Common use of Leases Clause in Contracts

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in the Rent Roll attached as Schedule I hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)sole owner of landlord’s interest in the Leases and any applicable Permitted Encumbrances. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor No Tenant under any Lease has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsProperty.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVdisclosed to Lender in writing, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule V and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to the best of Borrower’s knowledge after inquiryknowledge, (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 performed completed by Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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 in by the Environmental Report delivered to Lender (as defined in connection herewith, to Borrower’s actual knowledgethe 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 Anchor Tenant any tenant under any Lease on or about the leased premises Property nor does Borrower have any knowledge of Anchor any Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. True, except correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in either event, in compliance with applicable federal, state or local statues, rules and regulationsany way.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except No Tenant under any Lease has any right or option for additional space in the Improvements except as disclosed in existing Leases. Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report delivered date hereof shall be subject to Lender’s prior written approval. Lender in connection herewithshall execute and deliver its standard form of subordination, non-disturbance and attornment agreement to Borrower’s actual knowledgeTenants under any future Major Lease approved by Lender promptly upon request, no hazardous wastes or toxic substanceswith such commercially reasonable changes as may be requested by such Tenants, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention which are reasonably acceptable to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsLender.

Leases. The Property is Properties are not subject to any Leases ------ other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and made a part ----------- hereof and subleases permitted under the Anchor Tenant Lease)or assignments thereunder. 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 Anchor Tenant LeaseLeases and subleases or assignments permitted thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and and, to Borrower's knowledge, 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 best of Borrower’s knowledge, all All material work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiryExcept as permitted under the Permitted Leases, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IVin the Leases, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no Improvements. 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wastewaste except for any such substances used or generated by any tenant in the ordinary course of business and treated in accordance with applicable Environmental Laws ("PERMITTED MATERIALS"). Borrower shall not permit or suffer any tenant under any Permitted Lease to relocate from any Individual Property to any property owned by an Affiliate of Borrower, except without, in either eventcase, the prior written consent of Lender, in compliance with applicable federal, state or local statues, rules and regulationsits sole discretion.

Leases. The Property is not subject to any leases other than the Leases described on Schedule II and made a part hereof and the Operating Lease. Operating Lessee is the owner and lessor of landlord’s interest in the Leases other than the Anchor Tenant Lease (Operating Lease. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Operating 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 Anchor Tenant LeaseLeases and Room License Agreements. The Anchor Tenant Lease is To the Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, (b) all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenant. There such tenant, (c) there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryremains in effect, except as set forth (d) in each case, unless otherwise indicated thereon, no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have (e) no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed , and (f) no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases disclosed to Lender in writing or set forth in the 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, there are no Major Leases on any Individual Property. Borrower is the owner and subleases permitted under lessor of landlord's interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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, 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as disclosed to Lender in writing or set forth on Schedule IVin the Rent Rolls, to the Anchor Tenant best of Borrower's knowledge, no tenant has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual '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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. (b) With respect to any Individual Property located within the State of New York, except Lender shall have all of the rights against lessees of each Individual Property located in either event, the State of New York set forth in compliance with applicable federal, state or local statues, rules and regulationsSection 291-f of the Real Property Law of New York.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under made a part hereof. To the Anchor Tenant Lease). No best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and 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 performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Borrower has delivered to the Administrative Agent true copies of the Leases and any amendments thereto relating to each PoolUnencumbered 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 Pooleach Unencumbered Property has been provided (or, will be provided when required under Section 5.1(e)) to the Administrative Agent (except with respect to each PoolUnencumbered 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 PoolUnencumbered 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 Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisescredits. Except as set forth on in Schedule IV4.20, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Pool Property in the Pool Availabilitysuch Rent Roll, in full force and effect in accordance with their respective terms, without any payment default or option pursuant 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 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 Anchor Tenant Lease to purchase all or any part best of the leased premises knowledge and belief of the Borrower, there is no basis for any such claim or the building notice of which the leased premises are a partdefault by any tenant. Except as disclosed reflected in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeSchedule 4.20, no hazardous wastes or toxic substancesproperty, as defined by other than the PoolUnencumbered Property, which is the subject of the applicable federalLease, state or local statutesis necessary to comply with the requirements (including, rules and regulationswithout limitation, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except parking requirements) contained in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The To Borrower's Knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE XI hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiry's Knowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's Knowledge, except as set forth on Schedule IVXI, the Anchor Tenant no tenant listed on SCHEDULE XI has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE XI, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Leases described in Schedule I attached hereto and made a part hereof, including, without limitation, the Master Leases. Either Tower Borrower or Garage Borrower is the owner and holder of landlord’s interest in each Lease (and subleases permitted under affecting the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents or the Vacant Space Rent received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule 4.1.26 attached hereto and subleases permitted under made a part hereof. Mortgage Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to Borrower’s knowledge 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 Except for security deposits) , no Rent has been paid more than one (1) month in advance of its due date. To best of Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, all work to be performed by Mortgage Borrower or Baltimore Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 or Baltimore Owner to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been is no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant 4.1.26 has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewithon Schedule 4.1.26, no tenant, to Borrower’s actual knowledge, under any Lease has any right or option for additional space in the Improvements. To 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except waste in either event, in compliance with violation of applicable federal, state or local statues, rules and regulationslaw.

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 other than the Anchor Tenant related Operating Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest Leases described in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseRent Roll Schedules, as applicable. The Anchor Tenant Lease is Leases identified on the Rent Roll Schedules are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party thereto. The copies of the Leases delivered to Lender are true and 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 best of Borrower’s knowledge, all All construction work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 any Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. 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 which are held by such Borrower in accordance with the terms of the Anchor Tenant applicable Lease or of the Rents received therein which is outstandingand applicable Legal Requirements. To Borrowers’ knowledge, each Tenant is free from bankruptcy or reorganization proceedings. To Borrowers’ knowledge, no Tenant under any Lease is default under the terms and conditions of such Lease. No Tenant under any Lease (or any sublease) (other than the Operating Leases) is an Affiliate of any Borrower’s knowledge after inquiry, except as set forth may be otherwise disclosed on Schedule IVthe Rent Roll Schedules, as appropriate. The Tenants under the Anchor Tenant 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 not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as been previously disclosed in the Environmental Report delivered to Lender in writing, and no such fees or commissions will become due and payable in the future in connection herewithwith the Leases, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined including by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation reason of any petroleum product extension of such Lease or any toxic or hazardous chemical, material, substance or wasteexpansion of the space leased thereunder, except as has previously been disclosed to Lender in either event, in compliance with applicable federal, state or local statues, rules and regulationswriting.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule II and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except No Tenant under any Lease has any right or option for additional space in the Improvements except as disclosed in existing Leases. Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report delivered date hereof shall be subject to Lender’s prior written approval. Lender in connection herewithshall execute and deliver its standard form of subordination, non-disturbance and attornment agreement to Borrower’s actual knowledgeTenants under any future Major Lease approved by Lender promptly upon request, no hazardous wastes or toxic substanceswith such commercially reasonable changes as may be requested by such Tenants, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention which are reasonably acceptable to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsLender.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases disclosed to Lender in writing or set forth in the 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, there are no Major Leases on any Individual Property. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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, 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor Tenant no tenant has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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. (b) With respect to any Individual Property located within the State of New York, except Lender shall have all of the rights against lessees of each Individual Property located in either event, the State of New York set forth in compliance with applicable federal, state or local statues, rules and regulationsSection 291-f of the Real Property Law of New York.

