Common use of Leases Clause in Contracts

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The All other current Leases are in full force and effect and, and to the best Best of Borrower’s knowledgeKnowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Lender or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule V and made a part hereofhereof (and subleases permitted under the Anchor Lease). Borrower is To the owner and lessor best of landlord’s interest in the Leases. No Borrower's knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand to Borrower's knowledge after inquiry, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s 's knowledge, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There To the best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no tenant listed on Schedule I SCHEDULE IV has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as set forth in SCHEDULE IV, no tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as set forth in SCHEDULE IV. Except as otherwise disclosed by To Borrower's actual knowledge based on the Environmental Report (as defined delivered to Lender in the Mortgage)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 Property leased premises nor does Borrower have any knowledge of any Tenant’s 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. True, correct except in either event, in compliance with applicable federal, state or local statues, rules and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayregulations.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either any party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except as disclosed and certified by Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as disclosed in existing Leases. Except as otherwise disclosed by Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report (as defined in the Mortgage)date hereof shall be subject to Lender’s prior written approval. Lender shall execute and deliver its standard form of subordination, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules non-disturbance and regulations, have been disposed, stored or treated by any tenant attornment agreement to Tenants under any future Major Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention approved by Lender promptly upon request, with such commercially reasonable changes as may be requested by such Tenants, and which are reasonably acceptable to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLender.

Leases. The Property is not subject Borrower has delivered to Lender true and complete copies of all Leases pursuant to which any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner lessor at any of the Properties, including all modifications and lessor amendments thereto, which are in Borrower’s possession. Except for Borrower or affiliates of landlord’s interest in the Leases. No Person Borrower occupying all or any part of any Property, no person has any possessory interest in any of the Property Properties or right to occupy the same except under and pursuant to the provisions of the LeasesLeases or Permitted Encumbrances. The current Leases Rent Roll is accurate and complete in all material respects, and the applicable Borrower that owns the Property covered by each Lease on the Rent Roll is the lessor under such Lease. Except as indicated on the Rent Roll or Exception Report, no security deposits are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder being held by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent Borrower (including bonds or letters of credit being held in lieu of cash security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent no Tenant or other paymentsparty has any option, credits, allowances right of first refusal or abatements required similar preferential right to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet purchase all or any portion of any Property. Subject to the premises demised therebyprovisions of Section 4.7(a) and except as set forth in the Exception Report, no upon foreclosure on any Property, with respect to each Lease at such tenant holds its leased premises Property either (i) Lender shall automatically succeed to the rights and obligations of the landlord under assignment such Leases (ii) or subleasesuch Leases may be terminated in accordance with any early termination provisions within such Lease. Lender agrees, nor does anyone except such tenant at Borrower’s sole cost and its employees occupy such leased premisesexpense, to provide a subordination, attornment and non-disturbance agreement in form and substance reasonably acceptable to Lender if expressly required pursuant to any Lease. No material amounts are payable by Borrower to any Tenant under a Lease (other than in connection with common area maintenance and other routine reconciliations) and no Tenant has the right to require Borrower to perform or finance any Lease has a right Material Alterations or option improvements to the space covered by its Lease. Notwithstanding any provision contained in this Agreement to the contrary, Leases may contain (and the same shall be expressly permitted hereunder without notice to or the consent of Lender, except to the extent required pursuant to such Lease Section 4.7(b)) the rights of tenants to receive reimbursement, contribution or otherwise to purchase all allowance by landlord for tenant improvements or any part of the leased premises rent concessions or the building of which the leased premises are a part. No Tenant has no right or option for additional space abatements, in each case as set forth in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayException Report.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. No Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, (a) there are no defaults any other party thereunder by either party and (b) and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (other than in connection with the first month’s Rent under a new Lease). To All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the best of Lease or by Borrower’s knowledge, all work to be completed performed by Borrower prior to the date hereof under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant as of the Closing Date has already been received by (or credited to) such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To the best of Borrower’s knowledge, no tenant Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment assignment. Except as disclosed to Lender or subleaseexcept as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, nor does anyone except such tenant and its employees occupy such leased premises. No no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (to Lender in writing or as defined set forth in the Mortgage)Leases or in any tenant estoppel certificate delivered to Lender, no hazardous wastes tenant has (i) asserted any defense or toxic substancesotherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as defined by applicable federala result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, state notices or local statutes, rules and regulations, defenses that have been disposed, stored withdrawn or treated by any tenant under any Lease on resolved or about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayare otherwise no longer outstanding.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule V and made a part hereofhereof (and subleases permitted under the Anchor Lease). Borrower is To the owner and lessor best of landlord’s interest in the Leases. No Borrower's knowledge after due inquiry, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand to Borrower's knowledge after inquiry, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge after due inquiry, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge's knowledge after due inquiry, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There To the best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no tenant listed on Schedule I SCHEDULE IV has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as set forth in SCHEDULE IV, no tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as set forth in SCHEDULE IV. Except as otherwise disclosed by To Borrower's actual knowledge based on the Environmental Report (as defined delivered to Lender in the Mortgage)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 Property leased premises nor does Borrower have any knowledge of any Tenant’s 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. True, correct except in either event, in compliance with applicable federal, state or local statues, rules and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayregulations.

Leases. The Property Premises contains 299 apartment units including the two (2) office spaces. The Rent Roll is not subject a true, correct and complete list, as of the date thereof, of all Existing Leases affecting the Premises; the expiration dates of the Existing Leases; the rents payable by tenants thereunder; and security deposits made by tenants and held by Seller, and tenant's portion of any accrued interest thereon, if required by applicable law. No tenant has any unilateral right or option to renew or extend the term of its lease except as otherwise disclosed in the Rent Roll. There are no sums to be credited to any leases other than the Leases described tenant or any set-offs against rent which may be claimed by any tenant by reason of any alterations, pre-paid rent, rental allowances, repairs, free rent, or otherwise pursuant to any written agreement between such tenant and Seller, except as otherwise disclosed in the rent roll attached hereto Rent Roll. Any payments due to any tenant under any Existing Lease have been made. Except as Schedule V disclosed on EXHIBIT D, no brokers or other intermediaries are entitled to receive any leasing, brokerage or other compensation out of or with respect to rents accruing under any Existing Leases pursuant to a written agreement between such brokers or other intermediaries and made a part hereofSeller, and no future Leases will make provision therefor. Borrower is the owner All obligations of Seller as landlord pursuant to Leases, including, without limitation thereto, decorating and lessor of landlord’s interest in the Leasesalteration work, which shall have accrued at or prior to Closing will have been performed by Seller at or prior to Closing. No Person has apartment is being rented free to any possessory interest in person except as shown on the Property Rent Roll. Copies of all Existing Leases, together with any modifications or right to occupy amendments thereto are available for review during the same except under and pursuant to Feasibility Period by Buyer at the provisions Premises. To the best of the Leases. The current Seller's knowledge, all Existing Leases are in full force and effect andeffect, to except as otherwise disclosed in the best Rent Roll. The provisions of Borrower’s knowledge, this subparagraph (a) there are no defaults thereunder by either party and (b) there are no conditions thatshall survive Closing until October 1, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way1996.

Leases. The Borrower represents and warrants to Lender that: (a) the Property is not subject to any leases Leases other than the Leases described in Master Lease, (b) the rent roll attached hereto as Schedule V and made a part hereof. Borrower Master Lease is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andeffect, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party Borrower, or (to Borrower’s knowledge) Master Tenant, and Borrower has not received any notice of termination with respect to the Master Lease, (bc) the copy of the Master Lease delivered to Lender is true and complete, and there are no conditions thatoral agreements with respect thereto, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No (d) no Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, (e) all work to be completed performed by Borrower prior to under the date hereof under each Master Lease has been performed as required and has been accepted by the applicable tenantMaster Tenant, and (f) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Master Tenant has already been received by such tenant. There Master Tenant, (g) Master Tenant has been accepted possession and is in occupancy of, and is open for business and conducting normal business operations at, all of its demised premises, and is paying full, unabated rent under the Master Lease, (h) Master Tenant is free from bankruptcy or reorganization proceedings, (i) Master Tenant is an Affiliate of Borrower, (j) there are no brokerage fees or commissions due and payable in connection with the Master Lease, (k) Borrower has not assigned or pledged the Master Lease, the rents thereunder or any interest therein except to Lender, (l) no Tenant or other Person has any option, right of first refusal or offer or any other similar right to purchase all or any portion of, or interest in, the Property, (m) Master Tenant does not have the right to terminate its Lease prior sale, transfer or assignment, hypothecation or pledge of any Lease or to the expiration of the Rents received therein. To stated term thereof except, to the best of Borrower’s knowledgeextent contained in the Lease, no tenant listed on Schedule I (n) Master Tenant has not assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any (o) the Master Lease has a right or option pursuant is subordinate to such Lease or otherwise to purchase all or any part the Mortgage and the Assignment of Leases and provides that the leased premises or the building of which the leased premises are a part. No Master Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention agreed to use its 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. True, correct and complete copies of the Leases have been provided attorn to Lender and such Leases have not been modified or amended in any waypurchaser at a foreclosure sale.

Leases. The Property rent roll, which is not subject to any leases other than the Leases described in the rent roll included as part of Seller’s Deliveries, and which is attached hereto as Schedule V 9.8 and made incorporated herein by reference, is a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. Truetrue, correct and complete copies list of the Leases and Tenants including, but not limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll includes an addendum describing, with respect to each Lease, the amount of any advance or prepaid rentals which have not accrued, rental holidays which have not expired and other allowances granted any Tenant which have not been fully utilized, if any. All of the information on the rent roll, including the description of the space, the rent and other charges payable by Tenants, the terms and options to renew, and the Security Deposits, also is complete, true and correct. The Leases provided to Lender Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been modified amended or amended modified. Seller is the “Landlord” or “Lessor” under the Leases and has full power and authority to assign the same to Buyer. Seller has not received written notice of any uncured event of default with respect to the performance of any of its obligations under the Leases. To the best of Seller’s knowledge, each of the Leases is in full force and effect and there is no monetary or non-monetary default under any wayLease by either the landlord or the tenant thereunder, nor has an event occurred which with the giving of notice or the passage of time or both would result in a default thereunder by either the landlord or the tenant thereunder. To the best of Seller’s knowledge, no valid claims or rights of offset exist with respect to the Leases. Except as provided on Schedule 9.8 attached hereto and incorporated herein by reference, no Leasing Commissions, Tenant Inducement Costs or other amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the renewal thereof, or any other options thereunder, nor does there exist any Leasing Commissions, Tenant Inducement Costs or other amounts which may become payable to any Person under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. To the best of Seller’s knowledge, there is no intention or indication of intention by any Tenant to terminate its Lease or to limit, amend or alter its Lease or its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the work (including all tenant improvements) to be constructed and installed by the landlord in the leased premises pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or before the Closing.

Leases. The Property is not subject Rent Roll and Delinquency Report provided to any leases other than Buyer pursuant to Section 4, as updated pursuant to Section 6.3.5, are true, correct, and complete as of the date prepared. Seller has or will, pursuant to Section 4, deliver to Buyer true, accurate and complete copies of all of the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of BorrowerSeller’s knowledge, (a) there are no defaults thereunder by either party leases, subleases, licenses, occupancies or tenancies in effect pertaining to any portion of the Property, and (b) no persons, tenants or entities occupy space in the Property, except as stated on the most current Rent Roll. To the best of Seller’s knowledge, there are no conditions thatrights to renew, extend or terminate the Leases or expand any Lease premises, except as shown in the Rent Roll, the Leases and the Due Diligence Items. To the best of Seller’s knowledge and except as expressly set forth in the Leases and Due Diligence Items, no brokerage commission or similar fee is due or unpaid by Seller with respect to any Lease, and there are no written or oral agreements that will obligate Buyer, as Seller’s assignee, to pay any such commission or fee under any Lease or extension, expansion or renewal thereof. To the passage best of time Seller’s knowledge, neither Seller nor any Tenant is in material default under its Lease. To the best of Seller’s knowledge, Seller is in full compliance with all of the landlord’s obligations under the Leases. Except as set forth in the Leases and Due Diligence Items, Seller has no obligation to any Tenant under the Leases to further improve such Tenant’s premises or the giving of notice, to grant or both, would constitute defaults thereunderallow any rent or other concessions. No Rent (including security deposits) has rent or other payments have been paid collected in advance for more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent no rents or other paymentsdeposits are held by Seller, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of except the Rents received therein. To security deposits described on the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of Rent Roll and rent for the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waycurrent month.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described disclosed to Lender in writing or set forth in the rent roll occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto as Schedule V and made a part hereofhereto, there are no Major Leases on any Individual Property. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and there are no defaults by Borrower or, to the best of Borrower’s knowledge, any tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. No Except as disclosed to Lender in writing or set forth in the Rent Rolls delivered to Lender on or prior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledge, all any portion of the Rents. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federalFederal, state State or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower have any knowledge of any Tenanttenant’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. True. (b) With respect to any Individual Property located within the State of New York, correct and complete copies Lender shall have all of the Leases have been provided to Lender and such Leases have not been modified or amended rights against lessees of each Individual Property located in any waythe State of New York set forth in Section 291-f of the Real Property Law of New York.

Leases. (a) The Property rent roll attached hereto as Schedule 4.20 (the “Rent Roll”) is true, complete and correct as of the date thereof, and the Premises is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereofRent Roll. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property Premises or right to occupy the same except under and pursuant to the provisions of the Leasesa Lease. The current Leases identified on the Rent Roll are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party landlord, and (b) to the best of the knowledge of Borrower, any tenant, and, to the knowledge of Borrower, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance The forms of its due date. To the best Leases delivered to Lender are true and correct copies of the Lease forms used by Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any there are no oral agreements with respect thereto. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. The tenants under the Leases evidenced by the Rent Roll have accepted possession of and are in occupancy of all of their respective Pad Site and have commenced the payment of full, unabated rent under the Leases. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents rents received thereintherein which is still in effect. To the best of Borrower’s knowledge, no tenant listed on Schedule I the Rent Roll has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises . (b) All Leases for Pad Sites by Home Owners are a part. No Tenant has no right or option on forms that are customary for additional space similar manufactured home communities in the Improvements. Except as same geographical location, and contain terms that: (i) are for initial terms of at least 12 months and not more than 2 years (unless otherwise disclosed approved in writing by the Environmental Report (as defined in the MortgageLender), no hazardous wastes or toxic substances(ii) list Borrower as the landlord and owner therein, as defined (iii) subordinate the Lease to the mortgage lien of Lender, (iv) require payment of rents and other amounts payable by applicable federalHome Owners be payable to Borrower, state or local statutesand (v) are substantially similar in form and substance to those previously delivered and approved by Lender and/or Lender’s counsel. All Leases for Pad Sites by Home Owners include a provision requiring that tenants comply with all laws, rules and regulationsregulations applicable to manufactured homes and manufactured home communities, have been disposedincluding any laws, stored rules and regulations promulgated by the U.S. Department of Housing and Urban Development and the Community Rules. (c) All Leases for Pad Sites by Home Owners are bona fide leases made to Home Owners that are required to locate a Manufactured Home thereon. (d) All Leases for Pad Sites require Home Owners to maintain property damage insurance to ensure the Manufactured Homes are protected from loss or treated by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct damage from fire and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayother hazards.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as on Schedule V II and made a part hereofhereof and the Operating Lease. Operating Lessee is the owner and lessor of landlord’s interest in the Leases other than the Operating Lease. Borrower is the owner and lessor of landlord’s interest in the LeasesOperating Lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases and Room License Agreements. The To the Borrower’s knowledge, the current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To Borrower’s knowledge, except as disclosed to Lender on Schedule II hereof, (a) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, (b) all work to be completed by Borrower prior to the date hereof performed under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There , (c) there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledgetherein which remains in effect, (d) in each case, unless otherwise indicated thereon, no tenant listed on Schedule I II has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant , (e) no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant , and (f) no tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, and to the best Best of Mezzanine Borrower’s knowledge's Knowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Mezzanine Lender or the Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Mortgage Borrower of Mortgage Borrower's interest in any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Mortgage Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases other than the Master Lease and the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor of landlord’s interest in in, and is lessor under, the Master Lease, and Master Tenant is the owner of landlord’s interest in, and is lessor under, the Leases. Borrower is the holder of an assignee’s interest of the Rents from Leases pursuant to the Master Lease ALR. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the LeasesMaster Lease, the Leases and Hotel Transactions. The current Master Lease is in full force and effect and there is no Event of Default (as defined in the Master Lease) thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute such an Event of Default. The Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) to Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) or any amounts payable by Master Tenant to Borrower under the Master Lease has been paid more than one (1) month in advance of its due date. To All security deposits are held by Borrower or Master Tenant (as applicable) in accordance with applicable law. Except as disclosed in the best tenant estoppels delivered to Lender in connection with the closing of Borrower’s knowledgethe Loan or as disclosed in the rent roll, all work to be completed performed by Borrower prior to under the date hereof Master Lease and Master Tenant under each Lease has been performed as required and has been accepted by Master or the applicable tenantrelevant Tenant (as applicable), and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to Master Tenant or by Master Tenant to any tenant Tenant has already been received by Master Tenant or such tenantTenant (as applicable). There Except pursuant to the Master Lease ALR, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Master Lease, any Lease Lease, the rents payable under the Master Lease, or of the Rents received thereinunder the Leases which is outstanding. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or subleasesublease (other than with respect to the Master Lease), nor does anyone except such tenant Tenant and its employees occupy such leased premisespremises (other than Master Tenant pursuant to the Master Lease). No Neither Master Tenant nor any Tenant under any Lease has a right or option pursuant to the Master Lease or such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described disclosed to Lender in writing or set forth in the rent roll occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto as Schedule V and made a part hereofhereto, there are no Major Leases on any Individual Property. Borrower is the owner and lessor of landlord’s 's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and there are no defaults by Borrower or, to the best of Borrower's knowledge, any tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower’s 's knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. No Except as disclosed to Lender in writing or set forth in the Rent Rolls delivered to Lender on or prior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledge, all any portion of the Rents. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s 's knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower's knowledge, no hazardous wastes or toxic substances, as defined by applicable federalFederal, state State or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower have any knowledge of any Tenant’s 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. True. (b) With respect to any Individual Property located within the State of New York, correct and complete copies Lender shall have all of the Leases have been provided to Lender and such Leases have not been modified or amended rights against lessees of each Individual Property located in any waythe State of New York set forth in Section 291-f of the Real Property Law of New York.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V II and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either any party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except as disclosed and certified by Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I II has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as disclosed in existing Leases. Except as otherwise disclosed by Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report (as defined in the Mortgage)date hereof shall be subject to Lender’s prior written approval. Lender shall execute and deliver its standard form of subordination, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules non-disturbance and regulations, have been disposed, stored or treated by any tenant attornment agreement to Tenants under any future Major Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention approved by Lender promptly upon request, with such commercially reasonable changes as may be requested by such Tenants, and which are reasonably acceptable to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLender.

