set forth, the Borrower hereby agrees that, notwithstanding the fact that the Lost Notes have not been delivered to the Lender, the Borrower remains indebted to the Lender in the full amount of Twenty One Two Hundred Forty Six Million Three Hundred Thousand and 00/100 Dollars (US $21,300,000.00246,000,000.00) as set forth hereinabove and as set forth in and evidenced by the Amended and Restated Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLC Mortgage Consolidated Note executed by the Borrower of even date herewith, which amount includes the principal balance now remaining unpaid on the Lost Notes. The Borrower further agrees and hereby waives any and all claims and/or rights in any way relating to or arising from the Lost Notes whether as a defense in any action brought by the Lender to enforce any of the terms of this Instrument or collect the full amount due and owing under this Instrument or the Amended and Restated Mortgage Consolidated Note or otherwise. Borrower hereby indemnifies and holds the Lender harmless from and against any and all costs, liabilities, claims, damages, loss and expenses, including attorney's fees and expenses which at any time may be made, suffered or incurred by the Lender based upon the failure of the Lender to hold, obtain or deliver the Lost Notes. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLCConsolidation Modification & Extension Agreement CD Form 146 Page 4

Lost Notes. In the event that any of the notes secured by mortgages set forth in Exhibit B (the "Lost Notes"), were lost or misplaced by the current owner or its predecessor in interest and have not been delivered to the Lender with the assignment of the mortgages hereinabove set forth, the Borrower hereby agrees that, notwithstanding the fact that the Lost Notes have not been delivered to the Lender, the Borrower remains indebted to the Lender in the full amount of Twenty One Five Million Three Hundred Thousand and 00/100 Dollars (US $21,300,000.005,000,000.00) as set forth hereinabove and as set forth in and evidenced by the Amended and Restated Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLC Mortgage Note executed by the Borrower of even date herewith, which amount includes the principal balance now remaining unpaid on the Lost Notes. The Borrower further agrees and hereby waives any and all claims and/or rights in any way relating to or arising from the Lost Notes whether as a defense in any action brought by the Lender to enforce any of the terms of this Instrument or collect the full amount due and owing under this Instrument or the Amended and Restated Mortgage Note or otherwise. Borrower hereby indemnifies and holds the Lender harmless from and against any and all costs, liabilities, claims, damages, loss and expenses, including attorney's fees and expenses which at any time may be made, suffered or incurred by the Lender based upon the failure of the Lender to hold, obtain or deliver the Lost Notes. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT INTENTIONALLY BLANK. Consolidation Modification and Extension Agreement Loan # 110628779 110626088 File # 123-30940 30834 ARC NYE61ST001NYWSHST001, LLC, et al.

Lost Notes. In the event that any of the notes secured by mortgages set forth in Exhibit B (the "“Lost Notes"”), were lost or misplaced by the current owner or its predecessor in interest and have not been delivered to the Lender with the assignment of the mortgages hereinabove set forth, the Borrower hereby agrees that, notwithstanding the fact that the Lost Notes have not been delivered to the Lender, the Borrower remains indebted to the Lender in the full amount of Twenty One Seventy Nine Million Three Five Hundred Thousand and 00/100 Dollars (US $21,300,000.0079,500,000.00) as set forth hereinabove and as set forth in and evidenced by the Amended and Restated Loan # 110628779 File # 123-30940 ARC NYE61ST001, LLC Mortgage Consolidated Note executed by the Borrower of even date herewith, which amount includes the principal balance now remaining unpaid on the Lost Notes. The Borrower further agrees and hereby waives any and all claims and/or rights in any way relating to or arising from the Lost Notes whether as a defense in any action brought by the Lender to enforce any of the terms of this Instrument or collect the full amount due and owing under this Instrument or the Amended and Restated Mortgage Consolidated Note or otherwise. Borrower hereby indemnifies and holds the Lender harmless from and against any and all costs, liabilities, claims, damages, loss and expenses, including attorney's ’s fees and expenses which at any time may be made, suffered or incurred by the Lender based upon the failure of the Lender to hold, obtain or deliver the Lost Notes. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. Consolidation Modification & Extension Agreement CD Form 146 Page 4 Loan # 110628779 No. 110686537 File # No. 123-30940 ARC NYE61ST001, LLC33001 04-09-11