Leases. The Property is To Borrower’s knowledge, the Properties are not subject to any Leases other than (a) the Anchor Tenant Ground Lease, (b) the Leases described in Schedule XIV attached hereto and made a part hereof, and (c) the Operating Lease. Mortgage Borrower and Property Owner, as applicable, are the owner and lessor of landlord’s interest in the Operating Lease and Operating Lessee is the owner and lessor of landlord’s interest in the Leases. Canadian Trust is the beneficial owner of the Canadian Properties and Signatory Trustee is the registered owner and lessor of landlord’s interest in the Canadian Operating Lease. To Borrower’s knowledge (and subleases permitted under i) with the Anchor Tenant Lease). No exception of hotel guests, 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 Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Leases are in full force and effect and to Borrower’s knowledge after inquiryeffect, there are (iii) no defaults thereunder by either party and 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 best of Borrower’s knowledge, date and (iv) all work to be performed by Mortgage Borrower or Property Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 or Property Owner, as applicable, to the Anchor Tenant have any tenant has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstandingsuch tenant. To Borrower’s knowledge after inquiry, except as set forth (A) no tenant listed on Schedule IV, the Anchor Tenant XIV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on , (B) except for those tenants listed in Schedule IVXIV-A, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except , (C) except as disclosed set forth on Schedule XIV-B, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, Improvements and (D) 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower or Operating Tenant, as the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiryand, 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 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be performed by Borrower or Operating Tenant, as the case may be, under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except those that are both (i) in either event, in material compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant’s respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed in the Environmental Reports or otherwise disclosed to and regulationsapproved by Lender in writing.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Operating Leases, the Immaterial Leases. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseOperating Leases, the Immaterial Leases. The Anchor Tenant Lease is Operating Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any the Operating Tenant thereunder, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder such Operating Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Operating Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Operating Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryOther than with respect to Immaterial Leases, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby. Other than in connection with an Out-Parcel, nor does anyone except the Anchor no Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 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 Anchor any Tenant under any Operating Lease on or about the leased premises nor does Borrower have any knowledge of Anchor any Operating 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 wasteHazardous Materials, except in either event, 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 federalIndividual Property or each Operating Tenant’s business at such Individual Property as set forth in the Operating Leases, state (B) held by such Operating Tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Borrowers have delivered to 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 preceding sentence constitute as of the date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and in the Building relating thereto. No tenant under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease reflected in such Leases or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right 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 option pursuant 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 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 Anchor Tenant Lease to purchase all 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 leased premises material terms under a Lease or of the building of respective Borrower as landlord under the Lease, which would result in a Material Adverse Effect. No security deposit or advance rental or fee payment (more than 2 months in advance) has been made by any lessee or licensor under the leased premises are a part. Except Leases except as disclosed may be specifically designated in the Environmental Report delivered copies of the Leases furnished to Lender the Agent or as otherwise disclosed to Agent in connection herewithwriting. No property other than the Collateral Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, to Borrower’s actual knowledgewithout limitation, 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except parking requirements) contained in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The No Individual Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. With respect to each Individual Property, the applicable Individual 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 Anchor Tenant Leaseapplicable Leases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to each Individual Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by the applicable Individual Borrower in accordance with applicable law. All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each Individual Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth disclosed on Schedule IVVI hereto, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements except as set forth in connection herewith, to Borrower’s actual knowledge, no SCHEDULE II. 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Operating Lease and Leases described in the rent roll attached hereto as Schedule 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. To Borrower’s knowledge, (i) with the exception of hotel guests and subleases permitted under the Anchor Tenant Lease). No 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 Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by 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 there are no conditions that(B) defaults 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 best of Borrower’s knowledge, all All work to be performed by Mortgage Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryknowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to the best of Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and 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 performed completed by Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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 any right or option for additional space in the Improvements. Except as otherwise disclosed in by the Environmental Report delivered to Lender (as defined in connection herewith, to Borrower’s actual knowledgethe 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The No Individual Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. With respect to each Individual Property, the applicable Individual 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 Anchor Tenant Leaseapplicable Leases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to each Individual Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by the applicable Individual Borrower in accordance with applicable law. All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each Individual Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVdisclosed to Lender in writing, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The To Borrower's Knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE XI hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, except as set forth on SCHEDULE XII hereto, to Borrower’s knowledge after inquiry's Knowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and and, except as set forth on SCHEDULE XII hereto, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's Knowledge, except as set forth on Schedule IVXI, the Anchor Tenant no tenant listed on SCHEDULE XI has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE XI, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE XI. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property rent roll, which is included as part of Seller’s Deliveries, is a true, correct and complete in all material respects and sets forth a list of the Leases and Tenants, including, but not subject 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 other than provided to 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 Anchor Tenant Lease (and subleases permitted “Landlord” or “Lessor” under the Anchor Tenant Lease). No Person Leases and has any possessory interest in the Property or right full power and authority to occupy assign the same except under and pursuant to Buyer. Seller has not received written notice of any uncured event of default with respect to the provisions performance of any of its obligations under the Leases. Each of the Anchor Tenant Lease. The Anchor Tenant Lease Leases is in full force and effect and to Borrower’s knowledge after inquiry, there are is no defaults thereunder monetary or non-monetary default under any Lease by either party and there are no conditions thatthe 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 giving of notice, landlord or both, would constitute defaults the tenant thereunder. No Rent 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 security depositsall tenant improvements) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed constructed and installed by Borrower under Seller, as the Anchor Tenant Lease has been performed as required and has been accepted by landlord, in the Anchor 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 leased premises located on the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant Property owned by such Seller and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules Leases is complete and regulations, have been disposed, stored or treated by Anchor Tenant fully paid for and/or will be complete and fully paid for on or about before the leased premises nor does Borrower have any knowledge Closing or if not an appropriate credit will be given to Buyer at the time of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsClosing.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, except as may have been reflected in any tenant estoppel certificates delivered to Borrower’s knowledge after inquiryLender or in Schedule I, there are no Borrower is not aware of any defaults thereunder by either party and 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 best of Borrower’s knowledgeExcept as disclosed in the tenant estoppels or disclosed in Schedule I, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry's knowledge, except as set forth disclosed in the tenant estoppels or disclosed in Schedule I, no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby to Borrower's knowledge; no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on disclosed in the tenant estoppels or disclosed in Schedule IVI, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, 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 Anchor Tenant any tenant under any Lease on or about the 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 Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, waste except in either event, cleaning supplies used and stored in compliance with applicable federal, state or local statues, rules law and regulationsinventory held for retail sale in compliance with law. Schedule I attached hereto is true and complete in all material respects.

Leases. The Property Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Leases. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases and Management Agreements. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual '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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, 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 federalIndividual Property or each tenant's respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Comenity Lease. Borrower has delivered to Lender a true, correct and subleases permitted under complete copy of the Anchor Tenant Comenity Lease). Borrower is the owner and lessor of landlord’s interest in the Comenity 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 Anchor Tenant Comenity Lease. The Anchor Tenant Comenity Lease is in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant Comenity Lease has been performed as required and has been accepted by the Anchor TenantComenity, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have Comenity has already been received by the Anchor TenantComenity. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Comenity Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IV, the Anchor Tenant Comenity has not assigned the Anchor Tenant Comenity Lease or sublet all or any portion of the premises demised thereby, Comenity does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Comenity (including any subtenants permitted under its Lease) and its employees occupy such leased premises, other than licensees, concessionaires and similar occupants as permitted under the Comenity Lease. Except as set forth on Schedule IV, The Anchor Tenant Comenity does not have a right or option pursuant to the Anchor Tenant Comenity Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed Comenity does not have any right or option for additional existing space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

