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AGENCY ESTOPPEL CERTIFICATE <br />(1500 Auto Mall Drive, Santa Ana, California) <br />Agency hereby acknowledges, certifies and agrees to each of the following, with the <br />knowledge and understanding that each of Assignee and the Seller Group members, along with <br />their respective successors and assignees, may rely: <br />1. That Agency hereby consents to the assignment of the DDA from Assignor to <br />Assignee and the encumbrance of the Property with a mortgage by Assignee; <br />2. That from and after the Closing Assignee shall be the Developer, as defined in <br />Sections 106 and 214 of the DDA; <br />3. That the Property has been conveyed from Agency to Assignor; <br />4. That the DDA will be amended as set forth in the amendment to the DDA <br />attached hereto as Exhibit 1; <br />5. That from and after the Closing the provisions of Sections 401, 402 and 406 <br />through 413 of the DDA shall no longer be of any force or effect and Assignee shall have no <br />liability or obligations with respect to Sections 401, 402 or 406 through 413 of the DDA; and <br />6. That upon the Closing, Assignor and each member of the Seller Group shall be <br />released from any further liability to Agency under the DDA. <br />Agency acknowledges tht nothing herein, or related to the negotiation hereof, shall be <br />deemed an admission by Assignor of any matter pertaining to the DDA if the Closing does not <br />occur. <br />COMMUNITY REDEVELOPMENT AGENCY <br />OF THE CITY OF SANTA ANA, a public body, <br />corporate and politic <br />C <br />ATTEST: <br />Agency Secretary <br />Agency Counsel <br />S -1 <br />DOC SOC/ 1496602v2/200272 -0006 <br />1 -28 <br />