Leases. The rent roll for each Property attached hereto as Schedules 7 (collectively, the “Rent Roll Schedules”) is not true, complete and correct in all material respects and none of the Properties is subject to any leases Leases other than the related Operating Lease and the Leases described in the rent roll attached hereto Rent Roll Schedules, as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leasesapplicable. The current Leases identified on the Rent Roll Schedules are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either any party thereto. The copies of the Leases delivered to Lender are true and (b) complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All construction work to be completed performed by each Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any Tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to any tenant Tenant has already been received by such tenantTenant. There Each Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property owned by such Borrower that have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of any Lease or which are held by such Borrower in accordance with the terms of the Rents received thereinapplicable Lease and applicable Legal Requirements. To the best of Borrower’s Borrowers’ knowledge, each Tenant is free from bankruptcy or reorganization proceedings. To Borrowers’ knowledge, no tenant listed on Schedule I has assigned its Tenant under any Lease or sublet all or any portion is default under the terms and conditions of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesLease. No Tenant under any Lease (or any sublease) (other than the Operating Leases) is an Affiliate of any Borrower, except as may be otherwise disclosed on the Rent Roll Schedules, as appropriate. The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises, and are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has a right been previously disclosed to Lender in writing, and no such fees or option pursuant to commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or otherwise to purchase all or any part expansion of the space leased premises or the building of which the leased premises are a part. No Tenant thereunder, except as has no right or option for additional space in the Improvements. Except as otherwise previously been disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases leases, subleases, licenses, concessions or other than agreements related to the Leases described in leasing or renting of the rent roll attached hereto Property or any portion thereof, except for the Principal Lease (as Schedule V and made a part hereof. Borrower is amended from time to time), or as set forth on the owner and lessor of landlord’s interest in the LeasesRent Roll (as defined herein). No Person person has any possessory interest in the Property or right to occupy the same except under and same, other than pursuant to the provisions Principal Lease disclosed in the Rent Roll. Borrower hereby represents that: (i) Borrower has delivered a schedule (the “Rent Roll”) of all Leases affecting the Property, which is attached to the Closing Certificate, which accurately and completely sets forth in all material respects for each Lease, the following: the name of the Tenant, the Lease expiration date, the space demised and amount of rent, which Rent Roll is true, correct and complete as of the date hereof; and (ii) the Borrower is the owner and holder of the landlord’s interest under the Leases. The current , and there are no prior assignments of all or any portion of the Leases or any portion of the Rents and Profits which are presently outstanding and have priority over the assignment of leases and rents contained herein in full force Section 1.9 given by Borrower to Lender; and effect and(iii) each Lease constitutes the legal, valid and binding obligation of Borrower; and (iv) to the best of Borrower’s knowledge, (a) there are after due and diligent inquiry and investigation no defaults thereunder by either party and (b) there are no conditions thatdefault exists, or with the passage passing of time or the giving of noticenotice or both would exist, under any Lease which would, in the aggregate, have a material adverse effect on Borrower or both, would constitute defaults thereunder. No Rent the Property; and (including security depositsv) except as disclosed in writing in an estoppel certificate by such Tenant that has been delivered to Lender in connection with the Loan, to the Borrower’s knowledge, after due and diligent inquiry and investigation, no Tenant has any offset or defense to the payment of rent under its Lease; and (vi) except as disclosed in writing in an estoppel certificate by such Tenant that has been delivered to Lender in connection with the Loan, no Tenant has, as of the date hereof, paid rent under its Lease more than one (1) month in advance of its due date. To advance, and the best of Borrower’s knowledgerents under such Lease has not been waived, released, or otherwise discharged or compromised; and (vii) except as disclosed in writing in the estoppel certificate delivered to Lender in connection with the Loan all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantsubstantially performed, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required all contributions to be given made by Borrower to any tenant has already the Tenant thereunder have been received made and all other conditions precedent to each Tenant’s obligations thereunder have been satisfied; and (viii) except as disclosed in writing in an estoppel certificate by such tenant. There Tenant that has been no prior saledelivered to and accepted by Lender in connection with the Loan, transfer or assignment, hypothecation or pledge of any each Tenant under a Lease or has entered into occupancy of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I demised premises; and (ix) Borrower has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant delivered to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. TrueLender true, correct and complete copies of all Leases described in the Leases have been provided Rent Roll; and (x) to Lender the best of Borrower’s knowledge and such Leases have not been modified belief, each Tenant is free from bankruptcy, reorganization or amended arrangement proceedings or a general assignment for the benefit of creditors; and (xi) except as specifically described in the Title Insurance Policy, no Lease provides any wayparty with the right to obtain a lien or encumbrance upon the Property superior to the lien of this Mortgage.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan and the Air Rights Lease. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases or the REAs. The current Leases are in full force and effect and, and to the best of Mezzanine Borrower’s 's knowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed in the Loan Agreement (Mortgage), on the certified rent roll delivered to Mezzanine Lender or the Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed Loan and as required and has been accepted by otherwise set forth in the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan Agreement (Mortgage). There has been no prior sale, transfer or assignment, hypothecation or pledge by Mezzanine Borrower of any Lease or of the Rents received therein, which will be outstanding following the funding of the Loan, other than those being assigned to Mezzanine Lender concurrently herewith. To Other than the best of Borrower’s knowledgeright to purchase the Air Rights Parcel as contained in the Air Rights Lease, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent (i) true copies of the forms of the Leases described used by the Borrower at the Collateral Property as of the date hereof and (ii) true, correct and complete copies of the Leases and any amendments or other agreements thereto relating to the Collateral Property as of the date of inclusion of the Collateral Property in the rent roll attached hereto Collateral. An accurate and complete Rent Roll and summary thereof in a form reasonably satisfactory to the Agent as Schedule V and made a part hereof. Borrower is of the owner and lessor date of landlord’s interest inclusion of the Collateral Property in the LeasesCollateral with respect to all Leases of any portion of the Collateral Property has been provided to the Agent. No Person has any possessory interest The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements and understandings relating to leasing or licensing of space at the Collateral Property and in the Property or right to occupy the same except under and pursuant to the provisions Building relating thereto. Each of the Leases. The current Leases are was entered into as the result of arms-length negotiation and has not been modified, changed, altered, assigned, supplemented or amended in full force and effect andany respect, except as set forth in a separate written certification delivered to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower Agent prior to the date hereof under each Lease has been performed acceptance of such Collateral Property as required and has been accepted by the applicable tenantCollateral, and no tenant is entitled to any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances reduction or abatements required alternate rent, offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or reduced or altered rent as a result of the operation of any co-tenancy or similar clause, except as set forth in a separate written certification delivered to be given by Borrower Agent prior to the acceptance of such Collateral Property as Collateral. There are no occupancies, rights, privileges or licenses in or to the Collateral Property or portion thereof other than pursuant to the Leases reflected in Rent Rolls previously furnished to the Agent for the Collateral Property. Except as set forth in a separate written certification delivered to Agent prior to the acceptance of such Collateral Property as Collateral, (a) the Leases reflected in the Rent Roll are in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and neither the Borrower, the Guarantors nor any of their respective Subsidiaries has already been received by such tenant. There has been no prior sale, transfer given or assignment, hypothecation or pledge made any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To the best of Borrower’s knowledgeLeases, and (b) no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a currently effective right to terminate its Lease as a result of the operation of any co-tenancy or option similar clause. The separate written certification delivered to Agent prior to the acceptance of such Collateral Property as Collateral accurately and completely sets forth all rents payable by and security, if any, deposited by tenants, no tenant having paid more than one month’s rent in advance. All tenant improvements or work to be done for tenants on the Rent Roll, furnished or paid for by the Borrower, the Guarantors or any of their respective Subsidiaries, or credited or allowed to a tenant, for, or in connection with, the Building pursuant to any Lease has been completed and paid for or provided for in a manner satisfactory to the Agent except as set forth in the separate written certification delivered to Agent prior to the acceptance of such Lease Collateral Property as Collateral. No material leasing, brokerage or otherwise to purchase all like commissions, fees or payments are due from the Borrower, the Guarantors or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space their respective Subsidiaries in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies respect of the Leases have been provided except as set forth in the separate written certification delivered to Lender and Agent prior to the acceptance of such Leases have not been modified or amended in any wayCollateral Property as Collateral.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule V and made a part hereof. Borrower or Operating Tenant, as the case may be, is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Major Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no material defaults thereunder by either party Borrower or Operating Tenant, as the case may be, or any tenant under any Major Lease, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Major Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be completed performed by Borrower prior to or Operating Tenant, as the date hereof case may be, under each Major Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Tenant, as the case may be, to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Major Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisestherein which is still in effect. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower have any knowledge of any Tenanttenant’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 Hazardous Materials, except those that are both (i) in material compliance with current Environmental Laws 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, clean, repair and maintain the applicable Individual Property or any toxic each tenant’s respective business at such Individual Property as set forth in their respective Leases, (B) held by a tenant for sale to the public in its ordinary course of business, or hazardous chemical, material, substance (C) fully disclosed in the Environmental Reports or waste. True, correct otherwise disclosed to and complete copies of the Leases have been provided to approved by Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, and to the best of Borrower’s 's knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s 's knowledge, no tenant nontenant listed on Schedule I II has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as set forth in Schedule II, no tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as set forth in Schedule II. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no 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 Property leased premises nor does Borrower have any knowledge of any Tenant’s 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. True, correct except in either event, incompliance with applicable federal, state or local statues, rules and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayregulations.

Leases. The To Borrower's best knowledge the rent roll attached hereto as Schedule 3 together with the schedules and the exhibits attached to such rent roll (collectively, the "Rent Roll") is true, complete and correct and the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V Rent Roll and made a part hereofany existing subleases thereunder and the Master Lease. Borrower is the owner and lessor of landlord’s interest in the Leases. No To Borrower's best knowledge no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (and any existing subleases thereunder) and the Master Lease. The current As of the date hereof (i) Borrower is the owner and holder of the landlord's interest under each Lease; (ii) there are no prior assignments of the landlord's interest by Borrower (and to Borrower's knowledge any prior landlord) in any Lease or any portion of Rents which are presently outstanding and have priority over the Assignment of Leases are and Rents (the "Assignment of Leases and Rents"), dated the date hereof, given by Borrower to Lender and intended to be duly recorded; (iii) true and correct copies of the Leases have been delivered by Borrower to Lender or made available to Lender and, to Borrower's knowledge, the Leases have not been further modified or amended, except as disclosed to Lender in writing on or prior to the date hereof; (iv) to Borrower's best knowledge, each Lease is in full force and effect effect; (v) to Borrower's best knowledge, except as disclosed on the Rent Roll or in any tenant estoppels delivered to Lender in connection with the Loan (collectively, the "Tenant Estoppels"), neither Borrower nor, to Borrower's knowledge, any tenant under any Lease is in default under any of the material terms, covenants or provisions of the Lease, and, except as disclosed to the best Lender in writing or in any Tenant Estoppels, Borrower knows of Borrower’s knowledgeno event which, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with but for the passage of time or the giving of notice, notice or both, would constitute defaults thereunder. No an event of default under any Lease; (vi) to Borrower's best knowledge, except as expressly set forth in the Leases, the Tenant Estoppels or on the Rent Roll, there are no offsets or defenses to the payment of any portion of the Rents; and (including security depositsvii) has to Borrower's best knowledge, except as disclosed on the Rent Roll or in any Tenant Estoppel, all Rents due and payable under each Lease have been paid in full and, except for estimated payments of operating expenses and taxes made by tenants in accordance with their Leases, no Rents have been paid more than one one (1) month in advance of its the due datedates thereof. To For purposes of the best preceding sentence, the term "Lease" shall exclude subleases including the subleases of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted space covered by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayMaster Lease.

Leases. The Borrower has delivered a true, correct and complete schedule (the “Rent Roll”) of all Leases affecting the Property is not subject to as of the date hereof, which accurately and completely sets forth in all material respects for each such Lease, the following: the name of the Tenant, the Lease expiration date, the base rent payable, the amount of any leases rent prepaid more than one (1) month in advance, the security deposit held thereunder and any other than the material provisions of such Lease. Upon Lender’s written request, Borrower shall provide true, correct and complete copies of all Leases described in the rent roll attached hereto as Schedule V Rent Roll. Each Lease constitutes the legal, valid and made a part hereof. binding obligation of Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledgeknowledge and belief, (a) there are no defaults thereunder by either party and (b) there are no conditions thatis enforceable against the Tenant thereof. No default exists, or with the passage passing of time or the giving of noticenotice or both would exist, under any Lease which would, in the aggregate, have a material adverse effect on Borrower or the Property. Except as set forth in the Rent Roll, no Tenant under any Lease has, as of the date hereof, paid rent more than thirty (30) days in advance, and the rents under such Leases have not been waived, released, or both, would constitute defaults thereunderotherwise discharged or compromised. All security deposits required under such Leases have been fully funded and are held by Borrower in a separate segregated account or as otherwise required by applicable law. No Rent (including security deposits) has been paid more than one (1) month in advance Lease provides any party with the right to obtain a lien or encumbrance upon the Property superior to the lien of its due datethis Deed of Trust. To the best The Property forms no part of Borrower’s knowledgeany property owned, all work to be completed used or claimed by Borrower prior to as a residence or business homestead and is not exempt from forced sale under the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or laws of the Rents received thereinstate in which the Premises is located. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet Borrower hereby disclaims and renounces each and every claim to all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has Property as a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayhomestead.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All security deposits are held by Mortgage Borrower in accordance with applicable law. All work to be completed performed by Mortgage Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject Borrower represents and warrants to any leases other than Lender with respect to the Leases described in that: (a) the rent roll attached hereto as Schedule V I is true, complete and made a part hereof. Borrower correct and the Property is not subject to any Leases other than the owner and lessor of landlord’s interest Leases described in Schedule I, (b) except as set forth in the Leases. No Person has any possessory interest in estoppel letters to Lender or as set forth on Schedule I the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) knowledge and there are no defaults thereunder by either party Borrower, or to the knowledge of Borrower, any Tenant, (c) the copies of the Leases delivered to Lender are true and (b) complete, and there are no conditions thatoral agreements with respect thereto, with the passage of time or the giving of notice(d) except as otherwise disclosed on Schedule I, or both, would constitute defaults thereunder. No no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed (e) except as required and has been accepted by the applicable tenantotherwise disclosed on Schedule I, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenant. There Tenant, (f) all security deposits are being held in accordance with Legal Requirements, (g) Borrower has been no prior sale, transfer or assignment, hypothecation or pledge knowledge of any Lease notice of termination or default with respect to any Lease, (h) Borrower has not assigned or pledged any of the Rents received therein. To Leases, the best rents or any interests therein except to Lender, (i) no Tenant or other party has an option or right of Borrower’s knowledgefirst refusal or offer, no tenant listed on Schedule I has assigned its Lease or sublet to purchase all or any portion of the premises demised therebyProperty; and (j) except as otherwise disclosed on Schedule I, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease that is not a Major Lease has a the right or option pursuant to such terminate its Lease or otherwise prior to purchase all or any part expiration of the leased premises stated term of such Lease. For purposes hereof, the term “Lease” shall not include any sublease or the building of other occupancy agreement to which the leased premises are Borrower is not a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayparty.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule V and made a part hereof. Borrower or Operating Tenant, as the case may be, is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Major Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no material defaults thereunder by either party Borrower or Operating Tenant, as the case may be, or any tenant under any Major Lease, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Major Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be completed performed by Borrower prior to or Operating Tenant, as the date hereof case may be, under each Major Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Tenant, as the case may be, to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Major Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisestherein which is still in effect. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower have any knowledge of any Tenanttenant’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 Hazardous Materials, except those that are both (i) in material compliance with current Environmental Laws 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, clean, repair and maintain the Property or any toxic each tenant’s respective business at the Property as set forth in their respective Leases, (B) held by a tenant for sale to the public in its ordinary course of business, or hazardous chemical, material, substance (C) fully disclosed in the Environmental Reports or waste. True, correct otherwise disclosed to and complete copies of the Leases have been provided to approved by Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is not subject Borrowers have delivered to any leases other than the Agent true and complete copies of the Leases and any amendments thereto relating to each Collateral Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Collateral Property in the Collateral with respect to all Leases of any portion of the Collateral Property has been provided to the Agent. The Leases previously delivered to Agent as described in the rent roll attached hereto preceding sentence constitute as Schedule V of the date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the LeasesBuilding relating thereto. No Person has tenant under any possessory interest in the Property or right Lease is entitled to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Borrowers and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein. To respective Borrower as landlord under the best of Borrower’s knowledgeLease, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premiseswhich would result in a Material Adverse Effect. No Tenant security deposit or advance rental or fee payment (more than 2 months in advance) has been made by any lessee or licensor under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space Leases except as may be specifically designated in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided furnished to Lender and the Agent or as otherwise disclosed to Agent in writing. No property other than the Collateral Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Leases have not been modified or amended in any wayLease.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V XI is true, complete and made a part hereofcorrect in all material respects and no Individual Property is subject to any material Leases other than the Leases described on Schedule XI. Borrower Either Owner or Operating Lessee is the owner and lessor of landlord’s interest in the Leases. No Person (other than Owner) has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (other than typical short-term occupancy rights of hotel guests). The current Leases identified on Schedule XI are in full force and effect and there are no material defaults thereunder by Owner, Operating Lessee or, to Borrower’s and Leasehold Pledgor’s knowledge, the other party beyond any applicable notice or cure period (except as disclosed on Schedule XI), and, to the best of Borrower’s and Leasehold Pledgor’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent relating to the Leases (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof Owner or Operating Lessee under each Lease has been performed as required and has been accepted by the applicable tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Owner or Operating Lessee to any tenant has already been received by such tenanttenant except as otherwise set forth on Schedule XI. The tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Borrower or Leasehold Pledgor has delivered to Lender a true, correct and complete list of all security deposits made to Owner or Operating Lessee by tenants at the Properties which have not been applied (including accrued interest thereon), all of which are held by Owner or Operating Lessee in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s and Leasehold Pledgor’s knowledge, each tenant is free from bankruptcy or reorganization proceedings. No tenant under any Lease (or any sublease) is an Affiliate of any Loan Party. To Borrower’s and Leasehold Pledgor’s knowledge, the tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Individual Property, except as set forth on Schedule XI. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents relating thereto or other Gross Revenue received thereintherein which will be outstanding following the funding of the Loan (other than to Lender). To the best of Borrower’s knowledge, no No tenant listed on Schedule I XI has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor nor, to Borrower’s and Leasehold Pledgor’s knowledge, does anyone except such tenant and its employees employees, guests and invitees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except , except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waySchedule XI.