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 those listed on Exhibit L attached to this Agreement. Exhibit L contains a true, correct and complete list of all currently existing Leases at the Anchor Tenant Lease 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 (and subleases permitted under or made available to Buyer as part of the Anchor Tenant LeaseDocuments). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant To Seller's knowledge, each Lease is in full force and effect effect, and except as shown on Exhibit L, to Borrower’s knowledge after inquirySeller's knowledge, there are no defaults thereunder by either party and there are no conditions that, with rent or other amounts payable under the passage of time Leases is more than one (1) 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 best all security deposits (indicating cash or letter of Borrower’s knowledge, all work to be performed credit) or prepaid rentals made or paid by Borrower the tenants under the Anchor Tenant Lease Leases. Except as shown in Exhibit L, Seller has been performed as required and not delivered any written notices of tenant default to any tenants under Leases which remain uncured, nor has been accepted by the Anchor Tenant, and Seller received any payments, free rent, partial rent, rebate written notices of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenanta landlord default from any tenants under Leases which remain uncured. There has been no prior sale, transfer or assignment, hypothecation or pledge None of the Anchor Tenant Seller's interest in any Lease or of Seller's right to receive the Rents received therein rentals 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 outstanding. To Borrower’s knowledge after inquiry, except to be repaid by Seller and released as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesClosing. Except as set forth described on Schedule IVExhibit L, no tenant has given written notice to Seller of any default or offsets, claims or defenses available to it. The Anchor only Tenant does not have a right Inducement Costs in the nature of tenant improvement costs for space currently being leased under any Leases in effect as of the date hereof (whether in the form of direct payments therefor required of Seller or option pursuant in the form of tenant improvement allowances payable by Seller) or for leasing commissions for leased premises currently being leased under any such Leases, in any such case which may hereafter be payable under or with respect to the Anchor Leases (and excluding, in any event any such Tenant Lease to purchase all or any part of the leased premises or the building of Inducement Costs which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender may arise in connection herewith, with expansions or lease renewals/extensions hereafter occurring under or with respect to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except such Leases) are identified in either event, in compliance with applicable federal, state or local statues, rules and regulationsExhibit L hereto.

Leases. The rent roll attached hereto as Schedule XI is true, complete and correct in all material respects and no Individual Property is not subject to any material Leases other than the Anchor Tenant Lease (Leases described on Schedule XI. Either Owner or Operating Lessee is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases (other than typical short-term occupancy rights of hotel guests). The Anchor Tenant Lease is 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 knowledge after inquiryand Leasehold Pledgor’s knowledge, there are no defaults thereunder by either the other party beyond any applicable notice or cure period (except as disclosed on Schedule XI), and, to Borrower’s and Leasehold Pledgor’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 best of Borrower’s knowledge, all All work to be performed by Borrower Owner or Operating Lessee under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenant, and any applicable tenant. 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 the Anchor Tenant have any tenant has already been received by such tenant except as otherwise set forth on Schedule XI. The tenants under the Anchor TenantLeases 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 the Anchor Tenant any Lease or of the Rents relating thereto or other Gross Revenue received therein which is outstandingwill be outstanding following the funding of the Loan (other than to Lender). To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant XI has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, nor no such tenant holds its leased premises under assignment or sublease, nor, to Borrower’s and Leasehold Pledgor’s knowledge, does anyone except the Anchor Tenant such tenant and its employees employees, guests and invitees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except No tenant under any Lease has any right or option for additional space in the Improvements, except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsSchedule XI.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower or Operating Tenant, as the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiryand, 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 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be performed by Borrower or Operating Tenant, as the case may be, under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except those that are both (i) in either event, 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 federalIndividual Property or each tenant’s respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed in the Environmental Reports or otherwise disclosed to and regulationsapproved by Lender in writing.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth nontenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements except as set forth in connection herewith, to Borrower’s actual knowledge, no Schedule II. 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance incompliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll attached at Schedule I and subleases permitted Borrower is the owner and lessor of landlord’s interest under the Anchor Tenant each such Lease). No To 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 Anchor Tenant Lease. The Anchor Tenant Leases described on Schedule I. Each Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. To Borrower’s Knowledge, the copies of each Lease 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, listed on Schedule I) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeKnowledge, all work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in each Lease and has been accepted by the Anchor 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 the Anchor applicable Tenant have already been received by the Anchor Tenantunder such Lease. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no Tenant holds its leased premises under assignment or sublease, nor does anyone except a Tenant occupy any portion of the Anchor Property. No Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant its Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a partpart other than rights of first refusal which are not triggered by the exercise of Lender of its remedies hereunder or the acceptance by Lender of a deed-in-lieu of foreclosure of the Property. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report Improvements. Borrower has no knowledge of any defaults by Borrower’s predecessor or any Tenant under any Lease nor any knowledge that any statement made by or on behalf of a Tenant in a tenant estoppel certificate delivered to Borrower and/or Lender in connection herewith, with the Loan contains any untrue statement of a material fact or omits to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention material fact necessary to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsmake statements contained therein not misleading.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

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 other than the Anchor Tenant Lease (Leases described in Schedule 3.3.8. Each applicable Mortgagor is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is 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 Borrower’s knowledge after inquiry, there are no defaults thereunder by either party party, and 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 best of Borrower’s knowledge, all All work to be performed as of the date hereof, by each Borrower Entity or Mortgagor, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 any Borrower Entity or Mortgagor, as applicable, to the Anchor any Tenant have has already been received by the Anchor such Tenant. 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 the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect, other than by a Mortgagor to the applicable Borrower Entity. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant 3.3.8 has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have a under any Lease has any right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the any Anchor Tenant 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s 's actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender, there are no material defaults thereunder by either party and 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 best of Borrower’s knowledge's actual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein (other than sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the tenants under the Leases). To Borrower’s 's actual knowledge after inquiry, and except as set forth indicated on Schedule IVI, the Anchor Tenant no tenant listed on Schedule I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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, other than rights of first refusal or rights of first offer described in any Leases delivered to Lender prior to the date hereof. Except No tenant under any Lease has any right or option for additional space in the Improvements. To Borrower's actual knowledge and except as disclosed in the Environmental Report any environmental reports delivered to Lender in connection herewith, to Borrower’s actual knowledgewith the Loan, 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any actual knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except other than substances of kinds and in either event, amounts ordinarily and customarily used or stored for the purposes of cleaning or other maintenance or operations and otherwise in compliance with applicable federal, state or local statues, rules and regulationsenvironmental laws.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease) and the other Leases identified on Schedule II hereof (the “Other Leases”)(with respect to which Borrower has assigned to Anchor Tenant the right to collect and retain all rent thereunder). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLease and the Other Leases. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease and each Other Lease has been performed as required and has been accepted by the Anchor Tenant or any other 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 the Anchor Tenant have has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisespremises (other than the tenants under the Other Leases). Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant 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 right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations. The guaranty of the Anchor Tenant Lease executed by Anchor Lease Guarantor is in full force and effect.

