Common use of Environmental Representations and Warranties Clause in Contracts

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiii) fully disclosed to Lender in writing pursuant prior to the Environmental Reportexecution of the Loan Documents; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions in connection with present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain the Environmental Site Assessment of the Property delivered Report, to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")Borrower’s Knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law) in all material respects, and (ii) fully disclosed in amounts not in excess of that necessary to Lender operate the Property for the purposes set forth in writing pursuant the Environmental ReportLoan Agreement which will not result in an environmental condition in, on or under the Property; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is in not, and Borrower has no Knowledge of and has not received any written notice or other communication relating to any existing threat of any Release of Hazardous Substances migrating to onto the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in all material respects in accordance with Environmental Law; (e) Borrower does not know ofthere are not, and Borrower has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to any of the following: (i) any Release or threatened Release of Hazardous Substances at, on or from the Property or the Remediation (defined below) thereof, (ii) of possible liability of Borrower or any Person pursuant to any Environmental LawLaw arising out of or in connection with the Property, (iii) other environmental conditions in connection with the PropertyProperty that could reasonably be expected to result in the Borrower incurring material liability under Environmental Law, or (iv) any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to LenderAdministrative Agent, in writing, any and all material information in Borrower’s or Mortgage Borrower’s possession or otherwise known or available to Borrower relating to any material environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to Properties or any reports relating to Releases or threatened Releases of Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the PropertySubstances.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment the Environmental Report of the Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based Borrower represents and warrants that, to Borrower’s Actual Knowledge, based solely upon an environmental site assessment of the Property and information that Borrower knows after due inquiry Properties, a copy of which has been furnished to Lender (the Manager“Environmental Report”), and except as otherwise disclosed by that certain or described in the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Report: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Reportif such permits are required); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental Lawany Individual Property; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the any Individual Property; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Lawany Individual Property; (e) Borrower does not know of, and neither Borrower nor Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of from any Person pursuant to any Environmental Law, other environmental conditions in connection with the Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all material information relating to environmental conditions in, on, under or from the any Individual Property that is known to Borrower and that is or Mortgage Borrower or contained in Borrower's ’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the any Individual Property and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment As of the Property date hereof, the Issuer represents and information that Borrower knows warrants that, to the best of any Responsible Environmental Person’s knowledge and belief after reasonable due inquiry of the Managerinquiry, and except as otherwise either disclosed by that certain on Schedule A attached hereto, or as provided to the Noteholder prior to the date hereof or which would not reasonably be expected to give rise to material liabilities under Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Laws: (a) there are no Hazardous Substances (defined below) or Materials and underground storage tanks in, on, or under the Property, except those that at each Collateral Property are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental ReportLaw; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under Materials at the Mortgage Properties for which investigation or from the Property which has not been fully remediation is required by a Governmental Authority are being investigated and remediated in accordance material compliance with Environmental Law; (c) there is no non-compliance with current Environmental Laws; (d) to any Responsible Environmental Person’s actual knowledge after reasonable inquiry there is no known threat of any Release of Hazardous Substances Materials migrating to the any Collateral Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know no Responsible Environmental Person knows of, and nor has not any Responsible Environmental Person received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions inMaterials at, on, under or from any Collateral Property; (f) the Issuer and Guarantors have (1) disclosed to the Noteholder, in writing, (A) all outstanding notices or claims of alleged non-compliance with applicable Environmental Laws and (B) each Collateral Property where investigation or remediation activities are ongoing, and (2) made available (or otherwise shall use diligent efforts to promptly make available) any and all material information relating to adverse environmental conditions at, on, under or from any Collateral Property that is known would reasonably be expected to Borrower and that is contained result in Borrower's files and recordsmaterial liabilities under Environmental Laws, including but not limited to any reports relating to Hazardous Substances inMaterials at, on, under or from the or migrating to or from any Collateral Property and/or to the environmental condition of any Collateral Property for which investigation or remediation is required by a Governmental Authority; (g) as of 5 p.m. EDT on July 9, 2009, Schedule A lists all Environmental Liens (as defined below) in regard to the PropertyCollateral Properties; (h) there is no judicial, administrative, or arbitral proceeding under or relating to any Environmental Law that is pending or, to the knowledge of the Issuer, threatened, naming the Issuer; (i) except as provided for in the Secured Note Documents and the Master Transaction Agreement, the Issuer has not entered into or agreed to any consent decree, order, or settlement or other agreement, or is subject to any judgment, decree, or order or other agreement, in any judicial, administrative, arbitral, or other forum for dispute resolution, relating to compliance with or liability under any Environmental Law; and (j) except as provided for in the Secured Note Documents and the Master Transaction Agreement, the Issuer has not assumed or retained, by contract, any liabilities of any kind, fixed or contingent, known or unknown, under any Environmental Law or with respect to any Hazardous Materials.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment Environmental Report of the each Individual Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate such Individual Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant the to an Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from any Individual Property except as described in the Property which has not been fully remediated in accordance with Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any Individual Property except as described in the PropertyEnvironmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with any Individual Property except as described in the Property which has not been fully remediated in accordance with Environmental LawReport; (e) Nor Borrower does not know knows of, and nor has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation from any Individual Property; (defined belowf) thereofany Individual Property is free of Mold in any condition, location or concentration that poses a risk to human health, or that could reasonably be expected to result in violation of possible liability Environmental Laws or impair the marketability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and that is or any Individual Property Owner or contained in Borrower's ’s or such Individual Property Owner’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the each Individual Property and/or to the environmental condition of or the presence of Mold at each Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), to Borrower’s Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Properties delivered to and approved by Lender prior to the Closing Date (the “Environmental Report”) of each Individual Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Borrower’s actual knowledge that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each Tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a Tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to the Closing Date (such report is referred to below as the "ENVIRONMENTAL REPORT"), ) and to the best of Borrower's knowledge: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant's respective business at such Individual Property as set forth in writing pursuant the Environmental Reporttheir respective Leases; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law in, on, under or from any of the Property Properties and which has not been fully remediated in accordance with Environmental Lawwould require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances migrating to any of the PropertyProperties which would require remediation by a Governmental Authority; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Properties (such report is referred to below collectively as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with as required under Environmental LawLaws; (e) Borrower does not know none of the Indemnitors and none of Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances any Release or Remediation (defined below) thereofof any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor or Mortgage Borrower has is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all material information relating to conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor or Mortgage Borrower and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule II attached hereto and made a part hereof in respect of the Property delivered to Lender Properties (such report is referred to below collectively as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Indemnitee, to Indemnitor’s knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Individual Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with as required under Environmental LawLaws; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances any Release or Remediation (defined below) thereofof any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all material information relating to conditions in, on, under or from the each Individual Property that is actually known to Borrower any Indemnitor and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to the Closing Date (such report is referred the “Environmental Report”) and to below as the "ENVIRONMENTAL REPORT"), best of Borrower’s knowledge: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in writing pursuant the Environmental Reporttheir respective Leases; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law in, on, under or from any of the Property Properties and which has not been fully remediated in accordance with Environmental Lawwould require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances migrating to any of the PropertyProperties which would require remediation by a Governmental Authority; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment To the best of the Property and information that Borrower knows after due inquiry of the ManagerBorrower’s knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower hereby represents and warrants (a) to the best of Borrower’s knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. “Environmental Law” means any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. Environmental Law includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any applicable state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. Environmental Law also includes, but is not limited to, any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the Property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other Person, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property; and (g) there are no Institutional Controls on or affecting any Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"), to Borrower's Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the ManagerProperty, and except as otherwise disclosed by the Environmental Report, Borrower represents and warrants that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Borrower's Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all applicable Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no identified threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and recordsrecords of Borrower, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), and (ii) fully disclosed commercially reasonable amounts necessary to Lender operate and maintain the Property for the purposes set forth in writing pursuant this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under (if required to be so permitted under) and used in compliance with Environmental ReportLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereofthereof with respect to the Property, of possible liability of any Person with respect to the Property pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s and/or Master Tenant’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or or to the environmental condition of the Property; and (g) there are no Institutional Controls on or affecting the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report(s)”), a copy of which has been provided to Indemnitee, to Indemnitor’s actual knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaws; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. As used in this Agreement, the term “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Based Borrower represents and warrants, to its knowledge based upon an environmental assessment Environmental Report of the Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant the to an Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, received any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to material environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) to the best of Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's files and records, including but not limited to any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property, to the extent such is contained in Borrower’s files and records. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Borrower represents and information that Borrower knows after due inquiry of the Managerwarrants, based upon, and except as otherwise disclosed by that certain or described in an Environmental Site Assessment Report of the Property delivered to Lender (unless Borrower has actual knowledge that such report information disclosed in an Environmental Report is referred to below as the "ENVIRONMENTAL REPORT")inaccurate in any material respect) and information that Borrower knows or should reasonably have known, that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) fully disclosed in the case of Hazardous Materials, in amounts not in excess of that necessary to Lender in writing pursuant operate the Environmental ReportProperty for the purposes set forth herein; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental LawProperty; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, from the Property which would cause a violation of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) to the extent not included in the Environmental Report prepared for Lender in connection with the Loan, Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, in each case, except those that are both (i) in material compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (to the extent such permits are required under Environmental Law), or (ii) fully disclosed de-minimis amounts necessary to Lender operate the Property for the purposes set forth in writing pursuant the this Agreement and which are otherwise permitted under and used in compliance with Environmental ReportLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances Substances, which would require the same to be reported to Governmental Authorities or otherwise remediated, in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Propertyany Individual Property in violation of Environmental Law; (d) to Bxxxxxxx’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) Governmental Authority relating to Hazardous Substances or the Remediation (defined below) thereof, in connection with any Individual Property, of possible alleged liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, in each case, which have not been remediated in accordance with Environmental Law or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (f) there are no Institutional Controls on or affecting any Individual Property; and (fg) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Properties (such report is referred to below collectively as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Indemnitee and/or Original Indemnitee, to Indemnitor’s knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Individual Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee and/or Original Indemnitee in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with as required under Environmental LawLaws; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances any Release or Remediation (defined below) thereofof any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee and/or Original Indemnitee, in writing, any and all material information relating to conditions in, on, under or from the each Individual Property that is actually known to Borrower any Indemnitor and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) to the best of Borrower’s knowledge after due inquiry, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), and (ii) fully disclosed de minimis amounts necessary to Lender operate the Property for the purposes set forth in writing pursuant this Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Report; Law, (b) to the best of Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant theretothereto (including, but not limited to, the payment of any fees required in connection therewith), in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's files and records, including but not limited to any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property, to the extent such is contained in Borrower’s files and records. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, and except as set forth in such Environmental Report, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Based upon an environmental assessment Indemnitor hereby represents to and for the benefit of Indemnified Parties that, as of the Property and information that Borrower knows after due inquiry of the Manager, date hereof and except as otherwise disclosed by that certain the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Reports: (a) to Indemnitor’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and in compliance with all permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) to Indemnitor’s knowledge, there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Property which has have not been fully remediated in accordance with all Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but a Governmental Authority) relating to any threat of any Release migrating to any Property; (d) to Indemnitor’s knowledge, there is no past or present non-compliance with any Environmental Law, or with permits issued pursuant thereto, in connection with any Property which has not limited to been fully remediated in accordance with all Environmental Laws; and (e) Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereofthereof in connection with any Property, of possible liability of any Person pursuant to any Environmental LawLaw in connection with any Property, any other environmental conditions in connection with the Propertyany Property or any other property previously owned or operated in common with all or any part of any Property (whether or not such property shall have been combined with all or any portion of any Property in a single property description), or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower . Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the any Property that is known to Borrower and that is contained Indemnitor (including any condition fully remediated in Borrower's files and recordsaccordance with Environmental Laws), including but not limited to any reports relating to Hazardous Substances in, on, under or from the any Property and/or to the environmental condition of the any Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Borrower represents and information that Borrower knows after due inquiry of the Managerwarrants, and except as otherwise disclosed by that on those certain Environmental Site Assessment of the Property delivered to Lender written reports identified on Schedule XI attached hereto and made a part hereof (such report is referred to below as collectively, the "ENVIRONMENTAL REPORTEnvironmental Report"), ) of each Individual Property that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant's respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present or, to Borrower's knowledge prior non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does and Pledgor do not know of, and has not received and Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has and Pledgor have truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and that is Borrower, Mortgage Borrower, Pledgor or Operating Lessee or contained in Borrower's, Mortgage Borrower's, Pledgor's or Operating Lessee's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based Borrower represents and warrants, to the best of Borrower's knowledge (after due inquiry and investigation) and additionally based upon an the environmental site assessment report of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that except as fully disclosed in the Environmental Report delivered to and approved by Lender: (ai) there are no Hazardous Substances Materials (defined below) or underground storage tanks affecting the Property ("AFFECTING THE PROPERTY" shall mean "in, on, under, stored, used or under migrating to or from the Property") except for (A) routine office, except those cleaning, janitorial and other materials and supplies necessary to operate the Property for its current use and (B) Hazardous Materials that are both (i1) in compliance with Environmental Laws (defined below), (2) and with permits issued pursuant thereto have all required permits, and (ii3) fully disclosed are in only the amounts necessary to Lender in writing pursuant operate the Environmental ReportProperty; (bii) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated Materials in accordance with Environmental Law; (c) there is no threat violation of any Release of Hazardous Substances migrating to Environmental Law affecting the Property; (diii) there is no past or present non-compliance with Environmental Laws, Laws or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (eiv) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) person relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with Materials affecting the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fv) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from affecting the Property that is known to Borrower and that is or contained in Borrower's files files. "ENVIRONMENTAL LAW" means any present and recordsfuture federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, that apply to Borrower or the Property and relate to Hazardous Materials including the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act. "HAZARDOUS MATERIALS" shall mean petroleum and petroleum products and compounds containing them, including but not limited to gasoline, diesel fuel and oil; explosives, flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any reports relating to Hazardous Substances inform that is or could become friable; underground or above-ground storage tanks, on, under whether empty or from containing any substance; any substance the presence of which on the Property and/or to is prohibited by any federal, state or local authority; any substance that requires special handling; and any other material or substance now or in the environmental condition future defined as a "hazardous substance," "hazardous material", "hazardous waste", "toxic substance", "toxic pollutant", "contaminant", or "pollutant" within the meaning of the Propertyany Environmental Law. "RELEASE" of any Hazardous Materials includes any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, pumping, pouring, escaping, dumping, disposing or other movement of Hazardous Materials.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property delivered to and approved by Lender prior to the Closing Date (the “Environmental Report”) and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), or should reasonably have known that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in material compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the Property or each tenant’s respective business at the Property, or (B) held by a tenant for sale to the public in writing pursuant the Environmental Report; its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in, on, under or from the Property in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to the PropertyProperty from any adjoining property; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible potential liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any arising out of the foregoingrelease of Hazardous Materials in, on, under or from the Property which matter remains pending or has not been resolved or cured; and (f) Borrower has truthfully and fully provided made available to Lender, in writing, Lender copies of any and all information material reports relating to conditions in, on, under or from the environmental condition of the Property that is known to Borrower and that is contained in Borrower's ’s files and recordsrecords or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to Lender prior to the Closing Date (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Report”) that (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each Tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, (B) held by a Tenant for sale to the Environmental Report; public in its ordinary course of business, or (C) in a manner that does not result in the contamination of the applicable Individual Property or in a material adverse effect on the value, use or operations of the applicable Individual Property, (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require Remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) to Borrower’s knowledge, there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to to, a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all material information relating to environmental conditions in, on, under or from of the Property that is Properties known to Borrower and that is or contained in Borrower's ’s files and recordsrecords and known to Borrower, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of each Individual Property delivered to and approved by Lender prior to the Property Closing Date (the “Environmental Report”) and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), or should reasonably have known that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in material compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property, or (B) held by a tenant for sale to the public in writing pursuant the Environmental Report; its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in, on, under or from any of the Property Properties in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to any of the PropertyProperties from any adjoining property; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to potential liability arising out of the release of Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties which matter remains pending or has not been resolved or cured; and (f) Borrower has truthfully and fully provided made available