Leases. The Schedule 3.9 sets forth a copy of the most recent rent roll for each Real Property (each, a “Rent Roll”), which Rent Roll, to such Seller’s Knowledge, is not subject to any leases true and correct in all material respects as of the date of such Rent Roll. Except as noted in the Rent Roll, (i) all rent and other than charges due under the Leases described in the rent roll attached hereto as Schedule V have been paid and made a part hereof. Borrower is the owner and lessor of landlord’s interest in there are no arrears or past due amounts due under the Leases. No Person , (ii) no rent or other charge under any Lease has been paid for more than thirty (30) days in advance of its due date, and (iii) except as may be noted on Schedule 3.9.1, no tenant under any possessory interest in Lease has been given any concession, rebate, allowance or free rent for any period after the Property or right to occupy the same date of Closing, and (iv) except under and pursuant to the provisions as may be noted on Schedule 3.9.1, all construction obligations of the LeasesSellers have been fully satisfied. The current Leases are in full force and effect and constitute the valid and binding legal obligations of the respective tenants thereunder (the “Tenants”). No Seller has received any written notice of any dispute, termination or default from any Tenant under any of the Leases, and, except as may be noted on the Rent Roll or in the lease files delivered or made available by Sellers to Buyers, no Seller has any Knowledge of (1) any dispute or any existing and uncured material default, or any claim of default (or any right to set-offs, offsets or abatements of or against rent or any other charges currently payable under its Lease), by such Seller or by any Tenant under any of the best of Borrower’s knowledgeLeases, or (a2) there are no defaults thereunder by either party any event that has occurred and (b) there are no conditions thatis continuing which, with the giving of notice or passage of time or the giving of noticetime, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work or would reasonably be expected to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant constitute a material default under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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 wasteLease. True, correct and complete copies of the Leases (including, without limitation, all amendments, modifications, supplements, restatements and guarantees thereof) have been provided made available by Sellers to Lender Buyers. (a) Schedule 3.9 sets forth a true, correct and complete list of all Leases. Other than the Leases on Schedule 3.9, the ACS Lease (which shall be terminated prior to Closing) and the License Agreements (including those on Schedule 3.10), there are no leases, rental agreements, licenses or other occupancy agreements (or other agreements modifying or supplementing the foregoing) granted by Sellers with respect to any Real Property. (b) Schedule 3.9 sets forth a true, correct and complete list of all security deposits (and indicates whether cash or non-cash (i.e. letters of credit)) paid or deposited by a Tenant pursuant to its Lease. All Tenant security deposits that are required to be deposited in escrow pursuant to any Lease have been so deposited and are being held by the applicable Seller or have been applied by such Leases have not been modified Seller in accordance with each Lease and all applicable Laws. (c) Schedule 3.9 sets forth a true, correct and complete list of all unpaid tenant allowances, other tenant incentives, brokerage commissions, and/or leasing fees owed or amended in that could come due under any wayof the Leases.

Leases. The Property is not subject to any leases Leases other than the Prime Lease, the Sublease and the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, and to the best Best of Borrower’s knowledgeKnowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Lender or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject There are no leases, licenses or other agreements granting to any leases party any tenancy, license or right to use or occupy any portion of the Real Property other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant (or, to the provisions Knowledge of Seller, subleases, licenses, tenancies or other possession or occupancy agreements entered into by the tenants under Leases). Seller has made available to the Purchasers true, correct and complete copies of each of the Leases. The current Leases are Except as set forth on Section 15(x) of the Seller Disclosure Letter, (i) each Lease is in full force and effect and constitutes valid, legal and binding obligations of the applicable Selling Entity and/or Specified Entity or upon formation of the PropCo Acquired Companies, the applicable PropCo Acquired Company, enforceable in accordance with their terms, subject to general principles of equity and to bankruptcy, insolvency, reorganization, moratorium or other similar laws presently or hereafter in effect affecting the rights of creditors or debtors generally, (ii) neither the applicable Selling Entity nor the applicable Specified Entity nor, upon formation of the PropCo Acquired Companies, the applicable PropCo Acquired Company nor any counterparty under any Lease is in material default and, to the best Knowledge of Borrower’s knowledgeSeller, (a) there are no defaults thereunder by either party and (b) there are no conditions that, event has occurred which with notice or the passage of time or the giving of noticetime, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated material default by any tenant under any Lease on Lease, (iii) there are no unpaid monetary obligations owed to any tenant or about tenant improvement allowances in connection with the Property current term of the Tenant Leases (including, without limitation, the MSG Sphere Lease) entered into prior to the date hereof, and (iv) neither the applicable Selling Entity nor does Borrower have the applicable Specified Entity nor, upon formation of the PropCo Acquired Companies, the applicable PropCo Acquired Company, has given or received any knowledge written notice of the intention of any Tenant’s intention party to use its premises for terminate or not renew any activity which, directly Lease or indirectly, involves the use, generation, treatment, storage, disposal or transportation any assertion in writing of any petroleum product default, offset, counterclaim or any toxic deduction to the payment of rent that remains outstanding and, to the Seller’s Knowledge, no such default, or hazardous chemicalright of offset, material, substance counterclaim or waste. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waydeduction exists.

Leases. The Property is not subject to any leases Leases other than the Prime Lease, the Operating Lease and the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, and to the best Best of Mezzanine Borrower’s knowledgeKnowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Mezzanine Lender or the Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Mortgage Borrower of Mortgage Borrower’s interest in any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Mortgage Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The There are no occupancy agreements, leases, lettings or tenancies in effect to which Seller is a party that will affect the Real Property is not subject to any leases other than after Closing, except the Leases described in with tenants listed on the rent roll (the “Rent Roll”) attached hereto as Schedule V Exhibit O. To Seller’s Knowledge, the Rent Roll is true, correct and made a part hereof. Borrower is complete in all material respects and sets forth the owner amount of any tenant security deposits and lessor letters of landlord’s interest credit held by Seller, and any guaranties in favor of Seller, in connection with the Leases. No Person To Seller’s Knowledge, copies of the Leases that are true, correct and complete in all material respects, including all amendments, renewals, modifications, guaranties and assignments thereof, have been delivered to Buyer. To Seller’s Knowledge, neither the tenants of the Property nor any other person has any possessory interest in right, option or agreement to purchase the Property, including purchase options or rights of first refusal to purchase the Property or right any portion thereof. With respect to occupy each tenant at the same Real Property, except under and pursuant as set forth in the Rent Roll: (i) to the provisions of the Leases. The current Leases are Seller’s Knowledge, (1) such tenant's Lease is in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b2) there are no conditions that, with default beyond any applicable notice and cure periods under the passage Lease exists thereunder; (ii) Seller has not sent to or received from any tenant a written notice of time default under such tenant’s Lease which has not been cured or the giving of notice, or both, would constitute defaults thereunder. No Rent waived; (including security depositsiii) no rent not yet due and payable under such tenant's lease has been paid more than one (1) month in advance of its due date. To ; (iv) such tenant has not asserted in writing, nor, to Seller’s Knowledge, has such tenant threatened to assert, any claim of offset or other defense in respect of its or the best of Borrowerlandlord's obligations under its Lease; and (v) except as set forth on Exhibit O, to Seller’s knowledgeKnowledge, (1) all work required to be completed performed by Borrower prior Seller or GCI, as landlord, pursuant to the date hereof under each Lease has been performed as required Leases and has been accepted by the applicable tenant, and any payments(2) all tenant improvement allowances, free rent, partial rent, rebate of rent or abatements and other payments, credits, allowances or abatements concessions required to be given paid by Borrower Seller or GCI, as landlord, pursuant to any tenant has already been received by such tenant. There the Leases, has been no performed or paid, or will be performed or paid, prior saleto Closing and, transfer if not so performed or assignmentpaid, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant will be credited to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayBuyer at Closing.

Leases. The Property is not subject to any leases other than Leases described on the Rent Roll in Exhibit F comprise all the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower presently existing and, to Seller’s best knowledge, each is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, effect; no Lease has been modified or supplemented except (aif at all) there are as set forth on Exhibit F; no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) rent has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable any tenant, and any paymentsand, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the Seller’s best of Borrower’s knowledge, no tenant is entitled to any defense, credit, allowance or offset against rental; to Seller’s best knowledge, the information set forth in Exhibit F is true, correct, and complete. To Seller’s knowledge, there is no default of either landlord or tenant under any of the Leases, and no state of facts which with notice and/or the passage of time would ripen into a default, except as set forth on Exhibit F. There are no persons or entities entitled to possession of the Property other than those listed on Schedule I Exhibit F. No work or installations is required of Seller except as specified (if at all) in the Leases, and in any case Seller has assigned its fully completed all improvements specified in any Lease to be the responsibility of the landlord and has paid all tenant improvement costs. There are no leasing commissions due from Seller nor will any become due in connection with any Lease or sublet all the renewal thereof, and no understanding or agreement exists in regard to payment of any portion of the premises demised thereby, no such tenant holds its leased premises under assignment leasing commissions from Seller or sublease, nor does anyone except such tenant and its employees occupy such leased premisesfees for future Leases. No Tenant under any Lease Seller has a right or option pursuant not granted to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 a Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic other person an option, right of first refusal, or hazardous chemicalany other right to purchase the Property. In the event any such option, materialright of first refusal or any other right to purchase does exist, substance in writing, on the date hereof, Seller shall deliver to Purchaser a written and recordable instrument signed by the holder thereof, irrevocably and unconditionally waiving, cancelling, terminating and annulling any such option, right of first refusal or waste. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayother right.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases and any amendments thereto relating to the Mortgaged Property. An accurate and complete Rent Roll as of the date of inclusion of the Mortgaged Property in the Collateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases previously delivered to Agent as described in the rent roll attached hereto preceding sentence constitute as Schedule V of the date thereof the sole agreements between Borrower or any predecessor of Borrower and made a part hereof. Borrower is the owner tenants relating to leasing or licensing of space at the Mortgaged Property and lessor of landlord’s interest in the LeasesBuilding relating thereto. No Person has tenant under any possessory interest in the Property or right Lease is entitled to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date hereof, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, Borrower has already been received by such tenant. There has been no prior salenot given or made, transfer or assignment, hypothecation or pledge any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To Leases, and to the best of the knowledge and belief of Borrower’s knowledge, there is no tenant listed on Schedule I has assigned its Lease basis for any such claim or sublet all or notice of default by any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisestenant. No Tenant under any Lease has a right or option pursuant property other than the Mortgaged Property is necessary to such Lease or otherwise to purchase all or any part of comply with the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report requirements (as defined in the Mortgage)including, no hazardous wastes or toxic substanceswithout limitation, 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended parking requirements) contained in any wayLease.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Mortgage Borrower is the owner and lessor of the landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Mortgage Borrower prior to the date hereof under each Lease has been performed as required in such Lease and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledgeExcept as provided in Schedule I attached hereto, no tenant listed on Schedule I attached hereto has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject (a) Prior to the Closing, the Seller shall terminate any leases and all leases, licenses, contracts, agreements, arrangements, and other than obligations, whether written or oral, relating to the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor use, occupancy, or possession of landlord’s interest in the Leases. No Person has any possessory interest in portion of the Property or right and existing as of the Effective Date (“Leases”). (b) The schedule of all Leases is attached to occupy this Agreement as Exhibit 5, and sets forth the same except under and pursuant to names of the provisions tenants, the duration of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any paymentssecurity deposits held by the Seller. Exhibit 5 is a true, free rentcorrect, partial rentand complete list of all Leases, rebate of rent or and the other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantinformation set forth thereon is accurate and complete. There has been are no prior sale, transfer parties that have any rights of occupancy or assignment, hypothecation or pledge possession of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised therebyProperty as of the Effective Date, no such except as set forth in Exhibit 5. (c) The Seller shall deliver to the Purchaser true and correct copies of all Leases on or before the Effective Date. The Seller represents that each of the Leases is unmodified, in full force and effect, and neither the Seller nor the tenant holds its leased premises under assignment or subleasethereunder is in default in any material respect. The Seller further represents that all of the Leases can be terminated before the Closing, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any without material default on the part of the leased premises Seller, and that no tenant under a Lease has any right to renew or extend the building term of which its Lease, or any right of first refusal to purchase the leased premises are a part. No Tenant has no right Property or option for lease additional space in the Improvements. Except Property. (d) The Seller represents that there are no brokers’ commissions, finders’ fees, or other charges payable or to become payable to any third party on behalf of the Seller as otherwise disclosed by a result of or in connection with any Lease or any transaction related thereto, including, without limitation, any exercised or unexercised option(s) to expand or renew. (e) If the Environmental Report Purchaser elects (or is deemed to have elected) to proceed with the Closing on the Inspection Termination Date (as defined in the MortgageSection 7.5), the Seller shall give, no hazardous wastes or toxic substanceslater than two (2) business days after the Inspection Termination Date, sufficient written notice to all tenants under the Leases in order to terminate each and every Lease for the Property. All tenants shall vacate, leave, move out of, evacuate, exit, depart from, and remove themselves and their property from the Property before the Closing Date, 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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 wastespecified in Section 9.2. True, correct and complete copies As of the Leases have been provided Closing Date, the Seller’s Representations and Warranties are, or will be, true and correct in every material respect. The Seller’s Representations and Warranties, and any document furnished by the Seller in accordance with this Agreement, do not contain any untrue statement of material fact or omit to Lender state a material fact required to be stated or necessary to make any statement therein not misleading. The Seller’s Representations and such Leases have not been modified or amended in any wayWarranties shall survive for two (2) years after the Closing Date.