Leases. The Borrowers have delivered to the Agent true and complete 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 in all material respects 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 previously delivered to Agent as described in the preceding sentence 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 tenant under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease reflected in such Leases or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right 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 option pursuant 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, no Borrower has 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 Anchor Tenant Lease to purchase all best of the knowledge and belief of the Borrowers, there is no basis for any such claim or notice of default by any tenant which would 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 leased premises material terms under a Lease or of the building of which respective Borrower as landlord under the leased premises are a partLease. Except No security deposit or advance rental or fee payment has been made by any lessee or licensor under the Leases except as disclosed may be specifically designated in the Environmental Report delivered copies of the Leases furnished to Lender the Agent. No property other than the Mortgaged Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll attached at Schedule I. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and 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, listed on Schedule I) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor 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 the landlord under such Lease to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as listed on Schedule I, to Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth listed on Schedule IVI, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building any Property of which the leased premises are a part. Except as disclosed listed on Schedule I, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual knowledge, no hazardous wastes action or toxic substances, as defined by applicable federal, state inaction or local statutes, rules and regulations, have been disposed, stored or treated by Anchor event has occurred that would entitle any Occupancy Reserve Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use terminate its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsrespective Occupancy Reserve Lease.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as Schedule IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant no tenant listed on Schedule IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in Schedule IV. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the Rent Roll attached as Schedule II hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryKnowledge, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IVII, the Anchor Tenant no tenant listed on Schedule II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule II, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Leases described in Schedule I attached hereto and made a part hereof, including, without limitation, the Master Leases. Either Tower Mortgage Borrower or Garage Mortgage Borrower is the owner and holder of landlord’s interest in each Lease (and subleases permitted under affecting the Anchor Tenant Lease). 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by each Mortgage Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents or the Vacant Space Rent received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the certified rent rolls delivered to Lender in connection with the origination of the Loan, which rent rolls are true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. Mortgage Borrower or Maryland Owner, as applicable, 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and 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 best All security deposits are held by each of Borrower’s knowledgeMortgage Borrower and Maryland Owner, all as applicable, in accordance with applicable law. All work to be performed by Mortgage Borrower or Maryland Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 or Maryland Owner, as applicable, to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IVV, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule V, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, the Leases of any portion of the Unencumbered Asset Pool are in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises Leases, and to the knowledge of the Borrower and the Guarantors there is no basis for any such claim or notice of material default by tenant or licensee. No property other than the building Unencumbered Asset Pool Property which is the subject of which the leased premises are applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Lease. The Borrower or a part. Except as disclosed Subsidiary Guarantor is the holder of the lessor’s, landlord’s or licensor’s interest in and to all of the Leases of the Unencumbered Asset Pool Properties owned by it, except that both a Subsidiary Guarantor and Borrower hold the lessor’s, landlord’s or licensor’s interests in the Environmental Report delivered to Lender agreements described in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge definition of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except “Nokia Agreement” in either event, in compliance with applicable federal, state or local statues, rules and regulations§1.1.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s Grantor's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower Grantor under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Grantor to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s Grantor's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Grantor's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower Grantor have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received reserved therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Mortgage Borrower is the Anchor Tenant Lease)owner 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Mortgage Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryExcept as provided in Schedule I attached hereto, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I attached hereto has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Mortgage Borrower or Operating Tenant, as the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no material defaults thereunder by either party Mortgage Borrower or Operating Tenant, as the case may be, or any tenant under any Major Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be performed by Mortgage Borrower or Operating Tenant, as the case may be, under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 or Operating Tenant, as the case may be, to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except those that are both (i) in either event, 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 federalIndividual Property or each tenant’s respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed in the Environmental Reports or otherwise disclosed to and regulationsapproved by Lender in writing.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, the Leases of any portion of the Unencumbered Asset Pool are in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises or Leases, and to the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises the Borrower and the Guarantors there is no basis for any activity whichsuch claim or notice of material default by tenant or licensee. No property other than the Unencumbered Asset Pool Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, directly without limitation, parking requirements) contained in such Lease. The Borrower or indirectlya Subsidiary Guarantor is the holder of the lessor’s, involves landlord’s or licensor’s interest in and to all of the use, generation, treatment, storage, disposal or transportation Leases of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe Unencumbered Asset Pool Properties owned by it.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Master Leases and subleases permitted under any other Leases described on Schedule II attached hereto and made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. Except pursuant to the Anchor Tenant. There Loan Documents, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth No Master Tenant or other tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no Master Tenant or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor related Master Tenant or such other tenant and its employees occupy such leased premises. Except No tenant under any Lease (other than American Multi-Cinema, Inc., as set forth on Schedule IV, The Anchor Tenant does not have to its rights of first offer and rights of first refusal pursuant to the Master Leases under which it is the Master Tenant) has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of Mezzanine Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Mezzanine Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property information contained in the Rent Roll and Updated Rent Roll is not subject true, correct and complete, Seller has delivered to Purchaser true, correct and complete copies of all of the Leases and the Specialty License Agreements and there are no leases, occupancies, tenancies, licenses or, to Seller's best knowledge, written subleases, in effect pertaining to any Leases other than the Anchor Tenant Lease (portion of a Mall, and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest no persons, tenants, licensees or entities occupy space in the Property Property, except as stated in the Rent Roll or right the Updated Rent Roll. There are no options or rights to occupy renew, extend or terminate the same Leases or the Specialty License Agreements, or expand any leased or licensed premises, except under as shown in the Rent Roll or the Updated Rent Roll or as set forth in the Leases or Specialty License Agreements. Except as disclosed by the Rent Roll, the Updated Rent Roll or EXHIBIT 9.1(c): (i) the Leases and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is Specialty License Agreements and any guaranties thereof are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent Rents or other payments, creditsor other deposits, allowances are held by an Owner except the security deposits described on the -38- 43 Rent Roll or abatements required to be given by Borrower to Updated Rent Roll and prepaid Rent for the Anchor Tenant have already been received by current month; (ii) each Owner is the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge sole owner of the Anchor landlord's or licensor's interest in the Leases and the Specialty License Agreements; (iii) as of the Closing Date, except for the Pecanland Loan and the Temple Loan, no Rents due under, or other interest in, any of the Leases or the Specialty License Agreements will have been assigned to any party other than Purchaser or otherwise pledged or encumbered in any way; (iv) neither the landlord nor, to Seller's best knowledge, any Tenant or licensee is in default under any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirySpecialty License Agreement, nor, except as set forth on Schedule IVdisclosed in EXHIBIT 9.1(c), the Anchor has Seller received any written notice from any Tenant has not assigned the Anchor Tenant or licensee of any default under its Lease or sublet all Specialty License Agreement or of any portion Tenant or licensee's termination of its Lease or Specialty License Agreement in advance of the premises demised thereby, nor does anyone scheduled expiration date of its Lease or Specialty License Agreement (except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered Lease Estoppel Certificates); (v) all of the improvements to Lender be constructed by an Owner, if any, contemplated under the Leases or the Specialty License Agreements or as required therein or in connection herewithany collateral agreement, plans or specifications respecting the Leases or Specialty License Agreements have been fully completed and paid for; and (vi) to Borrower’s actual Seller's knowledge, the Partnerships have no hazardous wastes business relationship with any Tenant or toxic substances, as defined by applicable federal, state licensee other than that of landlord and Tenant or local statutes, rules licensee and regulations, have been disposed, stored no Partner owns ten percent (10%) or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation more of any petroleum product Tenant or licensee. EXHIBIT 9.1(c)(i) includes a list of all retail stores located within a Mall having a floor area in excess of twenty thousand (20,000) square feet, and including any toxic combination of retail stores at a single Mall owned or hazardous chemical, material, substance or waste, except controlled by the same parent company and having an aggregate floor area in either event, in compliance with applicable federal, state or local statues, rules and regulationsexcess of such amount which is under a single Lease.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Operating Lease (and subleases permitted under the Anchor Tenant Lease)Leases listed on Schedule I attached hereto and made a part hereof, which list is true, complete and accurate in all respects as of the Closing Date. Borrower or Operating Company 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 Anchor Tenant LeaseOperating Lease and the Lease (the foregoing does not include transient hotel guests or attendees of banquet events). The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to the knowledge of Borrower and its Affiliates (including without limitation, Affiliated Manager), 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 best of Borrower’s knowledge, all All security deposits are held by Borrower or Operating Company in accordance with applicable law. All work to be performed by Borrower or Operating Company under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 Company to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth on Schedule I hereto, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant 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 right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s 's actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s 's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll delivered to Lender on or prior to the Closing Date. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and with the exception of Tenant’s failure to Borrower’s knowledge after inquirymake the scheduled payments of rent on each of August 1, 2016 and September 1, 2016, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor 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 the landlord under such Lease to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryExcept as otherwise disclosed to Lender on our prior to the Closing Date, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees or family occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, Improvements. The Property forms 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation part of any petroleum product property owned, used or claimed by Borrower as a residence or business homestead and is not exempt from forced sale under the laws of the state in which the Property is located. Borrower hereby disclaims and renounces each and every claim to all or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsportion of the property as a homestead.