to Lender, in writing, Lender copies of any and all information material reports relating to conditions in, on, under or from the Property that is known to Borrower and that is environmental condition of any of the Properties contained in Borrower's ’s files and recordsrecords or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition any of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment of the Property Phase I environmental reports (or Phase II environmental reports, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate such Individual Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under such Individual Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) to the best of each Individual Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of each Individual Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) to the best of each Individual Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with Environmental Law; (e) no Individual Borrower does not know knows of, and nor has not any Individual Borrower received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the its respective Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) each Individual Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the its respective Individual Property that is known to such Individual Borrower and has provided to Lender all information that is contained in Borrower's files and records, including but not limited to any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the such Individual Property and/or to the environmental condition of such Individual Property, to the Propertyextent such is contained in such Individual Borrower’s files and records. To each Individual Borrower’s actual knowledge based on the applicable Environmental Report delivered to Lender in connection herewith, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does any Individual Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Each Borrower represents and information that Borrower knows after due inquiry of the Managerwarrants, and except as otherwise specifically disclosed by that in those certain Environmental Site Assessment of the Reports identified on Schedule 6.37 with respect to each Collateral Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyCollateral Properties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Collateral Property or each tenant's respective business at such Collateral Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawCollateral Properties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyCollateral Properties; (d) there is no past or present or, to any Borrower's knowledge, prior non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated in accordance with Environmental LawCollateral Properties; (e) each Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials located or Remediation (defined below) thereofReleased in, on, under or from any of possible liability of any Person pursuant the Collateral Properties or relating to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoingLiability; and (f) each Borrower has truthfully and fully provided to LenderAdministrative Agent, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Collateral Properties known to such Borrower and that is or contained in such Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Collateral Properties and/or to the environmental condition of the PropertyCollateral Properties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment Phase I environmental reports identified on Schedule I annexed hereto and obtained in connection with the origination of the Property delivered to Lender Loan (such report is hereinafter referred to below as the "ENVIRONMENTAL REPORT"“Environmental Reports”), a copy of which has been provided to Indemnitee, and to the best of Indemnitors’ knowledge, (aA) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (bB) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (dC) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaws; (eD) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to, a Governmental Authority) relating to the threat of any Release of Hazardous Substances migrating to the Property; (E) no Indemnitor knows of, nor has received, any written or oral notice or other communication from any Person (including, but not limited to, a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fG) Borrower each Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower such Indemnitor and all information that is contained in Borrower's the files and recordsrecords of such Indemnitor, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property; and (H) no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal. As used in this Agreement, the term “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, in each case, except those that are both (i) in material compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (to the extent such permits are required under Environmental Law), or (ii) fully disclosed de-minimis amounts necessary to Lender operate the Property for the purposes set forth in writing pursuant the this Agreement and which are otherwise permitted under and used in material compliance with Environmental ReportLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances Substances, which would require the same to be reported to Governmental Authorities or otherwise remediated, in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Propertyany Individual Property in violation of Environmental Law; (d) to Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entity) Governmental Authority relating to Hazardous Substances or the Remediation (defined below) thereof, in connection with any Individual Property, of possible alleged liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, in each case, which have not been remediated in accordance with Environmental Law or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; and (f) Borrower has truthfully and fully provided to Lender, in writing, there are no Institutional Controls on or affecting any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Borrower represents and information that Borrower knows after due inquiry of the Managerwarrants that, and except as otherwise disclosed by that certain Environmental Site Phase I environmental report prepared by LandAmerica Assessment of Corporation, dated September 13, 2006, (or Phase II environmental report, if required by Lender) with respect to the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is hereinafter referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), to Borrower’s knowledge; (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all applicable Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated as required by Environmental Laws in accordance with Environmental Law; (c) there is no written notice or other such communication exists from any Person (including but not limited to a Governmental Authority) relating to any threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with as required by Environmental LawLaws; (e) Borrower does not know of, and has not received, any no written or oral notice or other such communication exists from any Person (including but not limited to a governmental entityGovernmental Authority) relating to a Release of Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided delivered to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and all information that is contained in Borrower's files and recordsrecords of Borrower relating to environmental conditions at the Property, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment To the best of the Property and information that Borrower knows after due inquiry of the ManagerBorrower’s knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower hereby represents and warrants (a) to the best of Borrower’s knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.”Environmental Law” means any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. Environmental Law includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any applicable state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. Environmental Law also includes, but is not limited to, any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the Property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other Person, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment To the best of the Property and information that Borrower knows after due inquiry of the ManagerBorrower's knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Borrower hereby represents and warrants (a) to the best of Borrower's knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment Phase I environmental report (or Phase II environmental report, if required) delivered to Original Lender by Borrower in connection with the origination of the Property delivered Loan or provided to Original Lender in writing prior to the Closing Date (such report is reports are referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), to Borrower’s actual knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know has no knowledge of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of Borrower or any other Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including but not limited records that is pertaining to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Propertysuch conditions.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment of the Phase I environmental reports (or Phase II environmental reports, if required by Indemnitee) with respect to each Property delivered to Lender Indemnitee by Indemnitors in connection with the origination of the Loan (such report is hereinafter referred to below individually as an “Environmental Report” and collectively as the "ENVIRONMENTAL REPORT"), “Environmental Reports”) (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the either Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the applicable Environmental Report; (b) there are no past, present or or, to Indemnitors’ knowledge, threatened Releases (defined below) of Hazardous Substances in, on, under or from the either Property which has have not been fully remediated remediated, if required, in accordance with Environmental LawLaws; (c) there is no neither Borrower knows of, nor has received, any written or oral notice or other communication from any Person (including, but not limited to, a Governmental Authority) relating to the threat of any Release of Hazardous Substances migrating to the either Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the either Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know no Indemnitor knows of, and nor has not received, any written or oral notice or other communication from any Person (including including, but not limited to to, a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the either Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower each Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the either Property that is known to Borrower such Indemnitor and all information that is contained in Borrower's the files and recordsrecords of such Indemnitor, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the either Property and/or to the environmental condition of the either Property.

Environmental Representations and Warranties. Based upon an Pledgor represents and warrants, to the best of Pledgor’s knowledge, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to the Closing Date and described in Schedule 4.1.39 attached hereto and made a part hereof (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Reports”) that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower Pledgor does not know of, and has not received and Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor or Mortgage Borrower and that is or contained in Pledgor’s or Mortgage Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise previously disclosed by Indemnitor to Indemnitee in writing or specifically described in that certain Environmental Site Assessment Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed and specifically described to Lender Indemnitee in writing pursuant to the Environmental ReportReport or otherwise previously disclosed to Indemnitee in writing; (b) there are no past, present or or, to the best of Indemnitor’s knowledge, after due inquiry, threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Indemnitor’s knowledge, after due inquiry, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property in violation of any Environmental Law which has not been fully remediated would require Remediation (as defined below) in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityGovernmental Authority having jurisdiction over Indemnitor or the Property) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of relating to Hazardous Substances or Remediation thereof at the foregoingProperty; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information and documentation in Indemnitor’s possession or control relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and recordsIndemnitor, including but not limited to any reports reports, correspondence, claims, notices of violation or other information and documentation relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental site assessment of the Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate the Property or (B) fully disclosed to and approved by Lender in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a governmental authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, that apply to Borrower or the Property and relate to Hazardous Materials, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act. "Hazardous Materials" shall mean petroleum and petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives; flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any form that is or could become friable; underground or above-ground storage tanks, whether empty or containing any substance; any substance the presence of which on the Property is prohibited by any federal, state or local authority; any substance that requires special handling; and any other material or substance now or in the future defined as a "hazardous substance," "hazardous material," "hazardous waste,""toxic substance," "toxic pollutant," "contaminant," "pollutant" or other words of similar import within the meaning of any Environmental Law. "Release" of any Hazardous Materials includes but is not limited to any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Materials.