Leases. The rent roll with respect to each Mortgaged Property attached hereto as Schedule 3.3.8 is true, complete and correct and no Mortgaged Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof3.3.8. Borrower Each applicable Mortgagor is the owner and lessor of landlord’s interest in the LeasesLeases with respect to each Mortgaged Property, and each applicable Borrower Entity is the collateral assignee and beneficiary of landlord’s interest in the Leases with respect to each Mortgaged Property. No Person has any possessory interest in the Mortgaged Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Except as identified on Schedule 3.3.8 attached hereto, the Leases identified on Schedule 3.3.8, to Borrower’s actual knowledge, are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party party, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except to the extent such defaults would not reasonably be expected to have a Material Adverse Effect. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed by Borrower prior to performed as of the date hereof hereof, by each Borrower Entity or Mortgagor, as applicable, under each Lease has been performed as required and has been accepted by the applicable tenant, and any Tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower Entity or Mortgagor, as applicable, to any tenant Tenant has already been received by such tenantTenant. To the extent required by the applicable Lease, the Tenants under the Leases have accepted possession of and, except as identified on Schedule 3.3.8 attached hereto, are in occupancy of all of their respective demised Mortgaged Property and have commenced the payment of full, unabated rent under the Leases. Each Borrower Entity has made available to Lender a true, correct and complete list of all security deposits made by Tenants at the Mortgaged Property which have not been applied (including accrued interest thereon), all of which are held, or have been used, by the applicable Borrower Entity or Mortgagor, as applicable, in accordance with the terms of the applicable Lease and applicable Legal Requirements. Except as identified on Schedule 3.3.8 attached hereto, each Tenant under a Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower Entity or Mortgagor. Except as identified on Schedule 3.3.8 attached hereto, the Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Mortgaged Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. Except as identified on Schedule 3.3.8 attached hereto, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect, other than by a Mortgagor to the applicable Borrower Entity. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I 3.3.8 has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property rent roll, which is not subject to any leases other than the Leases described in the rent roll attached hereto included as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are Seller’s Deliveries, is a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. Truetrue, correct and complete copies in all material respects and sets forth a list of the Leases and Tenants, including, but not limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll includes an addendum describing, with respect to each Lease, the amount of any Leasing Commissions owing, the amount of any advance or prepaid rentals which have not accrued, any rental holidays which have not expired and other Tenant Inducement Costs granted to any Tenant which have not been fully utilized, if any. All of the information on the rent roll, including the description of the leased premises, the rent and other charges payable by Tenants, the terms and options to renew, and the Security Deposits, also is true, correct and complete in all material respects. The Leases provided to Lender Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been amended or modified except as otherwise disclosed by Seller to Buyer. Seller is the “Landlord” or amended “Lessor” under the Leases and has full power and authority to assign the same to Buyer. Seller has not received written notice of any uncured event of default with respect to the performance of any of its obligations under the Leases. Each of the Leases is in full force and effect and there is no monetary or non-monetary default under any wayLease by either the landlord or the tenant thereunder, nor, to the best of Seller’s knowledge, has an event occurred which with the giving of notice or the passage of time or both would result in a default thereunder by either the landlord or the tenant thereunder. No valid claims or rights of offset exist with respect to the Leases. No Leasing Commissions, Tenant Inducement Costs or other amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the renewal thereof, or any other options thereunder (provided, however, if a Lease is renewed a commission may be due), nor does there exist any commission, compensation or other amount which may become payable to any broker or other agent under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. Seller has not received written notice from any Tenants indicating the intention of such Tenants to terminate its Lease or to limit, amend or alter its Lease or its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the work (including all tenant improvements) to be constructed and installed by Seller, as the landlord, in the leased premises located on the portion of the Property owned by such Seller and pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or before the Closing or if not an appropriate credit will be given to Buyer at the time of Closing.

Leases. The Property 3.10.1 Schedule 3.10 hereto is not subject to any an accurate and complete list of all leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor or rights of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and occupancy pursuant to which the provisions Company leases or subleases any real property or interest therein or personal property (the "Leases"). A true and correct copy of each Lease has been delivered to Purchaser together with all amendments and modifications thereto, and all subordination, non-disturbance and/or attornment agreements related thereto, and no changes have been made thereto since the Leasesdate of delivery. The current Leases are Each Lease is valid and in full force and effect effect. There are no existing defaults under any provision of any Lease, and no event has occurred which (with or without notice, lapse of time or both) would constitute a default thereunder. 3.10.2 The Company is in actual possession of the properties demised under the Leases and, except as shown on Schedule 3.10, has good and indefeasible title to the leasehold estates conveyed under the Leases free and clear of all title defects or objections, mortgages, liens, claims, charges, security interests or other encumbrances of any nature whatsoever, and are not, in the case of the properties demised under the Leases, to the knowledge of Seller, subject to any rights of way, building use restrictions, exceptions, variances, reservations or limitations of any nature whatsoever except, (i) liens shown on the Unaudited Balance Sheet as securing specific liabilities or obligations or other matters with respect to which no default exists, and (ii) liens for taxes not yet due and payable. No portion of any of the improvements erected by and under the direction of the Company on the properties demised under the Leases encroach on adjoining property or public streets and, to the best knowledge of Borrower’s knowledgethe Company, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with portion of any of the passage of time or properties demised under the giving of noticeLeases are, or bothhave been, would constitute defaults thereunder. No Rent subjected to a special ad valorem tax valuation such that a change in ownership or use (including security depositswhether now existing or in the future) has caused or will cause additional ad valorem taxes to be imposed upon the properties demised under the Leases. 3.10.3 The basic rent and all additional rent payable under the Leases have been paid more than one (1) month in advance of its due to date. To the best knowledge of Borrower’s knowledgeSeller, except as set forth on Schedule 3.10, all work required to be completed performed under the Leases by Borrower prior to the date hereof under each Lease landlord thereunder or by the Company has been performed as required and to the extent that the Company is responsible for payment of such work, has been accepted by fully paid for, whether directly to the applicable tenant, and any payments, free rent, partial rent, rebate of rent contractor performing such work or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. landlord as reimbursement therefor except for items which the Company is disputing in good faith. 3.10.4 There has have been no prior sale, transfer or assignment, hypothecation or pledge casualties which could result in the termination of any Lease or the application of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under buy-out provisions contained in any Lease has a right or option pursuant relative to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed damage by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waycasualty.

Leases. The To Borrower’s actual knowledge, (a) the Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule III attached hereto as Schedule V and made a part hereof. , (b) Borrower is the owner and lessor of landlord’s interest in the Leases. No , (c) no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The Leases and (d) the current Leases are in full force and effect and, to the best of effect. To Borrower’s actual knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There Other than in connection with the Original Loan, to Borrower’s actual knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s actual knowledge, except as set forth on Schedule III, no tenant listed on Schedule I III has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant , and no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant To Borrower’s actual knowledge, except as set forth on Schedule III, no tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto as Schedule V X and made a part hereof. Such certified rent roll is true, complete and correct in all material respects as of the date set forth therein. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand there are no material defaults thereunder by Borrower or, to the best of Borrower’s knowledge, any other party thereto (aother than as expressly disclosed on the certified rent roll delivered to Lender or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderthereunder by Borrower or, to Borrower’s knowledge, any other party thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. I. The current Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party party. The copies of the Leases delivered to Lender are true and (b) complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any Tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of rent under the Leases. There has been are no prior sale, transfer or assignment, hypothecation or pledge of security deposits under any Lease or of the Rents received thereinLeases. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Each Tenant under a Lease is free from bankruptcy or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesreorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. No Tenant under any Lease is in default under the terms and conditions of such Lease. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has a right been previously disclosed to Lender in writing, and no such fees or option pursuant to commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or otherwise to purchase all or any part expansion of the space leased premises or the building of which the leased premises are a part. No Tenant thereunder, except as has no right or option for additional space in the Improvements. Except as otherwise previously been disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is not subject to There are no other leases, licenses, subleases, occupancy agreements or other agreements for the use, possession or occupancy of any leases portions of the Real Property, other than the those listed on Exhibit L attached to this Agreement. Exhibit L contains a true, correct and complete list of all currently existing Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in at the Property to which any Seller is a party; full, true and complete copies of all Leases and all amendments and guarantees relating thereto have heretofore been delivered to Buyer (or right made available to occupy the same except under and pursuant to the provisions Buyer as part of the LeasesDocuments). The current Leases are To Seller's knowledge, each Lease is in full force and effect andeffect, and except as shown on Exhibit L, to the best of Borrower’s Seller's knowledge, no rent or other amounts payable under the Leases is more than one (a1) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time month in arrears or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance advance. Exhibit L sets forth a true and correct listing of its due date. To the best all security deposits (indicating cash or letter of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted credit) or prepaid rentals made or paid by the applicable tenanttenants under the Leases. Except as shown in Exhibit L, and Seller has not delivered any payments, free rent, partial rent, rebate written notices of rent or other payments, credits, allowances or abatements required to be given by Borrower tenant default to any tenant tenants under Leases which remain uncured, nor has already been Seller received by such tenantany written notices of a landlord default from any tenants under Leases which remain uncured. There has been no prior sale, transfer or assignment, hypothecation or pledge None of Seller's interest in any Lease or of Seller's right to receive the Rents received thereinrentals payable by the tenant thereunder has been assigned, conveyed, pledged or in any manner encumbered by Seller, except in connection with any existing financing encumbering the Property, which is to be repaid by Seller and released as of the Closing. To the best of Borrower’s knowledgeExcept as described on Exhibit L, no tenant listed on Schedule I has assigned its Lease given written notice to Seller of any default or sublet all offsets, claims or defenses available to it. The only Tenant Inducement Costs in the nature of tenant improvement costs for space currently being leased under any portion Leases in effect as of the premises demised thereby, no such date hereof (whether in the form of direct payments therefor required of Seller or in the form of tenant holds its improvement allowances payable by Seller) or for leasing commissions for leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such currently being leased premises. No Tenant under any Lease has a right such Leases, in any such case which may hereafter be payable under or option pursuant with respect to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender (and such Leases have not been modified or amended excluding, in any wayevent any such Tenant Inducement Costs which may arise in connection with expansions or lease renewals/extensions hereafter occurring under or with respect to any such Leases) are identified in Exhibit L hereto.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The Gift Shop Lease will terminate on October 1, 2006. All other current Leases are in full force and effect and, and to the best Best of Borrower’s knowledgeKnowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Lender or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject (i) Seller has made available to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andBuyer true, to the best of Borrower’s knowledgecorrect, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of all of the Leases have been provided and the Guaranties, together with any and all modifications, amendments and supplements to Lender any or all of the Leases and such the Guaranties, all in accordance with the Lease List, (ii) except as disclosed on the Lease List or specifically made known to Buyer, in writing, Seller is not a party to any agreement, of any nature, granting to any third party any possessory interest, of any nature, in or to any portion of any or all of the Buildings, (iii) Seller has received no written notice from Tenants claiming that Seller is currently in default in its obligations as landlord under any of the Leases have which has not been modified or amended cured except as may be disclosed in a Tenant Estoppel Certificate; (iv) no Tenant is in default in any waymaterial monetary obligation under its Lease, except as expressly disclosed to Buyer in the A/R Report, as defined below, or in any of the Seller’s Deliveries; and (v) Seller has delivered to Buyer that certain accounts receivable report, prepared by Seller and dated as of August 15, 2005, which report summarizes all outstanding accounts receivable owed to Seller by any and all Tenants as of the date thereof (the “A/R Report”). The A/R Report is accurate, true and complete in all material respects. Prior to Closing, Seller shall deliver to Buyer an updated A/R Report prepared no earlier than five (5) days prior to Closing. Seller hereby covenants and agrees with Buyer that, from and after the Effective Date, Seller shall deliver to Buyer (promptly after Seller’s transmission to the Tenant in question) any and all default notices that Seller sends to any and all of the Tenants with respect to alleged monetary and nonmonetary defaults under their Leases.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of the landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required in such Lease and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledgeExcept as provided in Schedule I attached hereto, no tenant listed on Schedule I attached hereto has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Borrower has delivered to the Administrative Agent true copies of the Leases and any amendments thereto relating to each Pool Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll as of the date of inclusion of each Pool Property in the Pool Availability with respect to all Leases of any portion of the Pool Property has been provided to the Administrative Agent (except with respect to each Pool Property that is not subject leased to a single tenant under a triple-net lease, the lease has been provided to Agent in lieu of a Rent Roll). The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Pool Property and in the Building relating thereto. Except as reflected on such Rent Roll or on Schedule 4.20 no tenant under any Lease is entitled to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required to be given by Borrower or credits. Except as set forth in Schedule 4.20, the Leases reflected therein are, as of the date of inclusion of the applicable Pool Property in the Pool Availability, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and, except as reflected in Schedule 4.20, neither the Borrower nor any Guarantor has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To Leases, and to the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion the knowledge and belief of the premises demised therebyBorrower, there is no basis for any such tenant holds its leased premises under assignment claim or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under notice of default by any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvementstenant. Except as otherwise disclosed by the Environmental Report (as defined reflected in the Mortgage)Schedule 4.20, no hazardous wastes or toxic substancesproperty, as defined by applicable federalother than the Pool Property, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about which is the Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies subject of the Leases have been provided applicable Lease, is necessary to Lender and comply with the requirements (including, without limitation, parking requirements) contained in such Leases have not been modified or amended in any wayLease.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached hereto as Schedule V and made a part hereofII hereto. Borrower is the owner and lessor of landlord’s interest in the Leases. No To Borrower’s knowledge, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand there are no defaults by Borrower or, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party any Tenant under any Lease, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. To Borrower’s knowledge, all Tenants under the Leases are currently in occupancy and have not ceased or substantially ceased operations, or otherwise “gone dark”. No Tenant has given notice of intent to cease operations, substantially cease operations or otherwise “go dark.” No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all there are no offsets or defenses to the payment of any portion of the Rents. All work to be completed performed by Borrower prior to the date hereof under each Lease has been been, or is being, performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledgeExcept as described on Schedule II, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by any tenant Tenant under any Lease on or about the Property 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 Hazardous Materials, except those that are both (i) in compliance with current Environmental Laws 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, clean, repair and maintain the applicable Individual Property or any toxic each Tenant’s respective business at such Individual Property as set forth in their respective Leases, (B) held by a Tenant for sale to the public in its ordinary course of business, or hazardous chemical, material, substance or waste. True, correct and complete copies (C) fully disclosed to Lender in writing pursuant to the Environmental Reports. (b) Lender shall have all of the Leases have been provided to Lender and such Leases have not been modified or amended rights against lessees of each Individual Property located in any waythe State of New York set forth in Section 291-1 of the Real Property Law of New York.

Leases. The Property Seller is not subject the lessor or landlord or the successor lessor or landlord under the Leases. Seller has delivered to any leases other than Purchaser true, correct and complete copies of all of the Leases described and any guaranties thereof. Except as set forth in the rent roll attached hereto Lease Schedule, there are no other leases or occupancy agreements affecting the Property. Except as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest otherwise set forth in the Leases, to Seller's knowledge, no presently effective rent concessions have been given to any tenants and no rent has been paid in advance by any tenants respecting a period subsequent to the Closing. No Person has tenants have asserted in writing any possessory interest in claims, defenses or offsets to rent accruing from and after the Property or right to occupy the same except under and pursuant to the provisions date of the LeasesClosing. The current Leases are in full force and effect and, to the best of Borrower’s To Seller's knowledge, (a) there are except as disclosed to Purchaser in writing, no defaults thereunder by either party default, delinquency or breach exists on the part of any tenant, and (b) there are to Seller's knowledge, no conditions thatcondition exists which, with the passage of time or the giving of notice, or both, would constitute will become a default. There are no defaults or breaches on the part of Seller, as the landlord under any Lease. In the event that any Tenant Estoppel delivered to Purchaser with respect to any Lease shall contain any statement of fact, information or other matter which is inconsistent with the matters stated in Seller's representations in this Section 5.1(c), the Tenant Estoppel shall control and Seller shall have no liability for any claim based upon a breach of representation regarding such statement of fact, information or other matter contained in the Tenant Estoppel. Notwithstanding anything to the contrary contained in this Agreement, Seller does not represent or warrant that any particular Lease will be in force or effect at Closing or that the tenants under the Leases will have performed their obligations thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge The termination of any Lease or prior to Closing by reason of the Rents received therein. To tenant's default shall not affect the best obligations of Borrower’s knowledge, no tenant listed Purchaser under this Agreement in any manner or entitle Purchaser to an abatement of or credit against the Purchase Price or give rise to any other claim on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Purchaser, except that such event with respect to a Required Tenant shall constitute a non-fulfillment of which the leased premises are a part. No Tenant has no right or option for additional space condition precedent to Purchaser's obligation to close hereunder and Purchaser's remedies shall be as set forth in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waythis Agreement.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule 4.1.26(A) attached hereto as Schedule V and made a part hereof. Mortgage Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The Except as otherwise set forth on Schedule 4.1.26(B) hereof, the current Leases are in full force and effect and, there are no defaults by Mortgage Borrower or, to the best of BorrowerPledgor’s knowledge, (a) there are no defaults thereunder by either party and (b) any tenant under any Lease, and, to the best of Pledgor’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledgeany portion of the Rents. Except as otherwise set forth on Schedule 4.1.26(B) hereof, all work to be completed performed by Mortgage Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledgeExcept as described on Schedule 4.1.26, no tenant listed on Schedule I under any Lease has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant Except as otherwise set forth on Schedule 4.1.26(B) hereof, no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as otherwise set forth on Schedule 4.1.26(B) hereof, no tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by set forth in the Environmental Report (as defined in the Mortgage)Reports, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower Pledgor have any knowledge of any Tenanttenant’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 Hazardous Materials, except those that are both (i) in compliance with current Environmental Laws 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, clean, repair and maintain the applicable Individual Property or any toxic each tenant’s respective business at such Individual Property as set forth in their respective Leases, (B) held by a tenant for sale to the public in its ordinary course of business, or hazardous chemical, material, substance or waste. True, correct (C) fully disclosed to and complete copies approved by Lender in writing pursuant to the Environmental Reports. (b) Lender shall have all of the Leases have been provided to Lender and such Leases have not been modified or amended rights against lessees of each Individual Property located in any waythe State of New York set forth in Section 291-1 of the Real Property Law of New York.

