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of Claim of Lien against the Landscape Easement Area. A duly recorded and valid Claim of Lien shall constitute a lien upon the fee estate of the Landscape Easement Area; provided, however, that such lien shall at all times be subject and subordinate to, and shall not invalidate or impair in any manner the priority or validity of, (i) all taxes, bonds, assessments, and other levies against the Landscape Easement Area, (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record, (iii) any lease or sublease of all or any portion of the Landscape Easement Area, whether or not of record and whether entered into before or after the date of recordation of the Claim of Lien, (iv) the Declaration, and (v) any easement, public or private, affecting all or any portion of the Landscape Easement Area. Except as set forth herein, the priority of any such Claim of Lien shall date from the date of valid recordation thereof. 8.4. Mortgagee Protection. Upon foreclosure of any mortgage or deed of trust, by judicial foreclosure or power of sale, or upon transfer of a Landscape Easement Area by deed in lieu of foreclosure, the transferee shall take title to the Landscape Easement Area free and clear of any such lien and shall have no obligation to reimburse the City for any amount due to the City in regard to such lien. Notwithstanding the extinguishment of any such lien pursuant to this Section, the amount due to the City in regard to such lien shall continue to be an unsecured personal obligation of the owner of the Landscape Easement Area at the time of recordation of the Claim of Lien, but not an obligation, secured or unsecured, of the transferee. 9. Estoppel Certificates. Upon the written request of Declarant, or any owner or mortgagee of all or any portion of Declarant's Property, the City shall provide a written statement certifying stating (i) that there are no uncured defaults hereunder by Declarant, or any act or event which, with the giving of notice and/or the passage of time, would constitute a default hereunder, (ii) that there are no unsatisfied Claims of Lien affecting all or any portion of the Landscape Easement Area, and (iii) that this Agreement remains in full force and effect without modification. If the City is unable to so certify as to any such matter(s), its written statement shall set forth in reasonable detail the position of the City with respect to any such matter(s). In the event that the City fails to provide such written statement within twenty (20) days following its receipt of a written request therefor, the City shall be conclusively deemed to have provided such written statement in the form requested by Declarant or such owner. 10. Assumption of Obligations; Release. The Declarant to this Agreement is Armstrong Ranch LLC ("Armstrong"). Armstrong intends to convey, among other property, the Landscape Easement Area to the Armstrong Ranch Community Association ("Association"). Upon such conveyance, the Association shall automatically succeed to the rights and obligations of the Declarant under this Agreement and Declarant shall be automatically released from any and all obligations as to the Landscape Easement Area that accrue under this Agreement from and after the close of escrow for the conveyance of the Landscape Easement Area. lt. Insurance. So long as Declarant is performing the maintenance obligations hereunder, Declarant shall arrange for and maintain in effect a policy or policies of insurance providing for (i) workers' compensation insurance in form and in such amounts as comply with applicable state law, and (ii) commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). Such policy or policies shall include an endorsement naming the City as an additional insured thereunder. In the event that Declarant elects to perform the maintenance obligation hereunder through the services of one or more ALR3 50~30265~OOO~AGRMTx485800~3 05/01/03