Environmental Representations and Warranties. Based To the best of Indemnitor's knowledge, based upon an environmental assessment of the Property Environmental Reports (as hereinafter defined) and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the written reports described on Schedule B hereto resulting from the environmental assessments of the Property delivered to Indemnitee (the "Environmental ReportReports"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReports; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Reports; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated Property, except as described in accordance with the Environmental LawReports; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to to, a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, present or or, to the best of Borrower’s knowledge, threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (ai) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (iA) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (B) de-minimis amounts necessary to operate the Property for the purposes set forth in the Mortgage Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiC) fully disclosed to Lender in writing pursuant the Environmental Report; (bii) there are no past, present or threatened Releases (defined below) by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to the knowledge of any of the foregoing, any other Person of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (ciii) there is no threat of any Release of Hazardous Substances by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to the knowledge of any of the foregoing, any other Person migrating to the Property; (div) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant theretothereto by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to Borrower’s or Mortgage Borrower’s knowledge, any other Person, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (ev) neither Borrower does not know nor Mortgage Borrower knows of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fvi) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower or Mortgage Borrower and any of their Affiliates and has provided to Lender all information that is contained in Borrower's ’s and Borrower’s Affiliates’ files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Propery and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of each Individual Property delivered to and approved by Lender prior to the Property Closing Date (the “Environmental Report”) and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), or should reasonably have known that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in material compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property, or (B) held by a tenant for sale to the public in writing pursuant the Environmental Report; its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in, on, under or from any of the Property Properties in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to any of the PropertyProperties from any adjoining property; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (e) Borrower does has not know of, received and Mortgage Borrower has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to potential liability arising out of the release of Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties which matter remains pending or has not be resolved or cured; and (f) Borrower has truthfully and fully provided made available to Lender, in writing, Lender copies of any and all information material reports relating to conditions in, on, under or from the Property that is known to Borrower and that is environmental condition of any of the Properties contained in Borrower's ’s or Mortgage Borrower’s files and recordsrecords or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition any of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORTEnvironmental Report"), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment To the best of the Property and information that Borrower knows Indemnitor’s knowledge, after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto thereto, except any non-compliance which, individually and in the aggregate, could not reasonably be expected to have a Material Adverse Effect, and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the written report(s) resulting from the environmental assessment(s) of the Property delivered to Indemnitee (such report(s) are identified in Exhibit B attached hereto and are referred to below collectively as the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated Property, except as described in accordance with the Environmental LawReport; (e) Borrower does not know Indemnitor has no actual knowledge of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, except as described in the Environmental Report; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment Phase I environmental reports (or Phase II environmental reports, if required) in respect of the Property delivered to Lender (such report is individually and/or collectively referred to below as the "ENVIRONMENTAL REPORT"context may require as the “Environmental Report”), copies of which have been provided to, or received by, Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) to Indemnitor’s knowledge, there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no Indemnitor does not know of, and has not received any written notice from any Person (including but not limited to a governmental entity) relating to the threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present material non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated or otherwise corrected in all material respects in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the PropertyProperty in violation of Environmental Law, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor or that has been provided to Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the any environmental condition of the Property; and (j) to Indemnitor’s knowledge, no Hazardous Substances have been handled, manufactured, generated, stored or processed on the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment Phase I environmental reports (or Phase II environmental reports, if required) in respect of the Property delivered to Lender Indemnitee by Indemnitor (such report is collectively referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), copies of which have been provided to Indemnitee, Indemnitor represents and warrants that (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws Law (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental LawsLaw, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating 156506983 to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the ManagerTo Borrower’s actual knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property; and (g) there are no Institutional Controls on or affecting any Individual Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, to the best of Borrower’s knowledge, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to the Closing Date and described in Schedule 4.1.39 attached hereto and made a part hereof (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Reports”) that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower or Mortgage Borrower and has provided to Lender all information that is contained in Borrower's ’s or Mortgage Borrower’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment of the Property Phase I environmental reports (or Phase II environmental reports, if required) delivered to Lender by Borrower in connection with the origination of the Loan or otherwise obtained by Lender, in connection with the origination of the Loan (each such report is referred to collectively below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower and each other Loan Party represents and warrants that to Borrower’s and each other Loan Parties’ respective Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate each Individual Property for the purposes set forth in this Agreement, the Mezzanine A Loan Agreement and the Mortgage Loan Agreement which will not result in an environmental condition in, on or under any Individual Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no Loan Party, Mezzanine A Loan Party or Mortgage Loan Party has received any written notice or other communication from any Person (including but not limited to a Governmental Authority) relating to an existing threat of any Release of Hazardous Substances migrating to the any Individual Property or possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know ofneither Borrower, nor any other Loan Party, nor Mortgage Borrower, nor Operating Lessee nor any other Mortgage Loan Party, nor any Mezzanine A Loan Party has Knowledge, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower and each other Loan Party has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party and each Mezzanine A Loan Party and has provided to Lender all information that is contained in Borrower's ’s, each other Loan Party’s, Mortgage Borrower’s, Operating Lessee’s, each other Mortgage Loan Party’s and each Mezzanine A Loan Party’s files and recordsrecords and received by Borrower, including each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party, each Mezzanine A Loan Party or any other Affiliate of Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party, each Mezzanine A Loan Party in connection with the Merger Agreement with respect to which Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party and each Mezzanine A Loan Party has actual knowledge, including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Phase I Environmental Site Assessment of the Property by EMG dated April 27, 1998 and that certain Property Condition Survey of the Property by EMG dated May 1, 1998 which have been delivered to Lender (such report is referred to below as each, an "Environmental Report" and collectively, the "ENVIRONMENTAL REPORTEnvironmental Reports")) and information that Borrower knows, that: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto thereto, if any, and (ii) fully disclosed to Lender in writing pursuant the to any Environmental Report; (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law or which would require Remediation (defined below) by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (ed) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fe) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including including, but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. "Environmental Law" means any present, and for the purposes of Sections 12.2. 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. "Environmental Law" also includes, but is not limited to, any present, and for the purposes of Sections 12.2, 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property. "Hazardous Substances" include but are not limited to any and all substances (whether solid, liquid or gas) (i) defined, listed, or otherwise classified as pollutants, hazardous wastes, hazardous substances, hazardous materials, extremely hazardous wastes, or words of similar meaning or regulatory effect under any present, or for the purposes of Sections 12.2. 12.3 and 13.4 only, future, Environmental Laws, or (ii) that may have a negative impact on human health or the environment, including, but not limited to petroleum and petroleum products, asbestos and asbestos-containing materials, polychlorinated biphenyls, lead, radon, radioactive materials, flammables and explosives. "Release" of any Hazardous Substance includes, but is not limited to any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. "Remediation" includes, but is not limited to any response, remedial removal, or corrective action, any activity to cleanup, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance, any actions to prevent, cure or mitigate any Release of any Hazardous Substance, any action to comply with any Environmental Laws or with any permits issued pursuant thereto, any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to in this Article 12.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, in each case, except those that are both (i) in material compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (to the extent such permits are required under Environmental Law), or (ii) fully disclosed de-minimis amounts necessary to Lender operate the Property for the purposes set forth in writing pursuant the this Agreement and which are otherwise permitted under and used in compliance with Environmental ReportLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances Substances, which would require the same to be reported to Governmental Authorities or otherwise remediated, in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Propertyany Individual Property in violation of Environmental Law; (d) to Xxxxxxxx’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) Governmental Authority relating to Hazardous Substances or the Remediation (defined below) thereof, in connection with any Individual Property, of possible alleged liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, in each case, which have not been remediated in accordance with Environmental Law or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (f) there are no Institutional Controls on or affecting any Individual Property; and (fg) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment of the Property Phase I environmental reports (or Phase II environmental reports, if required) delivered to Lender by Borrower in connection with the origination of the Loan or otherwise obtained by Lender, in connection with the origination of the Loan (each such report is referred to collectively below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower and each other Loan Party represents and warrants that to Borrower’s and each other Loan Parties’ respective Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate each Individual Property for the purposes set forth in this Agreement and the Mortgage Loan Agreement which will not result in an environmental condition in, on or under any Individual Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no Loan Party or Mortgage Loan Party has received any written notice or other communication from any Person (including but not limited to a Governmental Authority) relating to an existing threat of any Release of Hazardous Substances migrating to the any Individual Property or possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know ofneither Borrower, nor any other Loan Party, nor Mortgage Borrower, nor Operating Lessee nor any other Mortgage Loan Party has Knowledge, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower and each other Loan Party has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee and each other Mortgage Loan Party and has provided to Lender all information that is contained in Borrower's ’s, each other Loan Party’s, Mortgage Borrower’s, Operating Lessee’s and each other Mortgage Loan Party’s files and recordsrecords and received by Borrower, including each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party or any other Affiliate of Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee, each other Mortgage Loan Party in connection with the Merger Agreement with respect to which Borrower, each other Loan Party, Mortgage Borrower, Operating Lessee and each other Mortgage Loan Party has actual knowledge, including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment of the Property and information that Borrower knows after due inquiry (which for purposes hereof will mean the actual knowledge of the Manager, Xxxx Xxxxxxxxxxx and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Xxx Xxxxxx) that: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with with, if required, Environmental Laws (defined below) and with permits issued pursuant thereto and or (ii) fully disclosed to Lender by Borrower in writing or pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender, including, without limitation, that certain environmental report prepared by IVI International dated May 5, 2005 (the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no likely threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to any unlawful accumulations of Hazardous Substances or Remediation (defined below) thereofthereof on the Property, or of possible liability of any Person person or entity pursuant to violation of any Environmental Law, other environmental conditions Law in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower (which for purposes hereof will mean the actual knowledge of Xxxx Xxxxxxxxxxx and Xxx Xxxxxx) and that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the ManagerTo Borrower’s actual knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property; and (g) there are no Institutional Controls on or affecting any Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment Borrower represents and warrants, that, to the best of the Property and information that Borrower knows Borrower's knowledge, after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), investigation: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto thereto, if any, and (ii) fully disclosed to Lender in writing pursuant to the Environmental Reportwritten reports resulting from the environmental assessments of the Property delivered to Lender (the "ENVIRONMENTAL REPORT"); (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law or which would require Remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (ed) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fe) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including including, but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.. "ENVIRONMENTAL LAW" means any present, and for the purposes of Sections 12.2, 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. "Environmental Law" also includes, but is not limited to, any present, and for the purposes of Sections 12.2, 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property;

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Phase I Environmental Site Assessment dated as of September 21, 2012 by Global Realty Services Group with respect to the Property delivered to Lender Indemnitee by Indemnitors in connection with the origination of the Loan (such report is hereinafter referred to below as the "ENVIRONMENTAL REPORT"“Environmental Reports”), a copy of which has been provided to Indemnitee, and based upon Indemnitors’ actual knowledge, (aA) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (bB) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (dC) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaws; (eD) Borrower Each Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including including, but not limited to, a Governmental Authority) relating to the threat of any Release of Hazardous Substances migrating to the Property; (E) no Indemnitor knows of, nor has received, any written notice or other written communication from any Person (including, but not limited to, a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fG) Borrower each Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower such Indemnitor and all information that is contained in Borrower's the files and recordsrecords of such Indemnitor regarding the same, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property; and (H) no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal, (I) to each Indemnitors’ knowledge, the Property has not been designated as Border Zone Property and there has been no occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as Border Zone Property. As used in this Agreement, the term “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Borrower hereby represents and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered warrants to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that (a) there are no Hazardous Substances except as specifically disclosed in the documents listed in Exhibit E attached hereto (defined below) or underground storage tanks inthe “Environmental Documents”), on, or under the Property, except those that are both to Borrower’s knowledge (i) the Land is free of all Hazardous Material except for materials used in the Ordinary Course of Business and in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto all Legal Requirements, and (ii) fully disclosed to Lender in writing pursuant no release of any Hazardous Material has occurred on, onto or about the Environmental ReportLand; (b) there are no pastneither Borrower nor, present to the best of Borrower’s Knowledge, any other Person, has ever caused or threatened Releases (defined below) permitted any Hazardous Material to be placed, held, located or disposed of Hazardous Substances in, in violation of applicable Legal Requirements on, under under, at or from in a manner to affect the Property which Land, or any part thereof, and the Land has not never been fully remediated used (whether by Borrower or, to the best of Borrower’s Knowledge, by any other Person) for any activities involving, directly or indirectly, the use, generation, treatment, storage, transportation, or disposal of any Hazardous Material in accordance with Environmental Lawviolation of applicable Legal Requirements; (c) there is no threat of any Release of except as specifically disclosed in the Environmental Documents, the Land currently complies, and the Facility will comply based on its anticipated use, with all Legal Requirements, including those relating to Hazardous Substances migrating to the PropertyMaterial; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not ownership, operation, and use of the Land, all necessary notices have been fully remediated in accordance with Environmental Lawfiled and all required permits, licenses and other authorizations have been obtained relating to any generation, treatment, storage, disposal or use of Hazardous Material or as otherwise required under the Legal Requirements; (e) Borrower does not know ofthere is no present or, and has not receivedto the best of Borrower’s Knowledge, any written past or oral notice threatened investigation, inquiry or other communication from any Person (including but not limited to a governmental entity) proceeding relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the PropertyLand; (f) neither the Land nor Borrower is subject to any remedial obligations under any Legal Requirements relating to Hazardous 54151.4 27 Material, health or the environment or as may be necessary for protection of human health, the environment or to maintain the value of the Land or Improvements; (g) except as specifically disclosed in the Environmental Documents or otherwise disclosed to Lender by Borrower, there are no underground tanks, vessels or similar facilities for the storage, containment or accumulation of Hazardous Material of any sort on, under or affecting the Land; and (h) Borrower has not and will not release or waive the liability of any previous owner of the Land or any party who may be potentially responsible for the presence of or removal of Hazardous Material from the Land, except for such waivers in favor of the seller of the Land set forth in the purchase contract under which (or the conveyance instrument pursuant to which) Borrower acquired the Land, and Borrower has not made promises of indemnification regarding Hazardous Material on the Land to any party, except as may be contained in the purchase contract under which (or the conveyance instrument pursuant to which) Borrower has acquired the Land (to the extent that Borrower agreed to indemnify the seller of the Land with respect to any Hazardous Materials placed on the Land by Borrower following the closing date of such purchase contract) or the Loan Documents.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report(s)”), a copy of which has been provided to Indemnitee, and based on Indemnitor’s actual knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawLaws; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. As used in this Agreement, the term “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental site assessment of the Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")that, (a) there are no Hazardous Substances Materials (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in amounts not in excess of that necessary to operate the Property or (B) fully disclosed to Lender and approved by Xxxxxx in writing pursuant to the written reports resulting from the environmental site assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a governmental authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property., (g) the Property currently displays no evidence of water infiltration or water damage; (h) there are no prior or current complaints by tenants at the Property regarding water infiltration or water damage or leaks or odors related thereto, and (i) the Property currently displays no conspicuous evidence of the growth of Microbial Matter. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, that apply to Borrower or the Property and relate to Hazardous Materials and/or Microbial Matter "Hazardous Materials" shall mean petroleum and petroleum products and compounds containing

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of Phase I environmental report (or Phase II environmental report, if required by Indemnitee) with respect to the Property delivered to Lender Indemnitee by Indemnitors in connection with the origination of the Loan (such report is hereinafter referred to below as the "ENVIRONMENTAL REPORTEnvironmental Report(s)"), (a) to the best of Borrower's knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, onon or under the Property or have been handled, manufactured, generated, stored, processed, or under disposed of on or released or discharged from the Property, except those that are both (i) commonly used in the operation and maintenance of properties of kind and nature similar to those of the Property in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto in a manner that does not result in contamination of the Property or in a material adverse effect on the value, use or operations of the Property and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (b) to the best of Borrower's knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower's knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Borrower's knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (0 to the best of Borrower's knowledge, no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Legal Requirement applicable to the Property recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (fg) Borrower has Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower any Indemnitor and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. As used in this Agreement, the term "Mold" means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial volatile organic compounds.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Each Environmental Indemnitor hereby represents and information warrants to and Lender that Borrower knows after due inquiry of the Manager, and (i) except as otherwise specifically disclosed by that certain Environmental Site Assessment of in the Property delivered to Lender documents listed in Exhibit F attached hereto (such report is referred to below as the "ENVIRONMENTAL REPORTDOCUMENTS"), to the best of Environmental Indemnitor's knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks ineach Project is in a clean, on, or under the Propertysafe and healthful condition and, except those that are both for materials used in the ordinary course of maintenance and operation (i) and in compliance with Environmental Laws all Laws) of such Project, has been and is free of all Hazardous Material, and (defined belowb) and with permits issued pursuant thereto and no release of any Hazardous Material has occurred on, onto or about the Projects; (ii) fully none of Borrower nor Owner nor, to the best of Environmental Indemnitor's knowledge, any other person or entity, has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on, under, at or in a manner to affect any Project, or any part thereof, and no Project has ever been used (whether by Borrower, Owner or, to the best of Environmental Indemnitor's knowledge, by any other person or entity) for any activities involving, directly or indirectly, the use, generation, treatment, storage, transportation, or disposal of any Hazardous Material, except for materials used in the ordinary course of maintenance and operation (and in compliance with all Laws) of the Projects; (iii) except as specifically disclosed to Lender in writing pursuant the Environmental ReportDocuments, each Project currently complies, and will comply based on its anticipated use, with all Laws relating to Hazardous Material; (biv) to the best of Environmental Indemnitor's knowledge in connection with the ownership, operation, and use of the Projects, all necessary notices have been filed and all required permits, licenses and other authorizations have been obtained, including those relating to the generation, treatment, storage, disposal or use of Hazardous Material; (v) to the best of Environmental Indemnitor's knowledge, there is no present, past or threatened investigation, inquiry or proceeding relating to the environmental condition of, or to events on or about any Project; (vi) neither any Project nor Owner is subject to any remedial obligations under any Laws relating to Hazardous Material, health or the environment; (vii) there are no pastunderground tanks, present vessels, or threatened Releases (defined below) similar facilities for the storage, containment or accumulation of Hazardous Substances in, Materials of any sort on, under or from affecting any Project; and (viii) it has not, nor will it, release or waive the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant previous owner, lessee or operator of any Project or any party who may be potentially responsible for the presence of or removal of Hazardous Material from any Project, nor has it made promises of indemnification regarding Hazardous Material on any Project to any Environmental Lawparty, other environmental conditions except as contained herein and in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the PropertyLoan Documents.