Leases. The (a) As of the date hereof, the Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under Leases described in a rent roll provided by Grantor to Beneficiary. To the Anchor Tenant Lease). No knowledge of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed in writing to Beneficiary, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, (i) 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 (iii) 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 best of BorrowerExcept as disclosed in writing to Beneficiary, to Grantor’s knowledge, all work to be performed by Borrower Grantor under the Anchor Tenant each Lease has been performed as required to date hereof and has been accepted by the Anchor Tenant, and any applicable tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Grantor to the Anchor Tenant have any tenant has already been received by such tenant except as disclosed on a certificate executed by Grantor in favor of, and approved by, Beneficiary on the Anchor Tenantdate hereof. There has been exists no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Grantor’s interest in any Lease or of the Rents received therein which is outstandingtherein. To BorrowerExcept as disclosed in writing to Beneficiary, (A) to Grantor’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant Lease Certificate has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have ; (B) no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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; and (C) no tenant under any Lease has any right or option for additional space in the Improvements. Except To Grantor’s knowledge, and except as disclosed in the Environmental Report delivered writing to Lender in connection herewith, to Borrower’s actual knowledgeBeneficiary, 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have in violation of applicable law. (b) To the extent that Grantor shall deliver to Beneficiary an estoppel certificate from the tenant under any knowledge Lease of Anchor Tenanta Trust Property 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 intention 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 use its leased premises for those representations contained in clause (a) of this Section 10 that are expressly addressed and expressly confirmed in any activity whichsuch 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 representations contained in one or more of the other mortgages, deeds of trust and/or deeds to secure 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 such representation(s) to be true, correct and complete 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 petroleum product Lease relating to all or any toxic or hazardous chemical, material, substance or waste, except portion of the Trust Property other than in either event, in compliance with applicable federal, state or local statues, rules and regulationsfavor of Beneficiary.

Leases. The To the best of Borrower’s knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No To the best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is To the best of Borrower’s knowledge and except as otherwise disclosed to Lender on Schedule I attached hereto or in any tenant estoppel certificate delivered to Lender, the current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no material defaults thereunder by either party and Borrower or, any tenant under any Lease, and, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Lease. No To the best of Borrower’s knowledge and except as otherwise disclosed to Lender on Schedule I attached hereto or in any tenant estoppel certificate delivered 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 knowledgeknowledge and except as otherwise disclosed to Lender on Schedule I attached hereto or in any tenant estoppel certificate delivered to Lender, there are no offsets or defenses to the payment of any portion of the Rents. To the best of Borrower’s knowledge and except as otherwise disclosed to Lender on Schedule I attached hereto or in any tenant estoppel certificate delivered to Lender, all work to be performed by Borrower as of the date of this Agreement under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower’s knowledge and except as provided in the Loan Documents or as otherwise disclosed to Lender on Schedule I attached hereto or in any tenant estoppel certificate delivered to Lender, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To the best of Borrower’s knowledge after inquiry, and except as set forth otherwise disclosed to Lender on Schedule IVI attached hereto or in any tenant estoppel certificate delivered to Lender, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except To the best of Borrower’s knowledge and except as set forth otherwise disclosed to Lender on Schedule IVI attached hereto or in any estoppel certificate delivered to Lender, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except To the best of Borrower’s knowledge and except as otherwise disclosed to Lender on Schedule I attached hereto or in the Environmental Report any tenant estoppel certificate delivered to Lender or in connection herewiththe Leases, to no tenant under any Lease has any right or option for additional space in the Improvements. To the best of Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant’s respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Report.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases of any portion of the Unencumbered Asset Pool are, as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises Leases, and to the knowledge of the Borrower and the Guarantors there is no basis for any such claim or notice of material default by tenant or licensee. No property other than the building Unencumbered Asset Pool Property which is the subject of which the leased premises are applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Lease. The Borrower or a part. Except as disclosed Subsidiary Guarantor is the holder of the lessor’s, landlord’s or licensor’s interest in and to all of the Leases of the Unencumbered Asset Pool Properties owned by it, except that both a Subsidiary Guarantor and Borrower hold the lessor’s, landlord’s or licensor’s interests in the Environmental Report delivered to Lender agreements described in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge definition of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except “Nokia Agreement” in either event, in compliance with applicable federal, state or local statues, rules and regulations§1.1.

Leases. The Borrower has delivered to the Agent true copies of the leases and any amendments thereto relating to each Subject Property and each property which is not subject encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents. An accurate and complete Rent Roll as of the date of inclusion of Equity Interests relating to each Subject Property in the Collateral with respect to all leases of any portion of the Subject 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 property and in the Building relating thereto. Except as specifically described in the Tenant Estoppel Certificate relating to the lease applicable to each Subject Property and each property which is encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents (and which estoppel is approved by Agent): (i) no tenant under any such lease is entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant 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 Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent payments, credit, offset or deduction in rent, including, without limitation, lease support payments or lease buy-outs, and (ii) each of such Leases is 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. Neither the Borrower nor any Guarantor has given or made, any notice of any payment or other paymentsmaterial default, creditsor any claim, allowances which remains uncured or abatements required unsatisfied, with respect to be given by Borrower any of the leases, and to the Anchor Tenant have already been received 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 any tenant. No property other than the Subject Property or the real estate encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value, which is the subject of the applicable lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such lease, other than appurtenant rights and interests insured by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrowerowner’s knowledge after inquiry, except title insurance policy delivered as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsEligible Real Estate Qualification Documents.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No To 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryBorrowers knowledge, there are no defaults thereunder by either party and 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, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s 's knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There To Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Lease. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Leases. No Person (other than hotel guests) has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Management Agreement. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual '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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant's respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. (a) The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule I hereto. ▇▇▇▇▇▇▇▇ is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVI, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant’s respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Report.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant To the Anchor Tenant. There best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property None of the Properties is not subject to any Leases Lease, other than the Anchor Tenant Lease (Leases set forth on Schedule 4.1.26 hereto. With respect to each Property, the Borrower that owns the Property also is the owner and subleases permitted under lessor of all of the Anchor Tenant Lease)landlord’s interest in each of the Leases at that Property. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of one of the Anchor Tenant LeaseLeases or a sublease, license, assignment or occupancy agreement thereunder. The Anchor Tenant Lease Each of the current Leases is in full force and effect and and, to each Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either any party thereto and 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 the Agent 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 best of Borrower’s knowledge, all All work to be performed by any Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements abatements, except as expressly set forth in such Leases, required to be given by any Borrower to any Tenant prior to the Anchor Tenant have date hereof has already been received by such Tenant. No Tenant under any Lease has assigned its Lease or sublet all or any portion of the Anchor Tenantpremises demised thereby. No Tenant holds its leased premises under assignment, nor, to each Borrower’s knowledge, 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 any Property of which the leased premises are a part. No Tenant under any Lease has any right or option for additional space in any Improvements. Each Borrower is in compliance with all Legal Requirements relating to security deposits. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the any Rents to be received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed thereunder that remains in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationseffect.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in the Rent Roll attached hereto as Exhibit C, which Rent Roll is accurate and subleases permitted under complete in all material respects as of the Anchor Tenant Lease)date hereof. Borrower is the sole owner of the entire lessor’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 Anchor Tenant LeaseLeases. The Anchor Tenant Leases are valid and enforceable and have not been altered, modified or amended in any manner since copies of same were last delivered to Lender. None of the Rents (including security deposits) have been collected for more than one (1) month in advance. To Borrower’s actual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender or as disclosed on Schedule 1 hereto, all work to be performed by Borrower under each Lease is 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 have already been received by such tenant. The current Leases are in full force and effect and and, to Borrower’s actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender or as disclosed on Schedule 1, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge Transfer of the Anchor Tenant any Lease or of the Rents received therein therein, other than to Borrower and sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the tenants under the Leases. To Borrower’s actual knowledge after inquiry, and except as set forth may be disclosed in any tenant estoppel certificates delivered to Lender or as disclosed on Schedule IV1 hereto, the Anchor Tenant no tenant listed on Exhibit C has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as may be set forth on Schedule IVin the Leases, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed may be set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To Borrower’s actual knowledge, 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention tenant intends to use its leased premises on the Property for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal transportation or transportation Release of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except Hazardous Materials in either event, violation of Environmental Law. True and correct copies of all Leases in compliance with applicable federal, state or local statues, rules and regulationsexistence as of the Closing Date were delivered to Lender prior to the execution of this Agreement.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases identified on Schedule I are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party party, and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by such Tenant. The Tenants under the Anchor TenantLeases 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. No Tenant under a Major Lease is a debtor in state or federal bankruptcy, insolvency or similar proceeding. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. 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 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 the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and except as may be disclosed on tenant estoppels delivered to Borrower’s knowledge after inquiryLender, there are no defaults by Borrower thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults by Borrower thereunder, and to the best of Borrower’s knowledge after due inquiry, there are no defaults thereunder by any Tenant, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults by any Tenant thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeAll security deposits are held by Borrower in accordance with applicable law. Except as may be disclosed on tenant estoppels delivered to Lender, all work to be performed by Borrower landlord under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 landlord to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or 42 0107842.0726822 4821-7262-8396v10 otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered Improvements. FedEx has no claim against Borrower and no offset or defense to Lender in connection herewith, enforcement of any of the terms of the FedEx Lease. All improvements required to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined be completed by applicable federal, state or local statutes, rules and regulations, Borrower under the FedEx Lease have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does completed and there are no sums due to FedEx from Borrower and no allowances from Borrower to FedEx that have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsnot been paid.

Leases. The Property is Properties are not subject to any Leases in excess of three thousand (3,000) square feet other than (a) the Anchor Tenant Lease Leases described in Schedule II attached hereto and made a part hereof, and (b) the Operating Leases. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Operating Leases and Operating Lessee 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 knowledge, all work to be performed by Borrower or Operating Lessee under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 Lessee to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in To the Environmental Report delivered to Lender in connection herewith, to best of Borrower’s actual knowledge, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about option for additional space in the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule II hereto. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVII, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany 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 wasteHazardous Materials, except in either event, 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 federalIndividual Property or each tenant’s respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The To Borrower’s knowledge, no Individual Property is not subject to any Leases Material Lease other than the Anchor Tenant Lease Material Lease(s) described on Schedule 5.1.21 attached hereto and made a part hereof and, to Borrower’s knowledge, each rent roll with respect to an Individual Property attached hereto as Schedule 4.1.26 is true, complete and accurate in all material respects as of the Closing Date. Each Individual Borrower or the corresponding Individual Operating Lessee is the owner and lessor of landlord’s interest in the Leases with respect to the applicable Individual Property. To Borrower’s knowledge, (i) with the exception of hotel guests and subleases permitted under the Anchor Tenant Lease). No patrons, 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 Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Material Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by Borrower has not received or delivered written notice that either party is in default under a Material Lease except for (A) defaults which have been cured and there are no conditions that(B) defaults that do not, with in the passage of time aggregate for any Individual Property, have an Individual Material Adverse Effect on such Individual Property or the giving of notice, or both, would constitute defaults thereundersuch Individual Borrower. 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 and services in the ordinary course of business). To best of Borrower’s knowledge, all All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Material Lease has been performed as required in all material respects and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryknowledge, except as set forth described on Schedule IV4.1.26, the Anchor no Tenant under a Material Lease has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed part and no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than Operating Lessees are the Anchor Tenant Lease (and subleases permitted lessors under the Anchor Tenant Lease)Leases as indicated in Schedule 6.25. No Person (other than hotel guests) other than with respect to Permitted Liens has any possessory interest in the any Collateral Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases, the Vinoy Marina Ground Lease (with respect to the Vinoy Ground Lessor prior to the Vinoy Marina Lease Transfer) and Management Agreements. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party any Borrower or, to the best of each Borrower’s knowledge, any tenant under any Major Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Major Lease. No With respect to the Major Leases,no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by any Borrower under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Major Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premisespremises other than with respect to Permitted Liens. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant Lease suchLease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partCollateral Property. Except as disclosed set forth in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeMajor Leases, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have option for additional space in any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsCollateral Property.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Each tenant under a Lease has entered into occupancy of the demised premises under such Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. All security deposits, if any, are held by Borrower in accordance with applicable law. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and and, to Borrower’s knowledge, except as set forth in that certain First Amendment to Lease with respect to the Ally Lease, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered Improvements. No Lease provides any party with the right to Lender in connection herewith, obtain a Lien upon the Property superior to the Lien of the Mortgage. To the best of Borrower’s actual knowledgeknowledge and belief, no hazardous wastes each tenant is free from bankruptcy, reorganization or toxic substances, as defined by applicable federal, state arrangement proceedings or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about a general assignment for the leased premises nor does Borrower have any knowledge benefit of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationscreditors.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule XVI attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and, except as disclosed on Schedule XVII attached hereto and to the best of Borrower’s knowledge after inquiryknowledge, there are no material defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Except for security deposits required under the respective Leases and as set forth on Schedule XXVI attached hereto, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledgeany portion of the Rents. Except as set forth on Schedule XVIII attached hereto, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been is no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is presently outstanding. To Borrower’s knowledge after inquiry, except Except as set forth on Schedule IVXIX attached hereto, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as otherwise disclosed in the Environmental Report a tenant estoppel certificate delivered to Lender in connection herewithwith the Loan, no tenant under any Lease has any right or option for additional space in the Improvements. Except as may be expressly set forth in the Environmental Report, to the best of Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises in violation of Environmental Laws nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except Hazardous Materials in either event, in compliance with applicable federal, state or local statues, rules and regulationsviolation of Environmental Laws.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule II hereto and subleases permitted under made a part hereof. To the Anchor Tenant Lease). No best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and 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 knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower’s knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule II, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in Schedule II. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is To Borrower’s Knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. To Borrower’s Knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases or as hotel guests, customers or invitees in the ordinary course of business at the Property. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 Borrower with respect thereto; (Lender acknowledges and agrees that Borrower has no obligation to deliver copies of Leases under 5,000 square feet unless specifically so requested by Lender). No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances allowances, concessions or abatements required to be given by Borrower to the Anchor Tenant any tenant have already been received by such tenant and all leasing commissions and tenant improvement obligations under the Anchor TenantLeases have been fully satisfied. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth may be disclosed on Schedule IVI hereto, the Anchor Tenant no tenant listed on Schedule I has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth disclosed on Schedule IVI, The Anchor Tenant does not have no tenant allowances are owed to any tenant and no security deposit is subject to return to any tenant. No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered Improvements. The representations contained in this Section 4.1.26 shall not apply to Lender in connection herewithany sublease, to Borrower’s actual knowledge, no hazardous wastes sub-sublease or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationssimilar agreement.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant . no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and 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 best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVII, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, 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 federalIndividual Property or each tenant's respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is Properties are not subject to any Leases in excess of three thousand (3,000) square feet other than (a) the Anchor Tenant Lease Leases described in Schedule III attached hereto and made a part hereof, and (b) the Operating Leases. Mortgage Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Operating Leases and Operating Lessee 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 knowledge, all work to be performed by Mortgage Borrower or Operating Lessee under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 or Operating Lessee to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant III has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in To the Environmental Report delivered to Lender in connection herewith, to best of Borrower’s actual knowledge, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about option for additional space in the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Master Leases and subleases permitted under any other Leases described on Schedule II attached hereto and made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth No Master Tenant or other tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no Master Tenant or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor related Master Tenant or such other tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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 AMC, with respect to its rights of first refusal and rights of first offer, the AMC Prohibition Purchase Options and the AMC Louisiana Options). Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease, if any). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than (a) the Anchor Tenant Lease Ground Leases and (b) the Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best All security deposits are held by Borrower in accordance with applicable law. Except as otherwise set forth in any estoppels and/or subordination, non-disturbance and attornment agreements delivered to Lender in connection with the closing of Borrower’s knowledgethe Loan, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule 2 attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, except as set forth on Schedule 4.1.26, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderthereunder (excluding Rent which is due but subject to an unexpired grace period). No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as set forth on Schedule 4.1.26, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. Except as set forth on Schedule 4.1.26, all leasing commissions due and owing with respect to each Lease in existence on the Anchor Tenantdate hereof has been paid in full. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingthat continues in effect. To Borrower’s knowledge after inquiry, except Except as set forth on Schedule IV4.1.26, to the Anchor Tenant best of Borrower's knowledge, no tenant listed on Schedule 2 has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best of Borrower’s actual '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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except waste in either event, in compliance with violation of applicable federal, state or local statues, rules and regulationslaw.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule IV hereto and subleases permitted under made a part hereof. To the Anchor Tenant Lease). No best of 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 Anchor Tenant Lease. Leases, The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 knowledgeknowledge after due inquiry, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower’s knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To To. Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant no tenant listed on Schedule IV has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed set forth in Schedule IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in Schedule IV. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The To the best of Borrower’s knowledge, the Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. No Borrower is the owner and lessor of landlord’s interest in the Leases. To the best of 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as set forth in the estoppels delivered in connection with the closing of the Loan, to the best of Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 the estoppels delivered in connection with the closing of the Loan, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To All security deposits are held by Borrower in accordance with applicable law. Except as set forth in the estoppels delivered in connection with the closing of the Loan, to the best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except Except as set forth in the estoppels, to the best of Borrower’s knowledge, no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVin the estoppels delivered in connection with the closing of the Loan and/or the Title Insurance Policy, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease Leases described in the rent roll attached hereto as Schedule I and made a part hereof (the “Rent Roll”), which Rent Roll is true, complete and subleases permitted under accurate in all material respects as of the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed in the Rent Roll, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and and, to Borrower’s actual knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Not more than five percent (5%) of annual Rent (including security deposits) for all of the Property in the aggregate has been paid more than one (1) month in advance of its due datedate (other than security deposits). To best of Borrower’s knowledge, all work to be performed All security deposits are held by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have already been received by the Anchor Tenantin accordance with applicable law. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryactual knowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property (a) Section 4.9(a) of the Disclosure Schedule sets forth a true, correct and complete list of all leases, subleases, licenses or other agreements (the “Leases”) for the use and occupancy of real property to which any Seller Entity is not subject to any Leases other than a party (the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease“Leased Real Property”). No Person has any possessory interest True, correct and complete copies of all Leases and all amendments, modifications and supplemental agreements thereto have previously been delivered to Parent. The term and rentals of each Lease are accurately set forth therein. The Leases are in full force and effect, and are binding and enforceable against each Seller Entity and, to the knowledge of the Seller, each of the parties thereto, in accordance with their respective terms and, except as set forth on Section 4.9(a) of the Disclosure Schedule, have not been modified or amended. The Seller Entities have accepted possession of the Leased Real Property or right to occupy the same except under and demised pursuant to the provisions Leases and are in actual possession thereof and have not sublet, assigned, encumbered or hypothecated their leasehold interest or granted any right of occupancy, possession or enjoyment of any of the Anchor Tenant Leased Real Property to any other Person. Except as set forth in Section 4.9(a) of the Disclosure Schedule, no Seller Entity is obligated to pay any leasing or brokerage commission relating to any Lease that has not already been paid and none will have any obligation to pay any leasing or brokerage commission upon the renewal of any Lease. The Anchor Tenant No construction, alteration or other leasehold improvement work required by any of the Leases remains to be paid for or to be performed by any Seller Entity. No Seller Entity has any obligation to provide any deposits, letters of credit or other credit enhancements to retain its rights under any Lease (except as otherwise provided in such Lease) or otherwise operate its business at the applicable Leased Real Property. (b) Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. To Seller’s Knowledge, (i) there are no material eminent domain, condemnation or other similar proceedings pending or threatened against any Seller Entity or otherwise affecting any portion of the Leased Real Property, and, no Seller Entity has received any notice of the same, (ii) the current use of the Leased Real Property in the conduct of the Business does not violate any instrument of record or agreement affecting the Leased Real Property, and there is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over the Leased Real Property, or the use or occupancy thereof, except for such violations as would not materially interfere with the continued use and operations of the Leased Real Property to which they relate or materially adversely affect the value thereof for its current use, (iii) the Leased Real Property is in material compliance with all applicable building, zoning, subdivision, health and safety and other land use and similar applicable laws, rules and regulations affecting the Leased Real Property, and no Seller Entity has received any notice of any material violation or claimed material violation by any of them of any such laws, rules and regulations with respect to the Leased Real Property which have not been resolved, (iv) there are no proposed special assessments, or proposed material changes in property tax or land use or other Laws affecting the Leased Real Property, (v) there is no pending or threatened litigation, investigation or other proceeding that would interfere with the use or quiet enjoyment of the Leased Real Property by a Seller Entity prior to or after the Closing, (vi) all Permits required in connection with the operation of the Leased Real Property and all improvements thereon and the conduct of the Business thereon have been duly obtained, are in full force and effect and no proceedings are pending or threatened which could lead to Borrower’s knowledge after inquirya revocation or other impairment of any thereof, there (vii) the water, gas, electricity and other utilities serving the Leased Real Property are no defaults thereunder by either party and there are no conditions that, with adequate to service the passage normal operations 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 best of Borrower’s knowledge, all work to be performed by Borrower under applicable Seller Entity at the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor TenantLeased Real Property, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or (viii) the building of which and other improvements at the leased premises Leased Real Property are a part. Except as disclosed structurally sound and the systems located therein are in the Environmental Report delivered to Lender good working order and condition in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsall material respects.