Leases. The To the best of Borrower’s knowledge after due inquiry and except as set forth on Schedule I, (a) the Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower hereof and the Hotel Operating Lease, (b) Hotel Owner is the owner and lessor of landlord’s interest in the Hotel Operating Lease and Hotel Operator is the lessor under all other Leases. No , (c) no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The , (d) the current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No , (e) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, (f) all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There , (g) there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledgetherein which is still in effect, (h) no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant , (i) no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant , and (j) no tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined Improvements except for rights expressly set forth in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLease.

Leases. The Borrower has delivered to the Agent true copies of the Leases relating to each Mortgaged Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll and Lease Summary as of the date of inclusion of each Mortgaged Property in the Collateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and in the Building relating thereto. No Major Tenant is not subject entitled to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and neither the Borrower nor any Guarantor has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To Leases, and to the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion the knowledge and belief of the premises demised therebyBorrower, there is no basis for any such tenant holds its leased premises under assignment claim or sublease, nor does anyone except such tenant and its employees occupy such leased premisesnotice of default by any tenant. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part property other than the Mortgaged Property which is the subject of the leased premises or applicable Lease is necessary to comply with the building of which the leased premises are a part. No Tenant has no right or option for additional space requirements (including, without limitation, parking requirements) contained in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLease.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof, including, without limitation, the Master Leases. Either Tower Mortgage Borrower or Garage Mortgage Borrower is the owner and lessor holder of landlord’s interest in each Lease affecting the Leases. Properties or any portion thereof No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent or Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by each Mortgage Borrower prior to the date hereof under each Lease has been performed as required in such Lease and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to any tenant has have already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents or the Vacant Space Rent received thereintherein which is still in effect. To the best of Borrower’s knowledge, no No tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases other than the Operating Lease and Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll, to Borrower’s knowledge, is true, complete and accurate in all material respects as of the Closing Date. Mortgage Borrower is the owner and lessor of landlord’s interest in the Leases. No To Borrower’s knowledge, (i) with the exception of hotel guests and patrons, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The , (ii) the current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by and neither Mortgage Borrower nor Operating Lessee have received or delivered written notice that either party is in default under any Lease except for (A) defaults which have been cured and (bB) there are no conditions thatdefaults that do not, with in the passage of time or the giving of notice, or both, would constitute defaults thereunderaggregate have a materially adverse effect. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (except with respect to provision of rooms and banquet and meeting space in the ordinary course of business). To the best of Borrower’s knowledge, all All work to be completed performed by Mortgage Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge, no tenant Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Substances have been disposed, stored or treated by any tenant under any Lease on or about the Property leased premises nor does Borrower have any knowledge of any Tenanttenant’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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required in such Lease and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereinreserved therein which is still in effect. To the best of Borrower’s knowledge, no No tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The rent roll delivered by Seller to Buyer attached hereto as Exhibit 6.07 is true, correct and accurate as of the date thereof. There are no leases affecting the Property is not subject to any leases other than the Leases described in listed on the rent roll attached hereto as Schedule V and made a part hereofroll. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions Each of the Leases. The current Leases are is in full force and effect andand has not been further modified or amended except as otherwise disclosed by Seller to Buyer in writing. There are no written or oral promises undertakings, or agreements between Seller and any tenant that have not been disclosed by Seller as part of Seller's Information provided by Seller to Buyer, except as set forth in the best of Borrower’s Leases. To Seller's actual knowledge, (a) there are no defaults thereunder by either any party to the Leases or any defenses, setoffs, or counterclaims for the benefit of the tenants under the Leases and (b) no rent has been prepaid nor concessions given to the tenants under the Leases except as disclosed in the Leases. To Seller's actual knowledge, no tenant of the Property is the subject of a bankruptcy or insolvency proceeding. To Seller’s actual knowledge, there are no conditions thatcurrently existing facts which, with the passage giving of time notice or the giving lapse of noticetime, or both, would constitute defaults thereundera default by Seller or any tenant under the Leases, or which has given rise to a current dispute between Seller and any tenant under the Leases. No Rent (including security deposits) has been paid more than one (1) month Lease is presently in advance arbitration or litigation, and no tenant, as of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof has any charge, lien or offset under each its Lease has been performed as required and has been accepted by or otherwise against the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances charges due or abatements required to be given by Borrower to any tenant has already been received by become due under such tenant’s Lease. There has been no prior saleSeller, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s to its actual knowledge, no tenant listed on Schedule I has assigned is in full compliance with all of its Lease or sublet all or any portion of obligations under the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the ImprovementsLeases. Except as otherwise disclosed by provided in Section 11.12 hereof, all tenant improvement allowances due any tenant currently occupying a portion of the Environmental Report (as defined in the Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Property have been disposed, stored or treated will be paid in full by Seller. Seller has not released any tenant under any Lease on or about the Property nor does Borrower have any knowledge guarantors of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided and will not, prior to Lender and such Leases have not been modified Closing, release any person or amended in any wayentity having liability under a Lease to the Seller as lessor therein.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V XI is true, complete and made a part hereofcorrect in all material respects and no Individual Property is subject to any Leases other than the Leases described on Schedule XI. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (other than typical short-term occupancy rights of hotel guests). The current Leases identified on Schedule XI are in full force and effect andand there are no material defaults thereunder by Borrower or, to the best of Borrower’s knowledge, the other party beyond any applicable notice or cure period (a) there are no defaults thereunder by either party and (b) except as disclosed on Schedule XI), and, to Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent relating to the Leases (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenanttenant except as otherwise set forth on Schedule XI. The tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by tenants at the Properties which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s knowledge, each tenant is free from bankruptcy or reorganization proceedings. No tenant under any Lease (or any sublease) is an Affiliate of Borrower. To Borrower’s knowledge, the tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Individual Property, except as set forth on Schedule XI. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents relating thereto or other Gross Revenue received thereintherein which will be outstanding following the funding of the Loan (other than to Lender). To the best of Borrower’s knowledge, no No tenant listed on Schedule I XI has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor nor, to Borrower’s knowledge, does anyone except such tenant and its employees employees, guests and invitees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except , except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waySchedule XI.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or any part thereof, or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as may have been reflected in any tenant estoppel certificates delivered to the best Lender or in Schedule I, Borrower is not aware of Borrower’s knowledge, (a) there are no any defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderthereunder on the part of Borrower or to Borrower's knowledge, on the part of any tenant. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To Except as disclosed in the best of Borrower’s knowledgetenant estoppels or disclosed in Schedule I, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has have already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To Borrower's knowledge, except as disclosed in the best of Borrower’s knowledgetenant estoppels or disclosed in Schedule I, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, thereby to Borrower's knowledge; no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant Except as disclosed in the tenant estoppels or disclosed in Schedule I, no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no Borrower is not aware that any 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 Property leased premises except cleaning supplies used and stored in compliance with law and inventory held for retail sale in compliance with law, nor does Borrower have any knowledge of any Tenant’s 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 wastewaste except cleaning supplies used and stored in compliance with law and inventory held for retail sale in compliance with law. True, correct Schedule I attached hereto is true and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayall material respects.

Leases. (a) The rent rolls attached hereto as Schedule I are true, complete and correct and no Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. I. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current . (b) With respect to residential Leases, except as set forth on the rent rolls attached hereto as Schedule I: (i) the Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no material defaults thereunder by either party and (b) beyond any applicable notice or cure period, and, to Borrower’s Knowledge, except for certain rent arrearages which have been disclosed to Agent as of the date of this Agreement, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No , (ii) the copies of the Leases delivered to Agent are true and complete, and, to Borrower’s Knowledge, there are no oral agreements with respect thereto, (iii) no Rent (including security depositsdeposits but not including last month’s rent) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and (iv) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant, (v) Borrower has delivered to Agent a true, correct and complete list of all security deposits made by Tenants at any Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements, (vi) to Borrower’s Knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings, and (vii) there are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has been previously disclosed to Agent in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Agent in writing. (c) With respect to non-residential Leases, except as set forth on the rent rolls attached hereto as Schedule I: (i) the Leases are in full force and effect and there are no defaults thereunder by either party beyond any applicable notice or cure period, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, (ii) the copies of the Leases delivered to Agent are true and complete, and there are no oral agreements with respect thereto, (iii) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date, (iv) all work to be performed by Borrower under any Lease has been performed as required and has been accepted by the applicable Tenant, (v) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant has already been received by such Tenant, (vi) the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Property and have commenced the payment of full, unabated rent under the Leases, (vii) Borrower has delivered to Agent a true, correct and complete list of all security deposits made by Tenants at any Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements, (viii) each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings, (ix) no Tenant under any Lease (or any sublease) is an Affiliate of Borrower, (x) the Tenants under the Leases are open for business and paying full, unabated rent and no Tenant has informed Borrower in writing that it intends to discontinue its business at its premises, (xi) there are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has been previously disclosed to Agent in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Agent in writing, (xii) no Tenant under any Lease has any right or option for additional space in the Improvements and (xiii) to Borrower’s Knowledge, no Tenant has assigned its Lease or sublet all or any portion of the premises demised thereby, and no such Tenant holds its leased premises under assignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. therein which is still in effect. (d) No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto delivered in connection with the origination of the Loan. Such certified rent roll is true, complete and correct in all material respects as Schedule V and made a part hereof. Borrower is of the owner and lessor of landlord’s interest in the Leasesdate set forth therein. No Person has any possessory interest in the Property or right to occupy the same (other than typical short-term occupancy rights of hotel guests which are not the subject of a written agreement) except under and pursuant to the provisions of the Leases. The Fitness Center Lease will terminate on October 1, 2006. All other current Leases are in full force and effect and, and to the best Best of Borrower’s knowledgeKnowledge, (a) there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Lender or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , except as disclosed in the best Tenant estoppel certificates delivered to Lender in connection with the closing of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenantLoan. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of any Lease or of the Rents received therein. To , which will be outstanding following the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion funding of the premises demised therebyLoan, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesother than those being assigned to Lender concurrently herewith. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent (i) true copies of the forms of the Leases described used by the Borrower at the Mortgaged Properties as of the date hereof and (ii) true, correct and complete copies of the Leases and any amendments or other agreements thereto relating to the Mortgaged Properties as of the date of inclusion of the Mortgaged Property in the rent roll attached hereto Collateral. An accurate and complete Rent Roll and summary thereof in a form reasonably satisfactory to the Agent as Schedule V and made a part hereof. Borrower is of the owner and lessor date of landlord’s interest inclusion of the Mortgaged Property in the LeasesCollateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. No Person has any possessory interest The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements and understandings relating to leasing or licensing of space at the Mortgaged Property and in the Property or right to occupy the same except under and pursuant to the provisions Building relating thereto. Each of the Leases. The current Leases are was entered into as the result of arms-length negotiation and has not been modified, changed, altered, assigned, supplemented or amended in full force and effect andany respect, except as set forth in a separate written certification delivered to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower Agent prior to the date hereof under each Lease has been performed acceptance of such Mortgaged Property as required and has been accepted by the applicable tenantCollateral, and no tenant is entitled to any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances reduction or abatements required alternate rent, offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or reduced or altered rent as a result of the operation of any co-tenancy or similar clause, except as set forth in a separate written certification delivered to be given by Borrower Agent prior to the acceptance of such Mortgaged Property as Collateral. There are no occupancies, rights, privileges or licenses in or to the Mortgaged Property or portion thereof other than pursuant to the Leases reflected in Rent Rolls previously furnished to the Agent for the Mortgaged Property. Except as set forth in a separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral, (a) the Leases reflected in the Rent Roll are in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and neither the Borrower, the Guarantors nor any of their respective Subsidiaries has already been received by such tenant. There has been no prior sale, transfer given or assignment, hypothecation or pledge made any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To the best of Borrower’s knowledgeLeases, and (b) no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a currently effective right to terminate its Lease as a result of the operation of any co-tenancy or option similar clause. The separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral accurately and completely sets forth all rents payable by and security, if any, deposited by tenants, no tenant having paid more than one month’s rent in advance. All tenant improvements or work to be done for tenants on the Rent Roll, furnished or paid for by the Borrower, the Guarantors or any of their respective Subsidiaries, or credited or allowed to a tenant, for, or in connection with, the Building pursuant to any Lease has been completed and paid for or provided for in a manner satisfactory to the Agent except as set forth in the separate written certification delivered to Agent prior to the acceptance of such Lease Mortgaged Property as Collateral. No material leasing, brokerage or otherwise to purchase all like commissions, fees or payments are due from the Borrower, the Guarantors or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space their respective Subsidiaries in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies respect of the Leases have been provided except as set forth in the separate written certification delivered to Lender and Agent prior to the acceptance of such Leases have not been modified or amended in any wayMortgaged Property as Collateral.

Leases. The Property is not subject Borrower represents and warrants to any leases other than Lender with respect to the Leases described in that: (a) the rent roll attached hereto as Schedule V I is true, complete and made a part hereof. Borrower is the owner correct and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right is not subject to occupy any Leases other than the same except under and pursuant to Leases described in Schedule I, (b) the provisions of the Leases. The current Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party except as otherwise set forth in an estoppel certificate executed by the applicable Tenant delivered to Lender prior to the date hereof, (c) the copies of the Leases delivered to Lender are true and (b) complete in all material respects, and there are no conditions thatoral agreements with respect thereto except as otherwise set forth in an estoppel certificate executed by the applicable Tenant delivered to Lender prior to the date hereof, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No (d) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To date except as otherwise set forth in an estoppel certificate executed by the best of Borrower’s knowledgeapplicable Tenant delivered to Lender prior to the date hereof, (e) all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant except as otherwise set forth in an estoppel certificate executed by the applicable Tenant delivered to Lender prior to the date hereof, and (f) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenant. There Tenant except as otherwise set forth in an estoppel certificate executed by the applicable Tenant delivered to Lender prior to the date hereof, (g) all security deposits are being held in accordance with Legal Requirements, (h) neither the landlord nor any Tenant is in default under any of the Leases except as otherwise set forth in an estoppel certificate executed by the applicable Tenant delivered to Lender prior to the date hereof; (i) Borrower has been no prior sale, transfer or assignment, hypothecation or pledge knowledge of any Lease notice of termination or default with respect to any Lease; (j) Borrower has not assigned or pledged any of the Rents received therein. To Leases, the best rents or any interests therein except to Lender; (k) no Tenant or other party has an option or right of Borrower’s knowledgefirst refusal or offer, no tenant listed on Schedule I has assigned its Lease or sublet to purchase all or any portion of the premises demised therebyProperty (other than the Stop and Shop Lease, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant which right of first refusal has been waived by Stop and its employees occupy such leased premises. No Tenant under any Lease has a right or option Shop pursuant to such that certain Notice of Waiver of Right of First Refusal dated October 28, 2004); (l) no Tenant has the right to terminate its Lease or otherwise prior to purchase all or any part expiration of the leased premises stated term of such Lease; and (m) all existing Leases are subordinate to the Mortgage either pursuant to their terms or the building of which the leased premises are a part. No Tenant has no right recordable subordination agreement delivered concurrently herewith, or option for additional space in the Improvements. Except delivered hereafter as otherwise disclosed approved by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLender.

Leases. The Property is not subject Loan Parties have delivered to any leases other than the Agent true and complete copies of the Leases and any amendments thereto relating to each Collateral Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Collateral Property in the Collateral with respect to all Leases of any portion of the Collateral Property has been provided to the Agent. The Leases previously delivered to Agent as described in the rent roll attached hereto preceding sentence constitute as Schedule V of the date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the LeasesBuilding relating thereto. No Person has tenant under any possessory interest in the Property or right Lease is entitled to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Loan Parties, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. No Borrower knows of any condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein. To respective Borrower as landlord under the best of Borrower’s knowledgeLease, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premiseswhich would result in a Material Adverse Effect. No Tenant security deposit or advance rental or fee payment (more than 2 months in advance) has been made by any lessee or licensor under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space Leases except as may be specifically designated in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided furnished to Lender and the Agent or as otherwise disclosed to Agent in writing. No property other than the Collateral Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Leases have not been modified or amended in any wayLease.

Leases. The Property is not There are no Leases affecting the Property, oral or written, except as listed on the Rent Roll, and any Leases or modifications entered into between the date of this Agreement and the Closing Date with the consent of Buyer. Copies of the Leases, which have been delivered to Buyer or shall be delivered to Buyer within five (5) days from the date hereof, are, to the best knowledge of Seller, true, correct and complete copies thereof, subject to the matters set forth on the Rent Roll and in this Agreement. Between the date hereof and the Closing Date, Seller will not terminate or modify existing Leases or enter into any leases other than new Leases without the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor consent of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant Buyer, subject to the provisions of Sections and of this Agreement. To the Leases. The current Leases best of Seller's knowledge, all of the Property's tenant leases are in full force good standing and effect and, to the best of Borrower’s knowledge, (a) there are Seller's knowledge no defaults exist thereunder by either party and (b) there are no conditions that, with except as noted on the passage of time or the giving of notice, or both, would constitute defaults thereunderRent Roll. No Rent (including security deposits) rent or reimbursement has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease and no security deposit has been performed paid, except as required and has been accepted by stated on the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesRent Roll. No Tenant tenants under the Leases are entitled to interest on any security deposits. No tenant under any Lease has a right or option pursuant to will be promised any inducement, concession or consideration by Seller other than as expressly stated in such Lease or otherwise to purchase all or Lease, and except as stated therein there are and will be no side agreements between Seller and any part of the leased premises or the building of which the leased premises are a parttenant. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report Seller hereby discloses that Roswell Rivermont Station CVS, Inc. (as defined in the Mortgage"CVS"), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules a tenant in Rivermont claims that Seller is obligated to reimburse CVS for the costs of installing an "Energy Management System" in its premises. Seller believes that it is not obligated for such reimbursement and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention hereby agrees to use its 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. True, correct indemnify and complete copies of the Leases have been provided to Lender and hold Buyer harmless from such Leases have not been modified or amended in any wayclaim.

Leases. (i) The Mortgaged Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto delivered to the Agent in connection with the making of the Loan. The location and size of each leased premises and the commencement and expiration date and the rent currently payable thereunder is in all material respects accurately set forth in such rent roll. To the Actual Knowledge of the Borrower, none of the Leases referred to in such rent roll has been assigned, modified, supplemented or amended in any way that would render inaccurate any material information contained in such rent roll. Except as Schedule V and made a part hereofset forth in such rent roll, no tenant under any Lease has any right or option to renew or extend the Lease. Except as set forth in such rent roll, there are no "free rent" or other rental concessions under the existing Leases effective during the term of this Agreement. (ii) Except in connection with the Loan, the Borrower is has not assigned, pledged or hypothecated its right, title or interest in, to or under the owner and lessor Leases of landlord’s interest in the LeasesMortgaged Property or of the rentals thereunder. No Person tenant under any Lease has any possessory interest in right or option to cancel the Property or right to occupy the same except under and Lease (other than pursuant to customary casualty and condemnation provisions). To the provisions Actual Knowledge of the LeasesBorrower, all of the construction and other obligations to be performed by the landlord under the Leases have been satisfied, and any and all required payments to be made by the landlord under the Leases for tenant improvements have been made. No rent under the Leases has been paid more than one month in advance. No actions, whether voluntary or involuntary, are pending against any tenant under a Lease at the Mortgaged Property under the bankruptcy or insolvency laws of the United States or any state or territory of the United States. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, which with the passage of time or the giving of notice, or both, and/or notice would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any paymentsthere are no existing defenses, free rent, partial rent, rebate of rent offsets or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated counterclaims held by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and Mortgaged Property against the enforcement of such Leases have not been modified or amended in any wayby Borrower.

Leases. Copies of all Leases in effect as of the Contract Date (the “Existing Leases”), and all amendments thereto and guaranties thereof, if any, have been furnished by Seller to Purchaser and the copies so provided are true and complete. The Property is Existing Leases have not subject been amended, modified or terminated (except for any amendments delivered to any leases Purchaser pursuant to the preceding sentence). To Seller’s knowledge, as of the date of this Agreement, (a) other than the Existing Leases, there are no Leases described affecting the Property under which the owner of the Property is landlord and (b) other than as set forth in the rent roll attached hereto as Schedule V Leases and/or the Brokerage Agreements (hereinafter defined), there are no agreements pursuant to which leasing commissions and made a part hereof. Borrower is tenant improvement allowances or concessions are currently outstanding and currently payable by the owner and lessor of landlord’s interest in the landlord under such Leases. No Person has any possessory interest in To Seller’s knowledge, (i) the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Existing Leases are presently in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults without any default thereunder by either party and the applicable tenant; (bii) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) tenant has been paid prepaid rent by more than one 30 days in advance; (1iii) month in advance of its due date. To the best of Borrower’s knowledgeall tenant improvements that Seller, all work as landlord, is obligated to be completed by Borrower complete, prior to the date hereof under each Lease has and pursuant to any Existing Lease, have been performed as required completed and has been accepted by the applicable tenant, and any payments; (iv) no tenant improvement allowances, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant inducements remain outstanding and unpaid; and (v) no tenant has already been received by such tenant. There has been no prior salenotified Seller, transfer or assignmentas landlord, hypothecation or pledge in writing, of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option default by Seller pursuant to such an Existing Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waythat remains uncured.

Leases. The Borrower has delivered to the Agent true copies of the Leases and any amendments thereto relating to each Mortgaged Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll as of the date of inclusion of each Mortgaged Property in the Borrowing Base with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and in the Building relating thereto, other than subleases entered into by the tenants under such Leases. Except as reflected on such Rent Roll or on Schedule 6.22 or in any applicable Lease (except with respect to rent credits or rent abatements in effect as of the First Amendment Date), no tenant under any Lease is not subject entitled to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required or credits due to be given by Borrower defaults under such Lease or the occurrence of any other event under such Lease. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Borrowing Base, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and, except as reflected in Schedule 6.22, neither the Borrower nor any Guarantor has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received therein. To Leases, and to the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion the knowledge and belief of the premises demised therebyBorrower, there is no basis for any such tenant holds its leased premises under assignment claim or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under notice of default by any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvementstenant. Except as otherwise disclosed by the Environmental Report (as defined reflected in the Mortgage)Schedule 6.22, no hazardous wastes or toxic substancesproperty, 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 other than the Mortgaged Property nor does Borrower have any knowledge of any Tenant’s intention to use its premises for any activity which, directly or indirectly, involves which is the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. True, correct and complete copies subject of the Leases have been provided applicable Lease, is necessary to Lender and comply with the requirements (including, without limitation, parking requirements) contained in such Leases have not been modified or amended in any wayLease.

Leases. The Property rent roll, which is not subject to any leases other than the Leases described in the rent roll attached hereto included as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are Seller’s Deliveries, is a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. Truetrue, correct and complete copies in all material respects and sets forth a list of the Leases and Tenants, including, but not limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll includes an addendum describing, with respect to each Lease, the amount of any Leasing Commissions owing, the amount of any advance or prepaid rentals which have not accrued, any rental holidays which have not expired and other Tenant Inducement Costs granted to any Tenant which have not been fully utilized, if any. All of the information on the rent roll, including the description of the leased premises, the rent and other charges payable by Tenants, the terms and options to renew, and the Security Deposits, also is true, correct and complete in all material respects. The Leases provided to Lender Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been amended or modified except as otherwise disclosed by Seller to Buyer. Seller is the “Landlord” or amended “Lessor” under the Leases and has full power and authority to assign the same to Buyer. Seller has not received written notice of any uncured event of default with respect to the performance of any of its obligations under the Leases. Each of the Leases is in full force and effect and there is no monetary or non-monetary default under any wayLease by either the landlord or the tenant thereunder, nor, to the best of Seller’s knowledge, has an event occurred which with the giving of notice or the passage of time or both would result in a default thereunder by either the landlord or the tenant thereunder. No valid claims or rights of offset exist with respect to the Leases. No Leasing Commissions, Tenant Inducement Costs or other amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the renewal thereof, or any other options thereunder (provided, however, if a Lease is renewed a commission may be due), nor does there exist any commission, compensation or other amount which may become payable to any broker or other agent under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. Seller has not received written notice from any Tenants under a Lease indicating the intention of such Tenants to terminate its Lease or to limit, amend or alter its Lease or its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the work (including all tenant improvements) to be constructed and installed by Seller in the leased premises pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or before the Closing or if not an appropriate credit will be given to Buyer at the time of Closing.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. I. The current Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party party. The copies of the Leases delivered to Lender are true and (b) complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, Except as provided on Schedule I (i) all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and (ii) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant and (iii) the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of rent under the Leases. There Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property which have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of any Lease or which are held by Borrower in accordance with the terms of the Rents received thereinapplicable Lease and applicable Legal Requirements. To the best of Borrower’s knowledge's knowledge (without independent inquiry), no tenant listed on Schedule I has assigned its Lease each Tenant is free from bankruptcy or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesreorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower, except as may be disclosed otherwise on Schedule I. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has a right been previously disclosed to Lender in writing, and no such fees or option pursuant to commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or otherwise to purchase all or any part expansion of the space leased premises or the building of which the leased premises are a part. No Tenant thereunder, except as has no right or option for additional space in the Improvements. Except as otherwise previously been disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledge, no tenant No Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. An accurate and complete Rent Roll and summary thereof in a form reasonably satisfactory to the Majority Banks as of the date of inclusion of the Mortgaged Property in the Collateral (or such other recent date as may be acceptable to the Agent) with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements and understandings relating to leasing or licensing of space at the Mortgaged Property and in the Building relating thereto. Each of the Leases was entered into as the result of arms-length negotiation and has not been modified, changed, altered, assigned, supplemented or amended in any respect, except as reflected on the Rent Roll, and no tenant is not subject entitled to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in the Rent Roll. There are no occupancies, rights, privileges or licenses in or to be given by Borrower the Mortgaged Property or portion thereof other than pursuant to the Leases reflected in Rent Rolls previously furnished to the Agent for the Mortgaged Property. Except as set forth in each Rent Roll, the Leases reflected therein are in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and neither the Borrower, the Guarantor nor any of their respective Subsidiaries has already been received by such tenant. There has been no prior salegiven or made, transfer or assignment, hypothecation or pledge any notice of any Lease payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Rents received thereinLeases. To The Rent Rolls furnished to the best of Borrower’s knowledgeBanks accurately and completely set forth all rents payable by and security, if any, deposited by tenants, no tenant listed having paid more than one month's rent in advance. All tenant improvements or work to be done for tenants on Schedule I has assigned its Lease the Rent Roll, furnished or sublet all paid for by the Borrower, the Guarantor or any portion of their respective Subsidiaries, or credited or allowed to a tenant, for, or in connection with, the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under Building pursuant to any Lease has been completed and paid for or provided for in a right manner satisfactory to the Agent. No material leasing, brokerage or option pursuant to such Lease like commissions, fees or otherwise to purchase all payments are due from the Borrower, the Guarantor or any part of their respective Subsidiaries in respect of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLeases.

Leases. The Property (a) Mortgagor hereby represents and warrants that, as of the Effective Date: (i) Operator is not subject the lessor under all Major Leases (except with respect to any leases the Operating Lease, under which the Operator is the lessee), (ii) to the best of M▇▇▇▇▇▇▇▇'s knowledge, no Person (other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person hotel guests or with respect to Permitted Liens) has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Major Leases and the Management Agreement; (iii) to the best of M▇▇▇▇▇▇▇▇'s knowledge, the Major Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no material defaults thereunder by either party Mortgagor or any Tenant under any Major Lease, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No under any Major Lease; (iv) with respect to each Major Lease, to the best of Mortgagor's knowledge, (u) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , (v) there are no offsets or defenses to the best payment of Borrower’s knowledgeany portion of the Rents, (w) all work to be completed performed by Borrower prior to the date hereof Mortgagor under each Major Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower M▇▇▇▇▇▇▇▇ to any tenant has Tenant have already been received by such tenant. There Tenant, (x) there has been no prior sale, transfer or assignment, hypothecation or pledge of any Major Lease or of the Rents received therein. To the best of Borrower’s knowledgetherein which is still in effect, (y) no tenant listed on Schedule I Tenant under any Major Lease has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No premises other than with respect to Permitted Liens, and (z) no Tenant under any Major Lease has a right or option pursuant to such Major Lease or otherwise to purchase all or any part of the leased premises Property; or the building of which the leased premises are a part. No Tenant has no any right or option for additional space which constitutes Property. (b) Mortgagor hereby covenants and agrees that it shall not enter into a proposed Lease, including the renewal or extension of an existing Lease (each, a “Renewal Lease”), unless such proposed Lease or Renewal Lease (i) provides for rental rates and terms comparable to existing local market rates and terms (taking into account the type and quality of the Tenant) as of the date such Lease or Renewal Lease is executed by Mortgagor (unless, in the Improvements. Except as otherwise disclosed by case of a Renewal Lease, the Environmental Report (as defined rent payable during such renewal, or a formula or other method to compute such rent, is provided for in the Mortgageoriginal Lease), no hazardous wastes or toxic substances(ii) is an arms-length transaction with a bona fide, as defined by applicable federalindependent third party Tenant, state or local statutes(iii) would not cause a Material Adverse Effect, rules and regulations(iv) is subject and subordinate to the this Security Instrument. At Mortgagee's request, have been disposed, stored or treated by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention M▇▇▇▇▇▇▇▇ shall promptly deliver to use its 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. True, correct and complete Mortgagee copies of all Leases and Renewal Leases which are entered into pursuant to this Section 4.3(b) together with M▇▇▇▇▇▇▇▇'s certification that they have satisfied all of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.conditions of this Section 4.3

Leases. The Property rent roll, which is not subject to any leases other than the Leases described in the rent roll attached hereto included as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)Seller’s Deliveries, 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. Trueis true, correct and complete copies in all material respects and sets forth a list of the Leases and Tenants, including, but not limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll includes an addendum describing, with respect to each Lease, the amount of any Leasing Commissions owing, the amount of any advance or prepaid rentals which have not accrued, any rental holidays which have not expired and other Tenant Inducement Costs granted to any Tenant which have not been fully utilized, if any. All of the information on the rent roll, including the description of the leased premises, the rent and other charges payable by Tenants, the terms and options to renew, and the Security Deposits, also is true, correct and complete in all material respects. The Leases provided to Lender Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been amended or modified except as otherwise disclosed by Seller to Buyer. Each Seller as respects the Property owned by it, is the “Landlord” or amended “Lessor” under the Leases and has full power and authority to assign the same to Buyer. Seller has not received written notice of any uncured event of default with respect to the performance of any of its obligations under the Commercial Leases. Each of the Commercial Leases is in full force and effect and there is no monetary or non-monetary default under any way.Commercial Lease by either the landlord or the tenant thereunder, nor, to the best of Seller’s knowledge, has an event occurred which with the giving of notice or the passage of time or both would result in a default thereunder by either the landlord or the tenant thereunder. No valid claims or rights of offset exist with respect to the Leases. No Leasing Commissions, Tenant Inducement Costs or other amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the renewal thereof, or any other options thereunder (provided, however, if a Commercial Lease is renewed a commission may be due), nor does there exist any commission, compensation or other amount which may become payable to any broker or other agent under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. Seller has not received written notice from any Tenants under a Commercial Lease indicating the intention of such Tenants to terminate its Commercial Lease or to limit, amend or alter its Commercial Lease or its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the work (including all tenant improvements) to be constructed and installed by each Seller in the leased premises located on the portion of the Property owned by such Seller and pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or before the Closing or if not an appropriate credit will be given to Buyer at the time of Closing

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule V and made a part hereof. Borrower is To the owner and lessor best of landlord’s interest in the Leases. No Borrower's knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand to Borrower's knowledge after inquiry, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s 's knowledge, other than as disclosed in writing to Lender, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There To the best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is outstanding. To the best of Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no tenant listed on Schedule I SCHEDULE IV has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as set forth in SCHEDULE IV, no tenant under any Lease has no any right or option for additional space in the ImprovementsImprovements except as set forth in SCHEDULE IV. Except as otherwise disclosed by To Borrower's actual knowledge based on the Environmental Report (as defined delivered to Lender in the Mortgage)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 Property leased premises nor does Borrower have any knowledge of any Tenant’s 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. True, correct except in either event, in compliance with applicable federal, state or local statues, rules and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayregulations.

Leases. The Property is not subject to any leases other than All existing Leases as of the Leases described Effective Date are listed in the rent roll Rent Roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions Exhibit B which will be updated as of the LeasesClosing Date. The current references to Rent Roll in this paragraph shall be deemed, as of the Effective Date, to mean the Rent Roll attached as part of Exhibit B, and, as of the Closing Date, to mean the updated Rent Roll delivered in connection with the Closing. Seller has delivered, or will deliver, to Buyer, true and complete copies of all Leases are in full force including, but not limited to all amendments and effect renewals and, to the best extent in Seller's possession, all notices of Borrower’s knowledgecommencement and copies of all correspondence related to such leases. Exhibit B is accurate as to the information set forth therein as of the date set forth therein. Except as set forth in Exhibit B Seller has not entered into any oral or written lease, license or occupancy agreement, nor has Seller given any person (aother than the Tenants named in the Rent Roll or any person under any document or instrument of public record) any right of possession to the Property or any part thereof, and there are no defaults thereunder by either party other Leases or rights of possession other than matters of public record. Except as set forth in Exhibit B, Seller has not given any concessions of any kind or character (including, without limitation, free or reduced rent, free or reduced parking, buy-out, finish out, moving, refurbishment, equity in the Property, cash payments to Tenants, lease assumptions and (b) there are no conditions that, with the passage of time other concessions or the giving of noticeallowances granted to induce a Tenant to enter into a lease, or bothexpand or renew a lease, would constitute defaults thereunder(collectively, "Concessions")) to any Tenant that remain outstanding. No Rent (including security deposits) rent under any Lease has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partTenant. No Tenant has made any claim against Seller for any security deposits or other deposits (which has not been satisfied), and, except as set forth in Exhibit B, no right Tenant has any defense or option for additional space offset to rent accruing after the Closing Date. The Leases described in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined Rent Roll are in full force and effect and no breach exists in the Mortgage)payment of rents except as shown on Exhibit B, no hazardous wastes other material default or toxic substancesbreach exists which remains uncured beyond any applicable grace or cure period under the respective Lease on the part of any Tenant thereunder except as identified on Exhibit B, and except as defined by set forth in Exhibit B, Seller has not received any notice of any alleged default or breach on the part of Seller thereunder that is or is allegedly continuing. All Deposits (and a statement as to whether interest is payable thereon in accordance with the terms of the applicable federal, state or local statutes, rules Lease) are listed in Exhibit B. All known and regulations, unresolved Tenant complaints regarding the Property have been disposed, stored or treated by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention disclosed to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayBuyer.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. I. Borrower is the owner and lessor of landlord’s 's interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party Borrower or, to Borrower's knowledge, any Tenant beyond any applicable notice or cure period, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any Tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. Each Tenant under a Major Lease is, to Borrower's knowledge, free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. The Tenants under any commercial Leases are open for business, and the Tenants under the Leases are paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To At the best closing of Borrower’s knowledgethe Loan, no tenant Tenant listed on Schedule I has has, to Borrower's knowledge, assigned its Lease or sublet all or any portion of the premises demised thereby, to Borrower's knowledge, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. (a) Borrower and Maryland Owner have heretofore delivered to Lender true and complete copies of all Leases and any and all amendments or modifications thereof. Except as otherwise expressly disclosed on the Rent Roll or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan, to Borrower’s Knowledge, Borrower (other than Maryland Individual Borrower), Maryland Owner or their respective predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations with respect to the Properties required as of the date hereof and any other obligations under the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and would not reasonably be expected to have a Material Adverse Effect. (b) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll attached hereto certified and delivered to Lender as Schedule V of the Closing Date (the “Rent Roll”) and made other than any sublease or license granted by any Tenant (or sub-tenant) under a part hereofLease. Borrower The Rent Roll is true, complete and correct in all material respects as of the owner and lessor of landlord’s interest in date set forth therein. Except as otherwise set forth on the Leases. No Rent Roll, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases or any sublease or license granted by any Tenant (or sub-tenant) under a Lease. The current Leases are in full force and effect and, and to the best of Borrower’s knowledgeKnowledge, (a) there are no defaults that would reasonably be expected to have a Material Adverse Effect thereunder by either party (other than as expressly disclosed on the Rent Roll, Schedule 16.10 hereof or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No that would reasonably be expected to have a Material Adverse Effect thereunder (other than as expressly disclosed on the Rent (including security deposits) has been paid more than one (1) month Roll, Schedule 16.10 or the Tenant estoppel certificates delivered to Lender in advance of its due date. To connection with the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or closing of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesLoan). No Tenant under any Lease has a an unexpired right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part, other than as expressly disclosed on the Rent Roll or the Tenant estoppel certificates delivered to Lender in connection with the closing of the Loan. No Tenant has no right or option for additional space in Borrower and Maryland Owner have delivered to Lender prior to the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge date of any Tenant’s intention to use its 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. Truethis Agreement a true, correct and complete copies list of all security deposits and the Leases have been provided to Lender and such Leases have not been modified or amended amounts thereof, currently in any wayBorrower’s and/or Maryland Owner’s possession.

Leases. The Each rent roll attached hereto as SCHEDULE I is true, complete and correct in all material respects and no Individual Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. SCHEDULE I. The current Leases identified on SCHEDULE I are in full force and effect effect, there are no defaults under any Major Lease by either party and, with respect to the any Leases that are not Major Leases, to Borrower's best of Borrower’s knowledge, (a) there are no defaults thereunder by either party party. The copies of the Leases delivered to Mezzanine Lender are true and (b) complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof any Owner under each Lease has 347 been performed as required and has been accepted by the applicable tenant, and any Tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower each Owner to any tenant Tenant has already been received by such tenantTenant. There The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of rent under the Leases. Each Borrower has delivered (or has caused each Owner to deliver) to Mezzanine Lender a true, correct and complete list of all security deposits made by Tenants at the applicable Individual Property which have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of any Lease or which are held by the applicable Owner in accordance with the terms of the Rents received thereinapplicable Lease and applicable Legal Requirements. To the Borrower's best of knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. To Borrower’s 's best knowledge, no tenant listed on Schedule I has assigned its Tenant under any Lease or sublet all or any portion is in default under the terms and conditions of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesLease. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower or any Owner, except as may be otherwise disclosed on SCHEDULE I. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Properties, except as has a right been previously disclosed to Mezzanine Lender in writing, and no such fees or option pursuant to commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or otherwise to purchase all or any part expansion of the space leased premises or the building of which the leased premises are a part. No Tenant thereunder, except as has no right or option for additional space previously been disclosed to Mezzanine Lender in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waywriting.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower Owner is the owner and lessor of landlord’s interest in the Operating Leases. Operating Lessee is the lessor under all other Leases. No Person (other than hotel guests) has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases and Management Agreements. The current Leases are in full force and effect and, there are no defaults by Borrower or, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party any tenant under any Lease, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To There are no offsets or defenses to the best payment of Borrower’s knowledge, all any portion of the Rents. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To the best of Borrower’s knowledge, no No tenant listed on Schedule I under any Lease has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant Except as set forth in the Leases, no tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. Other than as set forth on Exhibit E (the “Lease Schedule”), there are no oral or written Leases or rights of occupancy or subleases or licenses or grants or claims of right, title or interest in any portion of the Premises or any side agreements relating thereto as of the effective date hereof. The Property is not subject to any leases other than the Leases described in the rent roll Rent Roll attached hereto as Exhibit F‑1 (the “Rent Roll”) is true, correct and complete in all material respects as of the Effective Date. The Lease Schedule V contains, among other things, a true and complete list of all Leases, including all amendments, escrow agreements and guarantees related thereto, and Seller has made a part hereof. Borrower is the owner and lessor of landlordavailable to Buyer for Buyer’s interest review in the Leasesonline data room maintained by Seller or delivered to Buyer, true and complete and accurate copies of all Leases set forth on the Lease Schedule. No Person Except as set forth on Exhibit F‑3 hereto, Seller has not received any possessory interest written notices from any of the tenants under the Leases asserting that Seller is in default in any material respects under any of the respective Leases (other than defaults which have been cured). Except as set forth on Exhibit F‑3 hereto and on the Delinquency Report (defined on Exhibit H), Seller has not delivered any written notices to any of the tenants under the Leases asserting that any event of default has occurred under any of the respective Leases (other than defaults which have been cured). To Seller’s knowledge and except as set forth in the Property Rent Roll or right to occupy Exhibit F‑3 hereto, (i) the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andeffect, to and (ii) no base rent has been prepaid under any of the best of BorrowerLeases more than thirty (30) days in advance. To Seller’s knowledge, (a) except as may be set forth on Exhibit F‑2 hereto, no tenant is entitled to any agreed rent credit, free rent or any claim or offset against the rent payable by it under its Lease. As of the Effective Date, there are no defaults thereunder by either party and Lease Expenses (bas hereinafter defined) there are no conditions that, with the passage of time now due or which could become due under Existing Leases or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each New Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined hereinafter defined) except for those Lease Expenses set forth on Exhibit F‑2 hereto (which Seller shall credit to Buyer in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayaccordance with Section 14.1.

Leases. Attached as Exhibit L to this Agreement is a true, correct, and complete list of all currently existing Leases at the Property to which any Seller is a party. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower Exhibit M is the owner and lessor of landlord’s interest rent roll used by Seller in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant operation of its business with respect to the provisions Property, but Seller makes no representation or warranty as to their accuracy or completeness. Full, true and complete copies of all Leases and all amendments and guaranties relating thereto have heretofore been delivered to Buyer (or will be made available to Buyer as part of the LeasesDocuments). The current Leases are To Seller’s knowledge, each Lease is in full force and effect andeffect, and except as shown on Exhibit N, to the best of BorrowerSeller’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with rent or other amounts payable under the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid Leases is more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease arrears or has been performed paid more than one month in advance. Except as required and shown in Exhibit N, Seller has been accepted by the applicable tenant, and not delivered any payments, free rent, partial rent, rebate written notices of rent or other payments, credits, allowances or abatements required to be given by Borrower Tenant default to any tenant Tenants under Leases which remain uncured, nor has already been Seller received by such tenantany written notices of a Landlord default from any Tenants under Leases which remain uncured. There has been no prior sale, transfer or assignment, hypothecation or pledge None of Seller’s interest in any Lease or of Seller’s right to receive the Rents received therein. To rentals payable by the best of Borrower’s knowledgeTenant thereunder has been assigned, no tenant listed on Schedule I has assigned its Lease conveyed, pledged or sublet all or in any portion manner encumbered by Seller, except in connection with any existing financing encumbering the Property, which is to be repaid by Seller and released as of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the ImprovementsClosing. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)described on Exhibit N, no hazardous wastes Tenant has given written notice to Seller of any default or toxic substancesoffsets, claims or defenses available to it which have not either been cured or no longer exist. The only Tenant Inducement Costs as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant of the date hereof for leased premises currently being leased under any Lease on such Leases, which may hereafter be payable under or about the Property nor does Borrower have any knowledge of any Tenant’s intention with respect to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended (excluding, in any wayevent any such Tenant Inducement Costs which may arise in connection with expansions or lease renewals/extensions hereafter occurring under or with respect to any such Leases) are identified in Exhibit N hereto.

Leases. The rent roll attached hereto as Schedule II (the “Rent Roll”) is true, complete and correct in all material respects and the Property is not subject to any leases Leases other than the Leases described in on the rent roll attached hereto as Schedule V Rent Roll. ▇▇▇▇▇▇▇▇ has delivered to Administrative Agent the DCAS Lease and made a part hereofthe DCAS Lease has not been amended or modified. Borrower ▇▇▇▇▇▇▇▇ is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the LeasesLeases described on the Rent Roll, arrearage reports and Tenant estoppels delivered to and approved by Administrative Agent. The current Except as set forth on the Rent Roll, and to Borrower’s knowledge: (i) the Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and party, (bii) there are Borrower has delivered to Administrative Agent all the copies of the Leases in Borrower’s possession, (iii) no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including other than security deposits) has been paid more than one (1) month in advance of its due date. To , (iv) except as disclosed on Schedule III attached hereto and the best of Borrower’s knowledgework contemplated by the DCAS Lease, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and (v) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenant. There Tenant or are to be received by the Tenant after the date hereof pursuant to the express terms of the applicable Lease, (vi) except as set forth in the Rent Roll and with respect to the DCAS Lease, the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Property and have commenced the payment of full, unabated rent under the Leases, (vii) Borrower has delivered to Administrative Agent a true, correct and complete list of all security deposits made by Tenants at the Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements, (viii) no prior saleTenant under any Lease (or any sublease) is a Borrower Related Party, transfer (ix) the Tenants under Leases are open for business and paying full, unabated rent and no Tenant has requested to discontinue its business at its demised premises, (x) other than pursuant to the Leasing Agreement, there are no brokerage fees or assignmentcommissions due and payable in connection with the leasing of space at the Property, hypothecation and no such fees or pledge commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the Rents received therein. To the best of space leased thereunder, and (xi) to Borrower’s knowledge, no tenant listed on Schedule I Tenant has assigned its Lease or sublet all is asserting any claim of offset or other defense, counterclaim or other claim in respect of such ▇▇▇▇▇▇’s obligations or the lessor’s rights under any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesLease. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased -76- premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies is sole owner of the Leases have been provided lessor’s entire right, title and interest in and to Lender and such Leases have not been modified or amended in any waythe Leases.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll attached hereto as Schedule V and made a part hereofdelivered to Lender on or prior to the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand with the exception of Tenant’s failure to make the scheduled payments of rent on each of August 1, to the best of Borrower’s knowledge2016 and September 1, (a) 2016, there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and complete, and there are no oral agreements with respect thereto. No Rent (including other than security deposits, if any) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof landlord under each Lease has been performed as required in such Lease and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower the landlord under such Lease to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which is still in effect. To Except as otherwise disclosed to Lender on our prior to the best of Borrower’s knowledgeClosing Date, no tenant listed on Schedule I Tenant has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees or family occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except The Property forms no part of any property owned, used or claimed by Borrower as otherwise disclosed by a residence or business homestead and is not exempt from forced sale under the Environmental Report (as defined laws of the state in the Mortgage), 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 which the Property nor does is located. Borrower have any knowledge of any Tenant’s intention hereby disclaims and renounces each and every claim to use its premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product all or any toxic or hazardous chemical, material, substance or waste. True, correct and complete copies portion of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayproperty as a homestead.

Leases. The Property is not subject Borrower have delivered to any leases other than the Agent true and complete copies of the Leases and any amendments thereto relating to each Collateral Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Collateral Property in the Collateral with respect to all Leases of any portion of the Collateral Property has been provided to the Agent. The Leases previously delivered to Agent as described in the rent roll attached hereto preceding sentence constitute as Schedule V of the date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the LeasesBuilding relating thereto. No Person has tenant under any possessory interest in the Property or right Lease is entitled to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Borrower and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by such any tenant. There has been Borrower knows of no prior sale, transfer condition which with the giving of notice or assignment, hypothecation the passage of time or pledge both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein. To respective Borrower as landlord under the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisesLease. No Tenant security deposit or advance rental or fee payment (more than two (2) months in advance) has been made by any lessee or licensor under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space Leases except as may be specifically designated in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided furnished to Lender and the Agent or as otherwise disclosed to Agent in writing. No property other than the Collateral Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Leases have not been modified or amended in any wayLease.

Leases. The Property is not subject (a) Borrower has good title to any leases other than the Leases described in and Rents and all requisite right, power and authority to assign the rent roll attached hereto as Schedule V Leases and made a part hereof. Borrower is the owner Rents, and lessor of landlord’s interest in the Leases. No Person no other person, firm or corporation has any possessory right, title or interest therein; (b) Borrower has duly and punctually performed, all and singular, the terms, covenants, conditions and warranties of the Leases on Borrower's part to be kept, observed and performed; and the Tenants thereunder are not in material default of any of the Property terms or right to occupy the same except under and pursuant to the provisions of the respective Leases. The current ; (c) As of the date hereof the Leases now in existence are valid and unmodified, except as indicated herein, and are in full force and effect andeffect; Borrower has not previously sold, assigned, transferred, mortgaged or pledged the Leases or the Rents, whether now due or hereafter to become due; the Rents now due, or to become due, for any periods subsequent to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has date hereof have not been paid collected more than one (1) month in advance advance, and payment thereof has not been anticipated more than one (1) month in advance, waived or released, discounted, setoff or otherwise discharged or compromised; and Borrower has not received any funds or deposits from any Tenant for which credit has not already been made on account of its due date. To the best of Borrower’s knowledge, all work accrued Rents. (d) The form lease to be completed used by Borrower prior shall be approved by Lender in writing and such form shall be used for all Leases. No material modification of the form may be made to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no form lease without Lender's prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any waywritten approval.

Leases. The (a) As of the date hereof, the Property is not subject to any leases Leases other than the Leases described in the a rent roll attached hereto as Schedule V and made a part hereofprovided by Grantor to Beneficiary. Borrower is To the owner and lessor knowledge of landlord’s interest in the Leases. No Grantor, no Person has any possessory interest in the Property Premises or right to occupy the same except under and pursuant to the provisions of the Leases. The Except as disclosed in writing to Beneficiary, the current Leases are in full force and effect and, to the best of Borrower’s knowledge, and (ai) there are no monetary defaults thereunder by either party thereto, (ii) to Grantor’s knowledge, there are no other defaults thereunder by the tenant or by Grantor thereunder, and (biii) to Grantor’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Except as disclosed in writing to Beneficiary, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of BorrowerExcept as disclosed in writing to Beneficiary, to Grantor’s knowledge, all work to be completed performed by Borrower prior to the date hereof Grantor under each Lease has been performed as required to date hereof and has been accepted by the applicable tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Grantor to any tenant has already been received by such tenanttenant except as disclosed on a certificate executed by Grantor in favor of, and approved by, Beneficiary on the date hereof. There has been exists no prior sale, transfer or assignment, hypothecation or pledge of Grantor’s interest in any Lease or of the Rents received therein. To the best of BorrowerExcept as disclosed in writing to Beneficiary, (A) to Grantor’s knowledge, no tenant listed on Schedule I the Lease Certificate has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor to Grantor’s knowledge does anyone except such tenant and its employees occupy such leased premises. No Tenant ; (B) no tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant ; and (C) no tenant under any Lease has no any right or option for additional space in the Improvements. Except To Grantor’s knowledge, and except as otherwise disclosed by the Environmental Report (as defined in the Mortgage)writing to Beneficiary, 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 in violation of applicable law. (b) To the extent that Grantor shall deliver to Beneficiary an estoppel certificate from the tenant under any Lease of a Trust Property nor does Borrower have that is subject to this Deed of Trust that (i) is dated within thirty (30) days of the date hereof or within thirty (30) days after the date hereof and is delivered to Beneficiary within thirty (30) days after the date hereof, (ii) expressly states that a lender making a loan with respect to the Trust Property may rely upon such certificate and (iii) expressly confirms one or more of the representations made by Grantor in the foregoing clause (a) of this Section 10, then in such event, Grantor’s representation(s) contained in such clause (a) shall terminate and not survive delivery of such estoppel certificate; provided, however, that such termination of survival shall (A) only apply to those representations contained in clause (a) of this Section 10 that are expressly addressed and expressly confirmed in any knowledge such tenant estoppel certificate and (B) only apply to the Trust Property to which such tenant estoppel certificate expressly applies. (c) In the event that any of the representations of Grantor contained in clause (a) of this Section 10 shall fail to be true, correct and complete (including, without limitation, as may be disclosed in any tenant estoppel certificate delivered by Grantor to Beneficiary), to the extent that such failure taken by itself or together with any other breach(s) of any Tenant’s intention representations contained in one or more of the other mortgages, deeds of trust and/or deeds to use its premises for any activity whichsecure debt that secure, directly or indirectly, involves the useObligations under Credit Agreement do not constitute a Material Adverse Affect, generationsuch failure shall not constitute an Event of Default; provided, treatmenthowever, storagethat Grantor and the Loan Parties shall be fully and personally liable to Beneficiary for any loss, disposal damage, liability or transportation other expenses incurred by Beneficiary in connection with the failure(s) of any petroleum product or any toxic or hazardous chemical, material, substance or waste. Truesuch representation(s) to be true, correct and complete copies as and when made by Grantor. (d) Except as expressly permitted under the Credit Agreement, Grantor shall not execute an assignment or pledge of any Lease relating to all or any portion of the Leases have been provided to Lender and such Leases have not been modified or amended Trust Property other than in any wayfavor of Beneficiary.

Leases. The Property is Properties are not subject to any leases Leases other than ------ the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest rolls delivered to Lender in the Leasesconnection with this Agreement. No Person person has any possessory interest in any of the Property Properties or right to occupy the same except under and pursuant to the provisions of the Leases. The Other than as set forth in the estoppel certificates from tenants under Leases delivered to Lender in connection with the Loan, to Borrower's knowledge, the current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has Borrower is the sole owner of the entire lessor's interest in the Leases. None of the Rents reserved in the Leases have been paid assigned or otherwise pledged or hypothecated other than pursuant to the Loan Documents. To the best of Borrower's knowledge, none of the Rents have been collected for more than one (1) month in advance of its when due dateunder the applicable Lease. To The premises demised under the best Leases have been completed and the tenants under the Leases have accepted the same and have taken possession of the same on a rent-paying basis other than those tenants under Leases for which premises are being constructed or renovated as a condition to occupancy. Other than as set forth in the estoppel certificates from tenants under Leases delivered to Lender in connection with the Loan, to Borrower’s 's knowledge, all work to be completed by Borrower prior there exist no offsets or defenses to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate payment of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised therebyRents. Other than as set forth in the estoppel certificates from tenants under Leases delivered to Lender in connection with the Loan, no such tenant holds its leased premises under assignment or subleaseLease contains an option to purchase, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant of first refusal to such Lease or otherwise to purchase all purchase, or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvementsother similar provision. Except as otherwise set forth on Schedule VI hereto or as disclosed in writing to Lender ----------- with respect to any Additional Property prior to any Subsequent Advance with respect to which such Additional Property is to be encumbered by the Environmental Report (as defined in the a Mortgage), no hazardous wastes or toxic substancesto Borrower's knowledge, 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies all of the Leases have been provided are subordinate to Lender the applicable Mortgage either pursuant to their terms or recorded subordination agreements and such all of the Leases have not been modified or amended in any wayprovide that the tenant thereunder agrees to attorn to Lender.

Leases. The Property information in the Rent Roll is not subject true, correct, and complete in all material respects. Seller has or will pursuant to Section 4 and Section 7.3 deliver to Buyer true, accurate and complete copies of all of the Leases and there are no leases, subleases, licenses, occupancies or tenancies in effect pertaining to any leases other than portion of the Real Property, and no persons, tenants or entities occupy space in the Real Property, except as stated in the Rent Roll. There are no options or rights to renew, extend or terminate the Leases described or expand any Lease premises, except as shown in the rent roll attached hereto as Schedule V Rent Roll and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has brokerage commission or similar fee is due or unpaid by Seller with respect to any possessory interest in the Property Lease, and there are no written or right oral agreements that will obligate Buyer, as Seller’s assignee, to occupy the same pay any such commission or fee under any Lease or extension, expansion or renewal thereof except under and pursuant to the provisions of the Leasesas set forth on Exhibit H attached hereto. The current Leases and any guaranties thereof are in full force and effect andeffect, and are subject to no defenses, setoffs or counterclaims for the benefit of the Tenants thereunder. Neither Seller nor, to the best of BorrowerSeller’s knowledge, (a) there are any Tenant is in default under its Lease. Seller is in full compliance with all of the landlord’s obligations under the Leases, and Seller has no defaults thereunder by either party and (b) there are no conditions that, with obligation to any Tenant under the passage of time Leases to further improve such Tenant’s premises or the giving of notice, to grant or both, would constitute defaults thereunderallow any rent or other concessions. No Rent (including security deposits) has rent or other payments have been paid collected in advance for more than one (1) month in advance of its due dateand no rents or other deposits are held by Seller, except the security deposits described on the Rent Roll and rent for the current month except as set forth on Exhibit H attached hereto. To Each rental concession, rental abatement or other benefit granted to Tenants under the best of Borrower’s knowledge, all work to be completed by Borrower Leases will have been fully utilized prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate Close of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayEscrow.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s 's knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderexcept as disclosed to Lender. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. , except as set forth on Schedule I. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed Except as set forth on Schedule I I, Borrower has assigned not consented to any assignment by any tenant of its Lease or sublet any sublease of all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant tenant under any Lease has no any right or option for additional space in the Improvements. Except Improvements except as otherwise disclosed by the Environmental Report (as defined set forth in the Mortgage)Lease. To the best of Borrower's knowledge, 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 Property leased premises in violation of applicable environmental laws nor does Borrower have any knowledge of any Tenant’s 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. True, correct and complete copies waste in violation of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayapplicable Environmental Laws.

Leases. The Except as set forth on Exhibit C, no other Leases exist with respect to the Real Property is not subject and, to any leases other than Seller's actual knowledge, there are no persons leasing, using or occupying the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Real Property or right to occupy Improvements, or any part thereof, except the same except tenants under and pursuant to the provisions of the Leases. The current Rent Roll attached hereto as Exhibit C is, and each updated Rent Roll provided after the date hereof will be, accurate and complete in all material respects as of the date thereof with respect to collections, delinquencies, and security deposits, and to Seller’s actual knowledge, in all other respects. The list of Leases set forth on Exhibit C is a true, correct and complete list of all leases for units at the Real Property, and to Seller's actual knowledge, all leases are in full force and effect andeffect, enforceable against the parties thereto, and current rent is accruing thereunder. To Seller’s actual knowledge, Seller is not in material default under any of the Leases and Seller has not received notice of any material default by any of the tenants under any of the Leases. To Seller’s actual knowledge, none of the tenants under any of the Leases are in material default thereunder except as set forth on Exhibit E-1. Except as set forth on the applicable Rent Roll, to the best of BorrowerSeller’s actual knowledge, : (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) monthly rent has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease and no security deposit or prepaid rent has been performed as required and has been accepted by the applicable tenantpaid, and any payments(b) no concession, free rentmoving or relocation allowance or credit, partial rent, rebate of rent or other paymentspayment or credit of any kind is presently owed, creditsor will or could become due and payable, allowances or abatements required to be given by Borrower to any tenant under the Leases. Seller has already been received by such tenant. There has been no prior sale(and can convey at Closing) good title to the Leases, transfer or assignmentfree and clear of all liens, hypothecation or pledge encumbrances, security interests and adverse claims of any Lease kind or of the Rents received therein. To the best of Borrower’s knowledgenature whatsoever, no tenant listed on Schedule I has assigned its Lease other than liens, encumbrances and security interests that will be terminated at or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant prior to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayClosing.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto provided to Lender prior to the date hereof (the “Rent Roll”), which Rent Roll is true, complete and accurate in all respects as Schedule V and made a part hereofof the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to except as shown on the best of Borrower’s knowledgeRent Roll, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Except for Rent not exceeding, in the aggregate, five percent (including security deposits5%) of total annual Rent from the Property, no Rent has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any 43 Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premisestherein which is outstanding. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

Leases. The Borrower represents and warrants to Lender with respect to the Leases that: (a) the Rent Roll attached hereto as Schedule I is true, complete and correct, the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. I, Borrower is the sole owner and lessor of landlord’s interest in the Leases. No , and no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current , (b) the Leases identified on Schedule I are in full force and effect and, to the best of Borrower’s knowledge, (a) and there are no material defaults thereunder by either party except (i) as provided in any estoppel certificates or similar documents provided to Lender (collectively, the “Estoppels”), (ii) as disclosed in the Rent Roll, or (iii) as otherwise disclosed by Borrower to Lender attached hereto as Schedule IV (the “Additional Disclosures”) (collectively, the Additional Disclosures, the Rent Roll and the Estoppels, the “Lease Disclosures”), (bc) the copies of the Leases delivered to Lender are true and complete, and there are no conditions thatoral agreements with respect thereto, with (d) except as provided in the passage of time or the giving of noticeLease Disclosures, or both, would constitute defaults thereunder. No no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To , (e) except as provided in the best of Borrower’s knowledgeLease Disclosures, all work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantTenant, and (f) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenant. There Tenant, (g) all security deposits are being held in accordance with Legal Requirements (h) except as provided in the Lease Disclosures, neither the landlord nor any Tenant is in default under any of the Leases; (i) except as provided in the Lease Disclosures, Borrower has been no prior sale, transfer or assignment, hypothecation or pledge knowledge of any Lease notice of termination or default with respect to any Lease; (j) Borrower has not assigned or pledged any of the Rents received therein. To Leases, the best of Borrower’s knowledgerents or any interests therein except to Lender; (k) except as provided in the Lease Disclosures, no tenant listed on Schedule I Tenant or other party has assigned its Lease an option or sublet right of first refusal or offer, to purchase all or any portion of the premises demised thereby, Property; and (1) no such tenant holds Tenant has the right to terminate its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant prior to such Lease or otherwise to purchase all or any part expiration of the leased premises or the building stated term of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any wayLease.

Leases. The Property is not Properties are not, to Borrower’s knowledge after due inquiry, subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V I and made a part hereof, which rent roll is, to Borrower’s knowledge after due inquiry, true, complete and accurate in all material respects as of the Closing Date. Borrower is the owner and lessor of landlord’s 's interest in the Leases. No To Borrower’s knowledge after due inquiry, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledgeknowledge after due inquiry, (a) there are no defaults thereunder by either party landlord or the applicable Tenant (other than any additional rent arrearages disclosed to Lender prior to the Closing Date in any delinquency/aged receivables report) and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid to Borrower or Borrower’s predecessor-in-interest of more than one (1) month in advance of its due datedate which Borrower will be affected by or bound to from and after the Closing Date. To the best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be completed performed by Borrower prior to the date hereof under each Lease has been performed as required except as set forth on Schedule 4.1.26 and has has, to Borrower’s knowledge after due inquiry, been accepted by the applicable tenantTenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant Tenant has already been received by such tenantTenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein by Borrower which is outstanding. To Bank of America, N.A. has not assigned or sublet its interest in the best of Master Lease and to Borrower’s knowledgeknowledge after due inquiry, no tenant other Tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant Tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partpart other than the rights of first refusal and rights of first offer to purchase in favor of the Master Tenant as set forth in the Master Lease. No Tenant under any Lease has no any right or option for additional space in the Improvements. Except Improvements other than the expansion rights in favor of the Master Tenant as otherwise disclosed by the Environmental Report (as defined set forth in the Mortgage), 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 Property nor does Master Lease. Borrower have any knowledge of any Tenant’s intention has delivered to use its 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. TrueLender a true, correct and complete copies copy of the Leases have been provided Master Lease. As of the Closing Date, Master Tenant has the right to Lender terminate (a) not more than 6,905 square feet of premises leased pursuant to the Master Lease, which right to terminate must be exercised prior to June 30, 2023 and (b) not more than 105,016 square feet of premises leased pursuant to the Master Lease, which right to terminate may be exercised no earlier than January 1, 2017 but must be exercised prior to June 30, 2023. $3,000,000 is on deposit with Master Tenant as a security deposit and such Leases have not been modified or amended in security deposit satisfies the requirements of the Master Lease for any waysecurity deposit required to be delivered by the landlord thereunder. No URR Agreement (as defined in, the Master Lease) exists.

Leases. The Property (i) Exhibit C is not subject a true and complete list of all of the Leases, and except as set forth in the Leases, there are no options to expand, rights of first refusal, options to terminate without cause, options to renew, options to purchase, or any rent abatements given to any leases of the tenants after the tenants are in occupancy and paying rent. (ii) To Seller’s knowledge, each of the Leases is in full force and effect according to the terms set forth therein, has not been modified, amended, or altered, in writing or otherwise except as disclosed in writing to Purchaser, and true and correct copies of the Leases have been delivered or made available to Purchaser. (iii) Seller has not received written notice from any tenant under the Leases of any unperformed obligation of the lessor under the Leases including, without limitation, failure of the lessor to construct any required tenant improvements. No tenant has asserted in writing to Seller any offsets, defenses or claims available against rent payable by it or other performance or obligations otherwise due from it under any Lease. (iv) To Seller’s knowledge, no tenant is in default (beyond any applicable grace or cure period), under or is in arrears in the payment of any sums or in the performance of any obligations required of it under its Lease. (v) No guarantor(s) of any Lease has been released or discharged by Seller, voluntarily or involuntarily, from any obligation under any Lease. (vi) There are no brokers’ commissions, finders’ fees, or other charges payable or to become payable to any third party on behalf of Seller as a result of or in connection with any Lease, including, without limitation, any unexecuted option(s) to expand or renew other than the Leases described in the rent roll as set forth on Exhibit D attached hereto as Schedule V and made a part hereof. Borrower is All such fees, commissions and charges payable in connection with the owner current term of leases existing as of the date of this Agreement (other than the Approved Renewals) will be Seller’s responsibility; all such fees, commissions and lessor charges payable in connection with renewals of existing leases or new leases entered into after Closing (including the Approved Renewals) shall be the responsibility of Purchaser. Seller has no obligation to complete or pay for any tenant improvements with respect to any Lease, including, without limitation, any obligation to pay for) the ESFR fire sprinkler system in Suite E referenced in Paragraph 33 of the Bob’s Red Mill Lease; provided that Seller shall deposit into an escrow to be held by Escrow Holder the estimated cost (which estimate must be reasonably satisfactory to Purchaser) of the cost to install the pump equipment referenced in Paragraph 36 of the Bob’s Red Mill Lease; Seller shall have a period of three months within which to obtain an estoppel from ▇▇▇’s Red Mill confirming that the landlord’s interest obligation referenced in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions Paragraph 36 of the Leases. The current Leases are in full force and effect and, Bob’s Red Mill Lease to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted install pump equipment is not triggered by the applicable tenant, transaction contemplated by this Agreement. In the event the estoppel is timely received and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), 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 Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended Buyer, then the escrowed funds shall be released to Seller; otherwise, the escrowed funds shall be released to Buyer. Buyer shall receive a credit at Closing for the tenant improvement allowance under the Western Pacific Lease as provided in any wayParagraph 15(a) below.

Leases. The Property All existing Leases involving any of the Communities are described in Exhibit D, segregated by the particular Community to which such Leases apply. To the best of Contributor's knowledge, each tenant under a Lease is a bona fide tenant in possession or has a right to possession of the premises demised thereunder. Each of the Leases is in effect, was the result of arm's-length negotiation, is (to the best of Contributor's knowledge) not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V sublease, and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, not been assigned (to the best of Borrower’s Contributor's knowledge), modified, amended or rescinded (aexcept as described in Exhibit D and the rights of each lessee thereunder are as tenants only. No such lessee has any ownership interest or option or right of first refusal to acquire any ownership interest in the applicable Community or any part thereof, and no such lessee has any right or option to renew or extend the lease term or to lease additional space within the applicable Community or to terminate except as in its Lease provided and as described in Exhibit D. No commissions to any broker or leasing agent are due or shall become due on account of any of the Leases or upon extension or renewal of the original term thereof or upon the leasing of additional space at the applicable Community, whether or not pursuant to an option or other rights contained in such Lease. All obligations of the lessor or landlord under the Leases which are to be performed on or before the Closing Date have been (or shall have been as of the Closing) there are performed and completed at no defaults thereunder by cost or expense to MHC. No default exists or is claimed to exist on the part of either party the tenant or landlord under any of the Leases and (b) there are no conditions thatevent or condition exists which, with the passage of time or the giving of notice, passage of time or both, would both could constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenantsuch a default, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no hazardous wastes claim of set-off against rent exists or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have has been disposed, stored or treated asserted by any tenant under the Leases, except as described in Exhibit D. Exhibit D discloses all security and other deposits made by each of the tenants under the Leases, and no tenant is or was entitled to any Lease rebate or concession which is not disclosed on or about Exhibit D. Neither Contributor nor any Affiliated Partnership has received any advance payment of rent other than for the Property nor does Borrower have any knowledge current month on account of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender except as shown in Exhibit D. There are no written or oral leases or tenancies affecting any of the Communities, nor are there any oral agreements which modify any of the Leases, other than those listed and such described in Exhibit D. All of the Leases have not been modified are assignable by Contributor or amended in the applicable Affiliated Partnership, as landlord, without the consent of the tenant or any wayother party.