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment that/those report(s) listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report(s)”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has no Toxic Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Toxic Mold is present on any building materials or surfaces at the Property for which any Legal Requirement applicable to the Property recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower any Indemnitor and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment The Indemnitors represent and warrant that, to the best knowledge of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Indemnitors: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, above, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto thereto, if applicable, and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the written report(s) resulting from the environmental assessment(s) of the Property delivered to Indemnitee (such report(s) are identified in Exhibit B attached hereto and are hereinafter referred to collectively as the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, above, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated Property, except as described in accordance with the Environmental LawReport; (e) Borrower does Indemnitors do not know of, and neither of the Indemnitors has not received, nor has knowledge of the receipt by any prior tenant of, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, above, under or from the Property that is known to Borrower and Indemnitors or that is contained in Borrower's files and recordsrecords of the Indemnitors, including but not limited to any reports relating to Hazardous Substances in, on, above, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), a copy of which has been provided to Indemnitee, (a) to Indemnitor’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) to Indemnitor’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to Indemnitor’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Indemnitor’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property; (g) to Indemnitor’s knowledge, the Property currently displays no evidence of water infiltration or water damage, (h) to Indemnitor’s knowledge, there are no prior or current complaints by tenants at the Property regarding water infiltration or water damage or leaks or odors related thereto, and (i) the Property currently displays no conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Properties (such report is referred to below collectively as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower, Mezzanine A Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with as required under Environmental LawLaws; (e) none of the Indemnitors, none of Mezzanine A Borrower does not know and none of Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances any Release or Remediation (defined below) thereofof any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor, Mezzanine A Borrower has or Mortgage Borrower is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee, in writing, any and all material information relating to conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor, Mezzanine A Borrower or Mortgage Borrower and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property.

Environmental Representations and Warranties. Based upon an environmental assessment Borrower represents and warrants, to the best of the Property and information that Borrower knows after due inquiry of the Managerits knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment in the written report resulting from the environmental site assessments of the Property delivered to Lender prior to the Closing Date (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Report”) that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the Property or each tenant’s respective business at the Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental LawProperty; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty in violation of any Environmental Law; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, which has not been corrected, in connection with the Property which has not been fully remediated in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or Mortgage Borrower or contained in Borrower's ’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental Phase I site assessment of the Property and information that Borrower knows after due inquiry of the Managerknows, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto thereto, if any, and (ii) fully disclosed to Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law or which would require Remediation (defined below) by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (ed) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fe) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including including, but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present, and for the purposes of Sections 12.2. 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. "Environmental Law" also includes, but is not limited to, any present, and for the purposes of Sections 12.2, 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property. "Hazardous Substances" include but are not limited to any and all substances (whether solid, liquid or gas) (i) defined, listed, or otherwise classified as pollutants, hazardous wastes, hazardous substances, hazardous materials, extremely hazardous wastes, or words of similar meaning or regulatory effect under any present, or for the purposes of Sections 12.2. 12.3 and 13.4 only, future, Environmental Laws or (ii) that may have a negative impact on human health or the environment, including, but not limited to

Environmental Representations and Warranties. Based upon an environmental assessment of the Property Borrower represents and information that Borrower knows after due inquiry of the Managerwarrants, and except as otherwise disclosed by set forth in that certain Phase I Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")dated March 31, 1999, prepared by Environmental Management Group, and information that Borrower knows, that: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto thereto, if any, and (ii) fully disclosed to Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law or which would require Remediation (defined below) by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (ed) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fe) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including including, but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.. "Environmental Law" means any present, and for the purposes of Sections 12.2. 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that those certain Environmental Site Assessment of the Property Phase I environmental reports (or Phase II environmental reports, if required) delivered to Lender by Borrower in connection with the origination of the Loan or otherwise obtained by Lender, in connection with the origination of the Loan (each such report is referred to collectively below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower, Operating Lessee and each other Loan Party represents and warrants that to Borrower’s, Operating Lessee’s and each other Loan Parties’ respective Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law), (ii) de-minimis amounts necessary to operate each Individual Property for the purposes set forth in this Loan Agreement which will not result in an environmental condition in, on or under any Individual Property and which are otherwise permitted under and used in compliance with Environmental Law and (iiiii) fully disclosed to Lender in writing pursuant to the Environmental Report; (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no Loan Party has received any written notice or other communication from any Person (including but not limited to a Governmental Authority) relating to an existing threat of any Release of Hazardous Substances migrating to the any Individual Property or possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know ofneither Borrower, nor Operating Lessee nor any other Loan Party has Knowledge, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Borrower, Operating Lessee and each other Loan Party has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower Borrower, Operating Lessee and each other Loan Party and has provided to Lender all information that is contained in Borrower's ’s, Operating Lessee’s and each other Loan Party’s files and recordsrecords and received by Borrower, including Operating Lessee, each other Loan Party or any other Affiliate of Borrower or Operating Lessee in connection with the Merger Agreement with respect to which Borrower, Operating Lessee and/or any other Loan Party has actual knowledge, including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment To the actual knowledge of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")Indemnitor, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant either through the written report(s) resulting from the environmental assessment(s) of the Property delivered to Indemnitee (such report(s) are identified in Exhibit B attached hereto and are referred to below collectively as the "Environmental Report") or by description on Schedule I attached hereto and made a part hereof ("Schedule I"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances or in connection with the Storage Tanks in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport or Schedule I; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report or Schedule I; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated Property, except as described in accordance with the Environmental LawReport or Schedule I; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances Substances, the Storage Tanks or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has on Schedule I hereto truthfully and fully provided identified any instances related to Lender, in writing, Releases or Remediation of Hazardous Substances or the Storage Tanks on the Property and shall provide to Indemnitee as soon as practicable after execution of this Agreement copies of any and all information relating to conditions in, on, under or from Hazardous Substances and/or the Property Storage Tanks that is known to Borrower Indemnitor and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition records of the PropertyIndemnitor.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")Reports, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the extent such permits are required under Environmental ReportLaw); (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in all material respects in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in all material respects in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower and has provided to Lender all information that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Phase I Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")“Environmental Report”) and to Borrower’s actual knowledge, after due inquiry, and except as otherwise disclosed by the Environmental Report , Borrower hereby represents and warrants (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to to, a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment Indemnitor hereby represents to and for the benefit of the Property and information Indemnified Parties that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Reports: (a) to Indemnitor’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and in compliance with all permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) to the best knowledge of Indemnitor, there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with all Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but a Governmental Authority) relating to any threat of any Release migrating to the Property; (d) to the best knowledge of Indemnitor, there is no past or present non-compliance with any Environmental Law, or with permits issued pursuant thereto, in connection with the Property which has not limited to been fully remediated in accordance with all Environmental Laws; and (e) Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereofthereof in connection with the Property, of possible liability of any Person pursuant to any Environmental LawLaw in connection with the Property, any other environmental conditions in connection with the PropertyProperty or any other property previously owned or operated in common with all or any part of the Property (whether or not such property shall have been combined with all or any of the Property in a single property description), or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower . Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is contained Indemnitor (including any condition fully remediated in Borrower's files and recordsaccordance with Environmental Laws), including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based Borrower represents and warrants, that to the best of its knowledge and based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), or should reasonably have known (a) there are no Hazardous Substances (as defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (as defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the “Environmental Report”); (b) there are no past, present or threatened Releases (as defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to to, a governmental entity) relating to Hazardous Substances or Remediation (as defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property and/or or to the environmental condition of the Property. “Environmental Law” means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. “Environmental Law” includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to, Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. “Environmental Law” also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. “Hazardous Substances” include but are not limited to any and all substances (whether solid, liquid or gas) defined, listed, or otherwise classified as pollutants, hazardous wastes, hazardous substances, hazardous materials, extremely hazardous wastes, or words of similar meaning or regulatory effect under any present or future Environmental Laws or that may have a negative impact on human health or the environment, including, but not limited to, petroleum and petroleum products, asbestos and asbestos-containing materials, polychlorinated biphenyls, lead, radon, radioactive materials, flammables and explosives. “Release” of any Hazardous Substance includes but is not limited to any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. “Remediation” includes but is not limited to any response, remedial, removal, or corrective action, any activity to cleanup, detoxify, decontaminate, contain or otherwise remediate any Hazardous Substance, any actions to prevent, cure or mitigate any Release of any Hazardous Substance, any action to comply with any Environmental Laws or with any permits issued pursuant thereto, any inspection, investigation, study, monitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to in Article 12.