Leases. The Property is Master Lease and Operating Lease (together with any certificates and notifications entered into in connection therewith) provided to Lender on the Closing Date are true, correct, accurate and complete copies of such documents and constitute the entire agreement between the parties thereto with respect to the subject matter therein and there are no written agreements modifying, amending, supplementing or restating such documents. Except as set forth on Schedule 4.1.26, to Borrower’s knowledge, the Properties are not subject to any Leases other than the Anchor Tenant Master Lease, the Operating Lease, Non-Material Leases and residency agreements with residents of the Facilities, and each of the Master Lease and the Operating Lease is a “true lease” for all purposes of the Bankruptcy Code (including Section 365(d) and subleases permitted under 502(b)(6) thereof) and applicable Legal Requirements, and none of the Anchor Tenant Master Lease or the Operating Lease or any Non-Material Lease constitutes a financing or conveys any interest in the Properties other than the leasehold interest therein demised thereby. Mortgage Borrower (other than Maryland Borrower) and Maryland Owner are the owners and lessors of landlord’s interest in the Master Lease). No Except as set forth on Schedule 4.1.26, 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 Anchor Tenant Master Lease and the Operating Lease and except for the occupancy and related residency rights of residents at the Facilities and any Non-Material Lease. The Anchor Tenant Master Lease and each Operating Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults events of default thereunder by (a) in the case of the Master Lease, either party Mortgage Borrower (other than Maryland Borrower) and Maryland Owner or Master Tenant or (b) in the case of each Operating Lease, either the Master Tenant or the applicable Operator, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults a material default thereunder. No Rent (including security deposits) under the Master Lease or any Operating Lease has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower and no Rents or charges under the Anchor Tenant Master Lease has or any Operating Lease have been performed as required and has been accepted by the Anchor Tenantwaived, and any payments, free rent, partial rent, rebate of rent released or other payments, credits, allowances otherwise discharged or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenantcompromised. There has been no prior sale, transfer or assignment, hypothecation or pledge Transfer of the Anchor Tenant Master Lease or any Operating Lease or of the Rents received therein which is outstandingthereunder. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Master Tenant has not assigned the Anchor Tenant Master Lease or and has not sublet all or any portion of any Individual Property except pursuant to the premises demised therebyOperating Lease. Neither Master Tenant, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVto Borrower’s or Master Tenant’s knowledge, The Anchor Tenant does not have any other Person, has a right or option pursuant to the Anchor Tenant Master Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except any Individual Property, except as disclosed expressly provided in the Environmental Report delivered Master Lease upon the occurrence of a Casualty or Condemnation. No Operator has assigned its Operating Lease and, other than pursuant to Lender a Non-Material Lease, sublet all or any portion of any Individual Property except to residents of the applicable Facility, and the Operators do not hold any Individual Property under assignment and no Person (except the Operator, its employees and residents of the applicable Facility and, in connection herewiththe case of any Non-Material Lease, the tenant thereunder) occupies any Individual Property. No Operator, nor to Borrower’s actual knowledgeknowledge any other Person, no hazardous wastes has a right or toxic substances, as defined by applicable federal, state option pursuant to such Operating Lease or local statutes, rules and regulations, have been disposed, stored otherwise to purchase all or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation part of any petroleum product or any toxic or hazardous chemical, material, substance or wasteIndividual Property, except as may be expressly provided in either event, in compliance with applicable federal, state the Operating Lease upon the occurrence of a Casualty or local statues, rules and regulationsCondemnation.

