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(or portion thereof) if and to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults shall be waived. 83 Mortgagee Not Obligated Under ttrathis First_Ame�rd an�13t QqXqWVmgmlt Agreement. Unless a Mortgagee expressly assumes Owner's Obligations to the City in accordance with f5epti it 8.2- above, no Mortgagee shall in any way be obligated by the provisions of this First Amended and gestated jaw �$ Agreement, nor shall any covenant or any other provision in this _' m_en.ded_andst 0-0"IQ nont Agreement be construed so-to obligate such Mortgagee, Nothing in this E#.ret.Qtnend n.d., gestated Develop nt Agreement shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel to any uses or to construct any improvements thsreenotr�.__.. ortaeo_Paroet, other than those uses or improvements provided for or authorized by this FRA....... d_..and gestated Development Agreement, 8A No Liability. No Mortgagee shall have any personal- liability beyond its interest in the Mortgage Parcel acquired by4t- through enforcement of its Mortgage for the performance or payment of any covenant, liability, warranty or obligation hereunder - and- tbssmdor this First Amondedr�S Restated Dever _ !A- reetn_ant. City agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for payment or discharge of any such covenant, liability, warranty or obligation. FIE No Amendment or Termination. This E.irst Amended and gestated Development Agreement shall not, without the prior written consent of all Mortgagees holding Mortgages on eaehnny portion of the Property -to-be affected- thereby, be amended so -as -to (a) terminate this First Amended and es t v_eln ment Agreement prior to the expiration of the Term hereof—(except as #M( sus . provided In-- SestioR4-. t —above —with respect —ta— such — Property}) or (b) change any provision of this EWPA Amended an- d-Rutatett n Agreement which, by its terms, is Mortgagees, No amendment to this E.ir mended and _Res _ L7e a nment Agreement affecting the Property or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest should it become a party hereto. 65t)WOUM42479 ss asazv s -24- 75A -80