Environmental Representations and Warranties. Based upon an environmental assessment To the best of the Property and information that Borrower knows after due inquiry of the ManagerBorrower’s knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), Borrower hereby represents and warrants that (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an As of August 8, 2007, Pledgor represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to August 8, 2007 and described in Schedule 4.1.40 attached hereto and made a part hereof (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Reports”) that: (a) there are were no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are were both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits were required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are were no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is was no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is was no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) Borrower Pledgor does not know of, and has not received and Mortgage Borrower had not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor or Mortgage Borrower and that is or contained in Pledgor’s or Mortgage Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manageror should reasonably have known, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition conition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment environmental reports in respect of the Property delivered to Lender Administrative Agent and listed on Schedule 1 hereto (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Administrative Agent, in each case to the best of Borrower’s knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the PropertyProperty or the Power Plant, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Administrative Agent in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property or the Power Plant which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty or the Power Plant; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property or the Power Plant which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderAdministrative Agent, in writing, any and all such information relating to the current and past conditions in, on, under or from the Property or the Power Plant that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or the Power Plant and/or to the environmental condition of the PropertyProperty as Indemnitor, in its best judgment, believes is necessary to permit Administrative Agent to evaluate the current environmental condition of the Property or the Power Plant; and (g) neither the Property nor the Power Plant currently displays conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after After due inquiry of the Manager, and investigation and except as otherwise disclosed by that certain Environmental Site Assessment may be expressly set forth in any third party environmental report of the Property Premises delivered to the Lender (such report is referred in connection with the Lender’s origination of the Loan, Borrower represents and warrants that to below as the "ENVIRONMENTAL REPORT")best of Borrower’s knowledge, (a1) the Property is not in violation of any Environmental Law, (2) there are no Hazardous Substances (defined below) Materials at the Property and neither Borrower nor any prior owner or underground storage tanks incurrent or prior tenant, onsubtenant, or under other occupant of all or any part of the PropertyProperty has used or is using, except those Hazardous Materials at the Property that are both (ia) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Report; would require any Remedial Work, or (b) there are no pastposes a threat to persons or the environment, present or threatened Releases (defined below) except for the use and storage of immaterial amounts of Hazardous Substances in, on, under or from Materials at the Property which has not been fully remediated in accordance with Environmental Law; (c) there if such use or storage is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the ordinary cleaning and maintenance of the Property so long as such use and storage is in compliance with all applicable Environmental Laws, (3) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to Hazardous Materials, (4) there has been no Release of any Hazardous Materials at the Property (including the period prior to Borrower’s acquisition of the Property) other than in compliance with all Environmental Laws and other than releases of Hazardous Materials which have been remediated in compliance with applicable Environmental Laws, (5) no Hazardous Materials are present in, on or under any nearby real property which could migrate to or otherwise affect the Property, (6) no underground storage tanks exist on any of the Property, (7) Borrower has not been fully remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, received any written or oral notice or other communication from any Person (including but not limited to claiming a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, violation of possible liability of any Person pursuant to any Environmental Law, including a Release in violation of any applicable Environmental Law or requiring Remedial Work with regard to the Property and (8) there are no environmental investigations, studies, audits, reviews or other environmental conditions analysis conducted by or in connection with the Property, possession of Borrower or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided its Affiliates which have not been made available to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an As of August 8, 2007, Pledgor represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to and approved by Lender prior to August 8, 2007 and described in Schedule 4.1.40 attached hereto and made a part hereof (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Reports”) that: (a) there are were no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under any of the PropertyProperties, except those that are were both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits were required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are were no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is was no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is was no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property which has not been fully remediated Properties except as described in accordance with the Environmental LawReports; (e) none of Pledgor, Mezzanine A Borrower, Mezzanine B Borrower does not or Mezzanine C Borrower know of, and has not received and Mortgage Borrower had not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor, Mezzanine A Borrower, Mezzanine B Borrower, Mezzanine C Borrower and that is or Mortgage Borrower or contained in Pledgor’s, Mezzanine A Borrower's ’s, Mezzanine B Borrower’s, Mezzanine C Borrower’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT")Reports, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the any Individual Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the extent such permits are required under Environmental ReportLaw); (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in all material respects in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in all material respects in accordance with Environmental Law; (e) neither Borrower does not know nor Operating Lessee knows of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) each of Borrower and Operating Lessee has truthfully and fully provided disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower or Operating Lessee (as applicable) and has provided to Lender all information that is contained in Borrower's ’s or Operating Lessee’s files and recordsrecords (as applicable), including including, but not limited to to, any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property; (g) the Property currently displays no evidence of water infiltration or water damage (h) there are no prior or current complaints by tenants at the Property regarding water infiltration or water damage or leaks or odors related thereto, and (i) the Property currently displays no conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment those reports listed on Schedule II attached hereto and made a part hereof in respect of the Property delivered to Lender Properties (such report is referred to below collectively as the "ENVIRONMENTAL REPORT"“Environmental Reports”), copies of which have been provided to Indemnitee and/or Original Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee and/or Original Indemnitee in writing pursuant to the Environmental ReportReports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property which has not been fully remediated in accordance with as required under Environmental LawLaws; (e) Borrower does not know none of the Indemnitors and none of the Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances any Release or Remediation (defined below) thereofof any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any other environmental conditions in connection with the any Individual Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor or Mortgage Borrower has is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully provided to LenderIndemnitee and/or Original Indemnitee, in writing, any and all material information relating to conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor or Mortgage Borrower and that is contained in Borrower's the files and recordsrecords of any Indemnitor, including including, but not limited limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property and/or to the environmental condition of the each Individual Property.. 4 Environmental Indemnity Agreement (Mezzanine Loan)

Environmental Representations and Warranties. Based Borrower represents and warrants, to the best of Borrower’s knowledge and additionally based upon an the environmental site assessment report of the Property and information prepared by ATC Associates Inc., dated February 21, 2011 (the “Environmental Report”), that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain in the Environmental Site Assessment of the Property delivered to Lender Report: (such report is referred to below as the "ENVIRONMENTAL REPORT"), (ai) there are no Hazardous Substances Materials (defined below) or underground storage tanks affecting the Property (“affecting the Property” shall mean “in, on, under, stored, used or under migrating to or from the Property”) except for (A) routine office, except those cleaning, janitorial and other materials and supplies necessary to operate the Property for its current use and (B) Hazardous Materials that are both (i1) in compliance with Environmental Laws (defined below), (2) and with permits issued pursuant thereto have all required permits, and (ii3) fully disclosed are in only the amounts necessary to Lender in writing pursuant operate the Environmental ReportProperty; (bii) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from Materials in violation of any Environmental Law affecting the Property except for Releases which has not have been fully remediated in accordance with Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (diii) there is no past or present non-compliance with Environmental Laws, Laws or with permits issued pursuant thereto, in connection with the Property thereto except for Releases which has not have been fully remediated in accordance with Environmental LawLaws; (eiv) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) person relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with Materials affecting the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fv) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition violations of the Property.Environmental Laws affecting Prudential Loan No. 706108495 Clarendon Center/Deed of Trust

