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discretion, City may also place a lien upon the Property, or portion thereof, encumbered <br />by the Mortgage with respect to which Owner has defaulted, to the extent of those costs <br />and expenses. That lien is subject and subordinate to the interest of any Mortgagee <br />under its Mortgage, regardless of the date the Mortgage is created or recorded. <br /> <br />23. Transfers and Assignments. <br /> <br />(a) Owner may not sell, assign or transfer this Agreement, or any of its rights, duties <br />and obligations hereunder, to any person or entity at any time during the term of this <br />Agreement, except with the written approval of City. City's approval shall not <br />unreasonably be withheld. <br /> <br />(b) In no event shall the rights, duties and obligations conferred upon Owner <br />pursuant to this Agreement be at any time transferred or assigned except through a <br />transfer of an interest of Owner in the Property, or a portion thereof. <br /> <br />(c) Upon the sale, transfer or assignment of Owner' rights and interests under this <br />Agreement, Owner is released from any obligations arising subsequent to the effective <br />date of the transfer under this Agreement with respect to the Property, or portion thereof <br />transferred if: <br /> <br />(i) Owner is not then in default under this Agreement; and <br /> <br />(ii) The transferee executes and delivers to City a written agreement in which: <br /> A) The name and address of the transferee is set forth; and <br /> <br /> B) The transferee expressly and unconditionally assumes all of the <br /> obligations of Owner under this Agreement with respect to the <br /> Property, or portion thereof, transferred. <br /> <br /> -19- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />