Common use of Affiant Clause in Contracts

Affiant. Sworn to and subscribed before me this _____ day of _____________, 2009. _________________________________ NOTARY PUBLIC My Commission Expires:_________________________. STATE OF ____________ ) COUNTY OF __________ ) Before me, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared ______________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the ___________________ of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corporation, successor by merger to Berkshire Life Insurance Company, a Massachusetts corporation, the within named bargainor, and that he as such __________________, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as ________________. WITNESS my hand and official seal at office on this the ____ day of ______________, 2009. ________________________________ NOTARY PUBLIC My Commission Expires: ___________________ EXHIBIT “A” LEGAL DESCRIPTION The following described real property in Memphis, Shelby County, Tennessee: Lots 336, 337, 338 and the northeasterly half of Xxx 000 xx Xxxxxxx X-0 xx xxx Xxxxxxx Xxxxxxxxxx Xxxx Subdivision, as shown on Plat of Record in Plat Book 49 Page 40, in the Register’s Office of Shelby County, Tennessee, and being more particularly described as follows: BEGINNING at a point in the easterly right-of-way (R.O.W.) line of X. X. Xxxxxxxx Boulevard (80' wide R.O.W.); said point being the northwest corner of Xxx 000 xx Xxxxxxx “X-0”, Xxxxxxx Xxxxxxxxxx Xxxx (Xx. 49 Pg. 40), and the southwest corner of Xxx 000 xx Xxxxxxx “X-0” Xxxxxxx Xxxxxxxxxx Xxxx (Xxxx Bk. 56 Pg. 65 as recorded in the Register’s Office of Shelby County, Tennessee) and also being located in the north line of said Section “L-4” of Airport Industrial Park; thence South 59 degrees 22 minutes 21 seconds East along said north line a distance of 506.0 ft. to an iron pin in the east line of said Section “L-4” of Airport Industrial Park; thence South 30 degrees 37 minutes 39 seconds West along said east line a distance of 350.0 ft. to a cross set in the east rail of a railroad track; thence North 59 degrees 22 minutes 21 seconds West a distance of 506.0 ft. to an iron pin in said easterly R.O.W. line of X. X. Xxxxxxxx Boulevard; thence North 30 degrees 37 minutes 39 seconds East along said easterly R.O.W. line a distance of 350.0 ft. to an iron pin being the POINT OF BEGINNING. EASEMENT PARCEL Together with rights, benefits, and privileges under easement recorded as Instrument No. N8 5616, Register’s Office, Shelby County, Tennessee, for the benefit of the real property described above. Together with rights, benefits and privileges under Agreement recorded as Instrument M9 8171, said Register’s Office. EXHIBIT “B” ENCUMBRANCES AS TO FEE PARCEL

Affiant. Sworn Subscribed and sworn to and subscribed before me this _____ day of ________________, 20092013. tary Public My Commission Expires:_____________ 109 EXHIBIT A TO EXHIBIT D-2 TENNESSEE FORM DEED EXHIBIT B TO EXHIBIT D-2 TENNESSEE FORM DEED 110 EXHIBIT D-3 SOUTH CAROLINA FORM DEED (ANNEXED) 111 Grantee's Address: __________________ TMS No: ________________________ Mail after recording to: __________________ __________________ This instrument was prepared by: ________________ Brief Description For The Index: ___________________________________ NOTARY PUBLIC My Commission Expires:_________________________. STATE OF ____________ ) COUNTY OF __________ ) Before me, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared ______________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the ___________________ of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corporation, successor by merger to Berkshire Life Insurance Company, a Massachusetts corporation, the within named bargainor, and that he as such __________________, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as ________________. WITNESS my hand and official seal at office on this the ____ day of ______________, 2009. ________________________________ NOTARY PUBLIC My Commission ExpiresSOUTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this ___ day of _________________, 20__, by and between: GRANTOR GRANTEE DDR-XXX XXXXX NORTH XXXXXXX MARKET, L.L.C., a Delaware limited liability company c/o Teachers Insurance and Annuity Association of America, 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ____________________, a Virginia limited liability company 000 Xxxxxxx Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx Xxxxx, Xxxxxxxx 00000 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designations Grantor and Grantee as used in this Deed shall include the parties and their successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple all that certain lot or parcel of land situated in the City of ________, 112 County of _________, State of South Carolina, and more particularly described on Exhibit A attached hereto and made a part hereof (the “Property”). The Property was acquired by Grantor by instruments recorded in Book _________, Page _____, [as rerecorded in Book _____, Page ____ EXHIBIT “A” LEGAL DESCRIPTION The following described real property and in MemphisBook ___, Shelby Page ____] in the ___ Office for __________ County, Tennessee: Lots 336, 337, 338 and South Carolina. Maps showing the northeasterly half of Xxx 000 xx Xxxxxxx X-0 xx xxx Xxxxxxx Xxxxxxxxxx Xxxx Subdivision, as shown on Plat of Record Property are recorded in Plat Book 49 ___, Page 40___ and Plat Book ___, Page ____ in the Register’s RMC Office of Shelby for [______________] County, TennesseeSouth Carolina. The Property does not include the primary residence of Grantor. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee that Grantor has done nothing to impair such title as Grantor received, and being more particularly described as follows: BEGINNING at a point in Grantor will warrant and defend the easterly right-of-way (R.O.W.) line title against the lawful claims of X. X. Xxxxxxxx Boulevard (80' wide R.O.W.); said point being the northwest corner of Xxx 000 xx Xxxxxxx “X-0”all persons claiming by, Xxxxxxx Xxxxxxxxxx Xxxx (Xx. 49 Pg. 40)under or through Grantor, and the southwest corner of Xxx 000 xx Xxxxxxx “X-0” Xxxxxxx Xxxxxxxxxx Xxxx (Xxxx Bk. 56 Pg. 65 as recorded in the Register’s Office of Shelby County, Tennessee) and also being located in the north line of said Section “L-4” of Airport Industrial Park; thence South 59 degrees 22 minutes 21 seconds East along said north line a distance of 506.0 ft. to an iron pin in the east line of said Section “L-4” of Airport Industrial Park; thence South 30 degrees 37 minutes 39 seconds West along said east line a distance of 350.0 ft. to a cross set in the east rail of a railroad track; thence North 59 degrees 22 minutes 21 seconds West a distance of 506.0 ft. to an iron pin in said easterly R.O.W. line of X. X. Xxxxxxxx Boulevard; thence North 30 degrees 37 minutes 39 seconds East along said easterly R.O.W. line a distance of 350.0 ft. to an iron pin being the POINT OF BEGINNING. EASEMENT PARCEL Together with rights, benefits, and privileges under easement recorded as Instrument No. N8 5616, Register’s Office, Shelby County, Tennessee, except for the benefit of exceptions hereinafter stated. Title to the real property described aboveProperty is subject to the exceptions set forth on Exhibit B attached hereto and made a part hereof. Together with rights, benefits and privileges under Agreement recorded as Instrument M9 8171, said Register’s Office. EXHIBIT “B” ENCUMBRANCES AS TO FEE PARCEL(SIGNATURE FOLLOWS) 113

Affiant. Sworn METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (on behalf of a commingled separate account) By: BLACKROCK REALTY ADVISORS, INC., its investment advisor By: ______________________________ Name:_____________________________ Title:____________________________ State of ________________________ County of ____________________ Subscribed and sworn to and subscribed before me this ______ day of _____________, 20092006. ________________________________________ NOTARY PUBLIC Notary Public/Justice of Peace My Commission Expires:commission expires: _________________________________ EXHIBIT K SELLER'S AUTHORITY DOCUMENTS I, Jeremy Litt, do certify that I am Assistant Secretary of BlackRock Rexxxx Xxxxxxrs, Inc. ("BlackRock"), which is a corporation organized and existing under the laws of the State of Delaware. STATE OF I do further certify that BlackRock is the Investment Advisor to Tower Fund, a separate account owned by Metropolitan Life Insurance Company, which owns the property commonly known as 12600 Whitewater, Minnetonka, Minnesota (the "PROPERTY"); and X xx xxxxxxx xxxxxxx xxxx xxxxxxxx xx the by-laws of BlackRock and authority delegated by the Board of Directors of BlackRock, the sale of the Property by Metropolitan Life Insurance Company, as Seller, pursuant to the Sale, Purchase and Escrow Agreement dated as of ____________ ) COUNTY OF __________ ) Before me(as amended, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared "AGREEMENT") with __________________________________ as purchaser, with whom for the purchase price of approximately $___________________, has been approved and authorized. I am personally acquainted (or proved to me do further certify that the following named individuals on the basis date hereof, duly held the positions with BlackRock set forth opposite their name below. Each one of satisfactory evidence)them, acting alone, is authorized to represent, act for, and whoexecute any and all documents, upon oathfor and on behalf of Metropolitan Life Insurance Company, acknowledged himself to be or in its capacity as authorized representative, which are required in connection with the sale of the Property and the signatures set opposite their names and offices are their genuine signatures: NAME TITLE SIGNATURE Mario Mirabelli Director __________________________ of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corporation, successor by merger to Berkshire Life Insurance Company, a Massachusetts corporation, the within named bargainor, and that he as such Xxxxxxx Kuhn Director __________________, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as ________________. WITNESS my hand and official _ This certificate is given under seal at office on this the ____ day of ______________, 20092006. ________________________________ NOTARY PUBLIC My Commission Expires: ___________________ Jeremy Litt, Assistant Secretary EXHIBIT “A” LEGAL DESCRIPTION The following described real property in MemphisL Behringer Harvard Real Estate Investments Due Diligence Item List for Purchase & Sale Contract ADA Compliance, Shelby Countystudies/reports Building/Capital Improvements Projects, TennesseeCurrent Building Measurement Surveys by Registered Architect Building Permits Building Plans, Specifications, Paper CADD Disk Business Licenses Capital Improvements, historical/projected, 3 years Certificates of Occupancy: Lots 336Building Tenants Covenants, 337Conditions & Restriction's (Owner association, 338 condo, etc) Easement Information, existing and pending Emergency/Life Safety Systems, Operating Manual Environmental Site Assessment, Existing Financial Items: Aging Reports, Current and past 6 months (month-by-month) Balance Sheet, to date Budget & Narrative, Current Year Excess Operating Expenses Calculations - Current Year Invoices, as requested, copies only Operating Expense Reconciliations (3 previous years) Operating Statements for property, including a general ledger for each year - 3 yrs Rent Roll, Current Security Deposit Listing, Current, LOC's/Guaranty's to be transferred Flooding Info, Historical Floor Plans, as leased Geotechnical Report, if any Ground Lease, if any Insurance Certificate, Current, of Seller and Tenants Insurance Claims, Pending Insurance Claims History Intellectual Property Documents, if any Leases and all amendments and Commencement Date Letters Lease Commission Schedule, 3 previous years Litigation - Pending Management & Leasing Agreement - Existing Occupancy/Vacancy History, 3 previous years O & M Reports (Asbestos, Mold, etc.) Parking Garage Lease/Operating Agreement Parking Space Configuration (Surface and Garage if applicable) Permits & Licenses - Alarm Permits & Licenses - Construction Permits & License - Elevator Permits & License - Engineering Personal Property Inventory including Office Equipment to remain on site Photos of the Building Property Taxes land/improvements current year Property Tax Statements, Personal, Current & Prior 3 yrs Retail tenants, sales data and percentage rent billings Roof Reports Security Incident Reports, for prior 24 months Xxxxxxx Reports Service Contracts Site Plans Stacking Plan Staffing/Payroll Schedule Standard Form of Lease Survey, existing Tenant Contact Information Tenant Financial Statements, if available Tenant Improvement projects, currently under construction (copy of contract(s)) Tenant Improvement Schedule, 3 previous years Title commitment policy of Seller, existing Title Work - Preliminary Title Work - Final Utility Agreements/Power Supply Agreements Utilities, prior 2 years/invoices/summary Utility Security Deposits Warranty, Elevator if applicable Warranty, HVAC Equipment, if applicable Warranty, Mechanical, if applicable Warranty, Roof, if applicable Website/Domain Information Work Order Systems & Operating Manuals Zoning Report, existing if available *Additional material/reports required for the completion of the 3-14 Audit Detailed accrued expense listing for each quarter ended during the current year and the northeasterly half of Xxx 000 xx Xxxxxxx X-0 xx xxx Xxxxxxx Xxxxxxxxxx Xxxx Subdivision, as shown on Plat of Record in Plat Book 49 Page 40, in prior two years Detailed rent straight-line schedule for each quarter ended during the Register’s Office of Shelby County, Tennessee, and being more particularly described as follows: BEGINNING at a point in the easterly right-of-way (R.O.W.) line of X. X. Xxxxxxxx Boulevard (80' wide R.O.W.); said point being the northwest corner of Xxx 000 xx Xxxxxxx “X-0”, Xxxxxxx Xxxxxxxxxx Xxxx (Xx. 49 Pg. 40), current year and the southwest corner prior two years Detail of Xxx 000 xx Xxxxxxx “X-0” Xxxxxxx Xxxxxxxxxx Xxxx the cash receipts and disbursements journal (Xxxx Bk. 56 Pg. 65 as recorded downloaded in the Register’s Office of Shelby County, TennesseeExcel if possible) and also being located in the north line of said Section “L-4” of Airport Industrial Park; thence South 59 degrees 22 minutes 21 seconds East along said north line a distance of 506.0 ft. to an iron pin in the east line of said Section “L-4” of Airport Industrial Park; thence South 30 degrees 37 minutes 39 seconds West along said east line a distance of 350.0 ft. to a cross set in the east rail of a railroad track; thence North 59 degrees 22 minutes 21 seconds West a distance of 506.0 ft. to an iron pin in said easterly R.O.W. line of X. X. Xxxxxxxx Boulevard; thence North 30 degrees 37 minutes 39 seconds East along said easterly R.O.W. line a distance of 350.0 ft. to an iron pin being the POINT OF BEGINNING. EASEMENT PARCEL Together with rights, benefits, and privileges under easement recorded as Instrument No. N8 5616, Register’s Office, Shelby County, Tennessee, for the benefit full prior year and to date for the current year Detailed general ledger report of revenues and expenses for each quarter during the real property described above. Together with rights, benefits current calendar year and privileges under Agreement recorded as Instrument M9 8171, said Register’s Office. the prior two years Detailed income statements by month year-to-date and the prior two years EXHIBIT “B” ENCUMBRANCES AS TO FEE PARCELM Personal Property

Affiant. Sworn to and subscribed before me this day of , 20 Notary My commission expires: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE PREFERENCE CERTIFICATION RE: General Transportation Planning Consultant Services I, _____ day of ____________________________, 2009. ________________________________ (Name) (Title) of_________________________________________________________________________ NOTARY PUBLIC My Commission Expires:(Name of Firm) hereby certify that our firm (____ is) (__________________________ is not) a Department of Transportation (Department) certified Disadvantaged Business Enterprise (DBE). STATE OF ____I also certify that our firm intends to assist the MPO in achieving its annual DBE goal regarding subletting work on the above referenced project(s) to certified Disadvantaged Business Enterprises. I understand that each solicitation for which a contract goal has been established may require CONSULTANT to submit the following information, at the discretion of the MPO, at least 24 hours before commitment of the performance of the contract. The names an addresses of the DBE firms that will participate in the contract; A description of the work that each DBE will perform; The percent or dollar amount of participation of each DBE firm; Written and signed documentation of commitment to use a DBE subconsultant whose participation it submits to meet a contract goal; Written and signed confirmation from the DBE that it is participating in the contract as provided in CONSULTANT’s commitment; and If the contract is not met, evidence of good faith efforts, as defined by the MPO, must be demonstrated. (Check one) ________ Intends to subcontract work to DBE(s) COUNTY OF __________ Does not intend to subcontract work to DBE(s) Before meSince I have indicated above that a portion of the work will be sublet to certified DBE(s), the undersigned, a Notary Public in firms considered as proposed DBE subconsultants/vendors and for the State and County aforesaid, personally appeared types of work to be subcontracted are as follows: DBE SUBCONSULTANTS/VENDORS TYPE OF WORK/COMMODITIES ______________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the ___________________ of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corporation, successor by merger to Berkshire Life Insurance Company, a Massachusetts corporation, the within named bargainor, and that he as such __________________, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as ________________. WITNESS my hand and official seal at office on this the ____ day of ______________, 2009. ________________________________ NOTARY PUBLIC My Commission Expires_____________________________________ ___________________________________ _____________________________________ ___________________________________ _____________________________________ Signed: _____________________________ Title: _____________________________ Date: _____________________________ [Attach applicable DBE Certification letters for consultant and subconsultants] EXHIBIT “A” LEGAL DESCRIPTION The following described real property in Memphis, Shelby County, Tennessee: Lots 336, 337, 338 and the northeasterly half of Xxx 000 xx Xxxxxxx X-0 xx xxx Xxxxxxx Xxxxxxxxxx Xxxx Subdivision, as shown on Plat of Record in Plat Book 49 Page 40, in the Register’s Office of Shelby County, Tennessee, and being more particularly described as follows: BEGINNING at a point in the easterly right-of-way (R.O.W.) line of X. X. Xxxxxxxx Boulevard (80' wide R.O.W.); said point being the northwest corner of Xxx 000 xx Xxxxxxx “X-0”, Xxxxxxx Xxxxxxxxxx Xxxx (Xx. 49 Pg. 40), and the southwest corner of Xxx 000 xx Xxxxxxx “X-0” Xxxxxxx Xxxxxxxxxx Xxxx (Xxxx Bk. 56 Pg. 65 as recorded in the Register’s Office of Shelby County, Tennessee) and also being located in the north line of said Section “L-4” of Airport Industrial Park; thence South 59 degrees 22 minutes 21 seconds East along said north line a distance of 506.0 ft. to an iron pin in the east line of said Section “L-4” of Airport Industrial Park; thence South 30 degrees 37 minutes 39 seconds West along said east line a distance of 350.0 ft. to a cross set in the east rail of a railroad track; thence North 59 degrees 22 minutes 21 seconds West a distance of 506.0 ft. to an iron pin in said easterly R.O.W. line of X. X. Xxxxxxxx Boulevard; thence North 30 degrees 37 minutes 39 seconds East along said easterly R.O.W. line a distance of 350.0 ft. to an iron pin being the POINT OF BEGINNING. EASEMENT PARCEL Together with rights, benefits, and privileges under easement recorded as Instrument No. N8 5616, Register’s Office, Shelby County, Tennessee, for the benefit of the real property described above. Together with rights, benefits and privileges under Agreement recorded as Instrument M9 8171, said Register’s Office. EXHIBIT “B” ENCUMBRANCES AS TO FEE PARCELG CONSULTANT