Environmental Representations and Warranties. Based upon an environmental assessment Individual Borrower represents and warrants to the best of the Property and information that Borrower knows Borrower’s knowledge after due inquiry of the Managerhaving been made, and except as otherwise disclosed by that certain Environmental Site Assessment in the written reports resulting from the environmental site assessments of the Property delivered to and approved by Lender prior to the Closing Date (such report is referred to below as the "ENVIRONMENTAL REPORT"), “Environmental Report”) that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed either (A) in amounts not in excess of that necessary to Lender operate, clean, repair and maintain the Property or each tenant’s respective business at the Property as set forth in writing pursuant their respective Leases, or (B) held by a tenant for sale to the Environmental Report; public in its ordinary course of business, (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental LawProperty; (c) there is no imminent threat of any Release of Hazardous Substances Materials migrating to the Property; (d) there is no past or present non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental LawProperty; (e) Individual Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to a Release of Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Individual Borrower has truthfully and fully provided to Lender or to Lender’s consultants, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is known to Individual Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any reports records relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment of Phase I environmental report (or Phase II environmental report, if required by Mortgage Lender) with respect to the Property delivered to Lender Properties in connection with the Loan (such report is hereinafter referred to below as the "ENVIRONMENTAL REPORT"), a copy of which has been provided to Indemnitee (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the PropertyProperties, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property Properties which has have not been fully remediated in accordance with Environmental Law; (c) there is no Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to any threat of any Release of Hazardous Substances migrating to the PropertyProperties; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property Properties which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the PropertyProperties, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided delivered to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property Properties that is known to Borrower Indemnitor and all information that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property Properties and/or to the environmental condition of the PropertyProperties.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment that/those report(s) listed on Schedule I attached hereto and made a part hereof in respect of the Property delivered to Lender Indemnitee (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Report(s)”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, on or under the Property, except those that are both (i) in compliance in all material respects with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental ReportReport(s); (b) there are no pastpast or present Releases, present or and Indemnitor does not know of any threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully been, or are not being, remediated in accordance with Environmental Law; (c) there is no Indemnitor does not know of any threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated been, or are not being resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including including, but not limited to a governmental entityto, any Governmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor does not know of, has not observed, and has not received, any written advice or other written communication from any Person (including, but not limited to, any Governmental Authority) that Toxic Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Toxic Mold is present on any building materials or surfaces at the Property for which the NYC Guidelines (as defined below) recommends or requires removal thereof by remediation professionals, and Indemnitor is not aware of any conditions at the Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is actually known to Borrower and that is contained in Borrower's files and recordsIndemnitor, including including, but not limited to to, any reports reports, studies, or data relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. Any reference to the “knowledge” of Indemnitor shall mean to the best knowledge of the personnel of Indemnitor who are in a position to have meaningful knowledge with respect to the subject matter which has been qualified to “Indemnitor’s Knowledge”.

Environmental Representations and Warranties. Based upon an Borrower represents, warrants and covenants, as to itself and the Property, other than as disclosed to Lender in the environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property report(s) delivered to Lender (such report is referred to below as in connection with the "ENVIRONMENTAL REPORT"), Loan: (a) to Borrower’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant the Environmental Reportwhich do not require Remediation; (b) to Borrower’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under under, from or from affecting the Property which has have not been fully remediated Remediated in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no Release or threat of any Release of Hazardous Substances which has or is migrating to the Property; (d) to Borrower’s knowledge, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated Remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances or the Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and recordsrecords of Borrower, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based Borrower represents and warrants, based upon an environmental assessment of the Property and information that of which Borrower knows after due inquiry of the Managerhas actual knowledge, and that, except as otherwise disclosed by that certain in the Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), Report: (a) there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender in writing pursuant to the written reports resulting from the environmental assessments of the Property delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental LawLaw with respect to the Property, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower and that is contained in Borrower's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.

Environmental Representations and Warranties. Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except Except as otherwise disclosed by that certain Environmental Site Assessment Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender Original Indemnitee by Original Borrower (such report is referred to below as the "ENVIRONMENTAL REPORTEnvironmental Report"), a copy of which has been provided to Indemnitee and Indemnitor, (a) to the best of Indemnitor's knowledge, after due inquiry and investigation, there are no Hazardous Substances (defined below) or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto and (ii) fully disclosed to Lender Indemnitee in writing pursuant to the Environmental Report; (b) to the best of Indemnitor's knowledge, after due inquiry and investigation, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Indemnitor's knowledge, after due inquiry and investigation, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best oflndemnitor's knowledge, after due inquiry and investigation, there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully provided to LenderIndemnitee, in writing, any and all information relating to conditions in, on, under or from the Property that is known to Borrower Indemnitor and that is contained in Borrower's files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property; (g) to the best of Indemnitor's knowledge, after due inquiry and investigation, the Property currently displays no evidence of water infiltration or water damage; (h) there are no prior or current complaints by tenants at the Property regarding water infiltration or water damage or leaks or odors related thereto; and (i) to the best of Indemnitor's knowledge, after due inquiry and investigation, the Property currently displays no conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Based Subject to the provisions of the applicable Lease and Tenant’s rights and obligations thereunder, Borrower represents and warrants, based upon an environmental assessment Environmental Report of the Property and information that Borrower knows after due inquiry of the Managerto Borrower’s knowledge, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property delivered to Lender (such report is referred to below as the "ENVIRONMENTAL REPORT"), that: (a) there are no Hazardous Substances (defined below) Materials or underground storage tanks in, on, or under the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), if any, and (ii) either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth herein or (B) fully disclosed to and approved by Lender in writing pursuant the to an Environmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no pending threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a governmental entity) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, other environmental conditions in connection with from the Property, or any actual or potential administrative or judicial proceedings in connection with any ; (f) the Property is free of the foregoingMold; and (fg) Borrower has truthfully and fully provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property and/or to the environmental condition of or the presence of Mold at the Property.

Environmental Representations and Warranties. Based upon an Borrower represents and warrants, except as disclosed in the written reports resulting from the environmental assessment site assessments of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Environmental Site Assessment of the Property Properties delivered to Lender Administrative Agent prior to the Closing Date, including but not limited to Phase I environmental assessments, together with reliance letters in favor of Lenders (such report is referred to below as the "ENVIRONMENTAL REPORT"“Environmental Reports”), that: (a) there are Borrower has not, and to the best of Borrower’s knowledge, no other Person has caused any Hazardous Substances (defined below) Materials or underground storage tanks to be present in, on, or under the Property, except those that are both (i) in material compliance with current Environmental Laws (defined below) and with permits issued pursuant thereto (if such permits are required), and (ii) fully disclosed in amounts not in excess of that necessary to Lender operate, clean, repair and maintain any Property or each tenant’s respective business at such Property as set forth in writing pursuant the Environmental Report; their respective Leases, (b) there are Borrower has not, and to the best of Borrower’s knowledge, no other Person has caused any past, present or threatened Releases (defined below) of Hazardous Substances Materials in material violation of any Environmental Law or which would require material remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental Lawany Property; (c) to the best of Borrower’s knowledge, there is no threat of any material Release of Hazardous Substances Materials migrating to the any Property; (d) there is no past or present material non-compliance with current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been fully remediated in accordance with Environmental Lawany Property; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a governmental entityGovernmental Authority) relating to Hazardous Substances Materials in, on, under or Remediation (defined below) thereof, of possible liability of from any Person pursuant to any Environmental Law, other environmental conditions in connection with the Property, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully provided to LenderAdministrative Agent, in writing, any and all material information relating to environmental conditions in, on, under or from the any Property that is known to Borrower and that is or contained in Borrower's ’s files and records, including but not limited to any material reports relating to Hazardous Substances Materials in, on, under or migrating to or from the any Property and/or to the environmental condition of the any Property.