Leases. The Property is not subject Neither the Company nor any of its Subsidiaries owns any real property. Schedule 3(cc) of the Company Disclosure Schedule contains a complete and correct list of all the real property which provide for a monthly rent in excess of $2,000 per month; facilities that (i) are leased or otherwise possessed by the Company or any of its Subsidiaries, (ii) in connection with which the Company or any of its Subsidiaries has entered into an option agreement, participation agreement or acquisition agreement or (iii) the Company or any of its Subsidiaries has agreed (or has an option) to any Leases other than lease or otherwise acquire or may be obligated to lease or otherwise acquire in connection with the Anchor Tenant Lease conduct of its business (and subleases permitted under collectively, the Anchor Tenant Lease“Leased Real Property”). No Person has Schedule 3(cc) of the Company Disclosure Schedule also contains a complete and correct list, along with a summary of material terms, of all leases and other agreements with respect to which the Company or any possessory of its Subsidiaries is a party or otherwise bound or affected with respect to the Leased Real Property (the “Real Property Leases”). Except as set forth in Schedule 3(cc) of the Company Disclosure Schedule, the Company or its Subsidiaries is the sole legal and equitable owner of a leasehold interest in the Property or right Leased Real Property, and possesses good and marketable, indefeasible title thereto, free and clear of all Liens and other matters affecting title to occupy such leasehold that could impair the same except under and pursuant to the provisions ability of the Anchor Tenant LeaseCompany or its Subsidiaries to realize the benefits of the rights provided to it under the Real Property Leases. The Anchor Tenant Lease is All of the Real Property Leases are valid and in full force and effect and to Borrower’s knowledge after inquiry, there are enforceable against the Company or its Subsidiaries and neither the Company nor any other party thereto is in default under any of such Real Property Leases and no defaults thereunder by either party and there are no conditions that, event has occurred which with the giving of notice or the passage of time or the giving both could constitute a default under any 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 best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesReal Property Leases. Except as set forth on in Schedule IV3(cc) of the Company Disclosure Schedule, no Real Property Lease is subject to termination, modification or acceleration as a result of the transactions contemplated hereby or by the other Transaction Documents. All of the Real Property Leases will remain in full force and effect upon, and permit, the consummation of the transactions contemplated hereby or by the other Transaction Documents. The Anchor Tenant does not have a right or option pursuant Leased Real Property is properly zoned for its present use, are permitted, conforming structures and complies with all applicable building codes, ordinances and other Requirements of Law. There are no pending or, to the Anchor Tenant Lease to purchase all knowledge of the Company, threatened condemnation, eminent domain or similar proceedings, or litigation or other proceedings affecting the Leased Real Property, or any part portion or portions thereof. To the knowledge of the leased premises Company, there are no pending or threatened requests, applications or proceedings to alter or restrict any zoning or other use restrictions applicable to the building Leased Real Property that would interfere with the conduct of which the leased premises Company’s business. There are a part. Except no restrictions applicable to the Leased Real Property that would interfere with the Company’s or any Subsidiary’s making an assignment to Investors as disclosed in contemplated by the Environmental Report delivered to Lender in connection herewithTransaction Documents, to Borrower’s actual knowledgeincluding any requirement under any Real Property Leases requiring the consent of, no hazardous wastes or toxic substancesnotice to, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation lessor of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Leased Real Property.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as set forth on Schedule 4.1.26, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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. No Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as set forth on Schedule 4.1.26, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except outstanding as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesdate hereof. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual '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 Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, waste except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe Legal Requirements.

Leases. The No Borrowing Base Property is not subject to any Leases Leases, other than the Anchor Tenant Lease (Leases described in the certified rent roll delivered to Administrative Agent and subleases permitted under attached hereto as Schedule XV. Such certified rent roll is true, complete and correct in all material respects as of the Anchor Tenant Lease)date set forth therein. Such rent roll contains a true correct and complete list of all Security Deposits and the amounts thereof, currently in Borrower’s or the applicable Borrowing Base Entity’s possession. No Person other than Managers, Operating Lessees and certain invitees in the ordinary course of business, has any possessory interest in the any Borrowing Base Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to the best of Borrower’s knowledge after inquiryknowledge, there are no material defaults thereunder by either party (other than as expressly disclosed on the certified rent roll delivered to Administrative Agent) and 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) rent has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor 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 the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of the Anchor Tenant any Lease or of the Rents rents received therein therein, which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, will be outstanding following the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion funding of the premises demised therebyFacility, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesother than those being assigned to Administrative Agent concurrently herewith. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual knowledge, no hazardous wastes Borrower or toxic substancesits predecessors and each Borrowing Base Entity of a Borrowing Base Property or its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations required under any Lease with respect to each Borrowing Base Property as defined by applicable federal, state or local statutes, rules of the Closing Date except to the extent failure to comply with the same does not and regulations, could not reasonably be expected to have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsa Material Adverse Effect.

Leases. The Property is Properties are not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule II and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)date 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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender, there are no defaults thereunder by either party and 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. All security deposits are held by Borrower in accordance with applicable law. To best of Borrower’s knowledgeactual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein (other than sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the Tenants under the Leases). To Borrower’s actual knowledge after inquiry, and except as set forth indicated on Schedule IVII, the Anchor no Tenant listed on Schedule II has not assigned the Anchor Tenant 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 the Anchor such Tenant and its employees occupy such leased premises. Except as set forth listed on Schedule IVVII hereof, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant 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. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (WaMu Leases and the subleases permitted under thereunder described in Schedule II attached hereto. Borrower is the Anchor Tenant Lease)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 Anchor Tenant LeaseLeases. The Anchor Tenant Lease is WaMu Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and 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 best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each WaMu Lease has been performed as required and has been accepted by the Anchor Tenantapplicable 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 the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any WaMu Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor Tenant no tenant under a WaMu Lease has not assigned the Anchor Tenant 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 the Anchor Tenant such tenant and its employees occupy such leased premises, except in each case as disclosed in Schedule II. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease (including any sublease) has a right or option pursuant to the Anchor Tenant 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. Except as disclosed With the exception of any expansion rights under any of the subleases identified in Schedule II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual 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 Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.