Clause for Mortgage Modification Purporting to Maintain Priority of Lien

It is the intention of the parties hereto that this Agreement shall not constitute a novation and shall in no way adversely affect or impair the lien priority of the modified mortgage. In the event this Agreement, or any portion hereof, or any of the instruments executed in connection herewith shall be construed or shall operate to affect the lien priority of the modified mortgage, then to the extent such instrument creates a charge upon the "Premises", as defined in the modified mortgage, encumbered by the modified mortgage in excess of that contemplated and permitted thereby, and to the extent third parties acquiring an interest in the Premises between the time of recording of the mortgage and the recording hereof are prejudiced hereby, if any, this Agreement shall be void and of no force and effect; provided, however, that notwithstanding the foregoing, the parties hereto, as between themselves, shall be bound by all terms and conditions hereof until all indebtedness evidenced by the Note shall have been paid.