Common use of Unsecured Obligations Clause in Contracts

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s appraisal of the Collateral is such that Indemnitee is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement and the other Loan Documents and that Indemnitee would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement or the security interests or other collateral described in the Pledge Agreement or the other Loan Documents, it being the intent of Indemnitee to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s Lender's appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s appraisal of the Collateral Properties is such that Indemnitee is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge AgreementMortgage, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement, the Assumption Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement or the security interests or other collateral described in the Pledge Agreement or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement, the Assumption Agreement or the other Loan Documents or the liens or security interests created therein. 27 Environmental Indemnity Agreement (Mezzanine Loan) IN WITNESS WHEREOF, this Agreement has been executed by Indemnitors and is effective as of the day and year first above written.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Properties is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement, the Assumption Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Mortgage, the Loan Agreement, the Loan Assumption Agreement or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that IndemniteeLender’s appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ Indemnitor’s indemnity set forth herein among the obligations secured by the Pledge Agreement Security Instrument and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors Indemnitor contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Security Instrument and secured thereby, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Pledge Agreement Security Instrument or the security interests or other collateral described in the Pledge Agreement Security Instrument or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Pledge Agreement, the Loan Agreement Security Instrument or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s Lender's --------------------- appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s Lender's appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Security Instrument and the other Loan Documents and that Indemnitee Lender would not enter into consent to the sale of the Property to, and the assumption of the Loan Agreement by, Assumptor but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Assumptor set forth in the Loan Agreement and/or the Pledge Agreement Security Instrument and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Security Instrument or the security interests or other collateral described in the Pledge Agreement Security Instrument or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Security Instrument or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Mortgage or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement, the Assumption Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement or the security interests or other collateral described in the Pledge Agreement or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement, the Assumption Agreement or the other Loan Documents or the liens or security interests created therein.. 26 Environmental Indemnity Agreement (Mezzanine Loan)

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s --------------------- Lender's appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal recourse liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Deed of Trust and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeBeneficiary’s appraisal of the Collateral Property is such that Indemnitee is Administrative Agent and Lenders are not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgages and the other Loan Documents and that Indemnitee Lenders would not enter into make the Loan Agreement Loans but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement Mortgages and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgages or the security interests or other collateral described in the Pledge Agreement Mortgages or the other Loan Documents, it being the intent of Indemnitee Administrative Agent and the Lenders to create separate obligations of Indemnitors Indemnitors, and each of them, hereunder which can be enforced against Indemnitors Indemnitors, and each of them, without regard to the existence of the Pledge Agreement, the Loan Agreement Mortgages or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s --------------------- Lender's appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents Document and that Indemnitee Lender would not enter into consent to the Loan Agreement Requested Actions but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement Deed of Trust and secured thereby, and assumed by New Borrower, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Properties is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement, the Assumption Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Mortgage, the Loan Agreement, the Loan Assumption Agreement or the other Loan Documents or the liens or security interests created therein.. Environmental Indemnity Agreement Berkadia Loan No. 00-0000000 & 00-0000000 117611427_7

Unsecured Obligations. Indemnitors hereby acknowledge that Indemnitee’s Holder's appraisal of the Collateral Property is such that Indemnitee Holder is not willing to accept the consequences of the inclusion of Indemnitors’ ' indemnity set forth herein among the obligations secured by the Pledge Agreement Security Instrument and the other Loan Documents and that Indemnitee Holder would not enter into make the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Security Instrument and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Security Instrument or the security interests or other collateral described in the Pledge Agreement Security Instrument or the other Loan Documents, it being the intent of Indemnitee Holder to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Security Instrument or the other Loan Documents or the liens or security interests created therein, subject to the limitation on Indemnitors' liability set forth in Section 8 herein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into consent to the Loan Agreement Transfer but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement Mortgage or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement or the security interests or other collateral described in the Pledge Agreement or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement, the Assumption Agreement and/or the Pledge Agreement and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement or the security interests or other collateral described in the Pledge Agreement or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge Agreement, the Loan Agreement, the Assumption Agreement or the other Loan Documents or the liens or security interests created therein.. Environmental Indemnity Agreement (Mezzanine) Berkadia Loan No. 00-0000000 & 00-0000000 117473511_7 Environmental Indemnity Agreement (Mezzanine) Berkadia Loan No. 00-0000000 & 00-0000000 117473511_7

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that Indemnitee’s Lender's appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ Indemnitor's indemnity set forth herein among the obligations secured by the Pledge Agreement Deed of Trust and the other Loan Documents and that Indemnitee Lender would not enter into make the Loan Agreement but for the unsecured personal recourse liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Note and secured therebyby the Deed of Trust, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Pledge Agreement Deed of Trust or the security interests or other collateral described in the Pledge Agreement Deed of Trust or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Pledge Agreement, the Loan Agreement Deed of Trust or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors Indemnitor hereby acknowledge acknowledges that IndemniteeLender’s appraisal of the Collateral Property is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ Indemnitor’s indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into consent to the Loan Agreement Transfer but for the unsecured personal liability undertaken by Indemnitors Indemnitor herein. Indemnitors Indemnitor further hereby acknowledge acknowledges that even though the representations, warranties, covenants or agreements of Indemnitors Indemnitor contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors Borrower set forth in the Loan Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors Indemnitor under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors Indemnitor hereunder which can be enforced against Indemnitors Indemnitor without regard to the existence of the Pledge Agreement, the Loan Agreement Mortgage or the other Loan Documents or the liens or security interests created therein.

Unsecured Obligations. Indemnitors hereby acknowledge that IndemniteeLender’s appraisal of the Collateral Properties is such that Indemnitee Lender is not willing to accept the consequences of the inclusion of Indemnitors’ indemnity set forth herein among the obligations secured by the Pledge Agreement Mortgage and the other Loan Documents and that Indemnitee Lender would not enter into the Loan Agreement but for the unsecured personal liability undertaken by Indemnitors herein. Indemnitors further hereby acknowledge that even though the representations, warranties, covenants or agreements of Indemnitors contained herein may be identical or substantially similar to representations, warranties, covenants or agreements of Indemnitors set forth in the Loan Agreement and/or the Pledge Agreement Mortgage and secured thereby, the obligations of Indemnitors under this Agreement are not secured by the lien of the Pledge Agreement Mortgage or the security interests or other collateral described in the Pledge Agreement Mortgage or the other Loan Documents, it being the intent of Indemnitee Lender to create separate obligations of Indemnitors hereunder which can be enforced against Indemnitors without regard to the existence of the Pledge AgreementMortgage, the Loan Agreement or the other Loan Documents or the liens or security interests created therein.