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 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 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 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 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 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 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. (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 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. (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 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 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 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. 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 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 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 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 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 (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 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 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 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 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 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 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 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 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 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 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 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 (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 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 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 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. 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 Property Schedule 4.12 sets forth a complete and accurate list of all real property Leases to which Seller is not subject a party. Schedule 4.12 lists the location of all of the leased premises (the "Leased Premises"), the dates of the Leases and any and all amendments thereto, and sets forth the address of the property, name of the landlord, term of the lease, monthly rent and a description of any adjustment methodology and the times applicable, the number and length of any options to extend or renew, and whether there is an option to purchase and the purchase price therefore with respect to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions Each of the Anchor Tenant Lease. The Anchor Tenant Lease Leases is valid, binding and enforceable against Seller in accordance with its terms and is in full force and effect and to Borrower’s knowledge after inquiry, effect; there are no existing defaults thereunder by either on the part of Seller or any other party under any Lease; and there are no each such Lease will, subject to obtaining any consent listed in Schedule 4.12, continue to be in full force and effect on the same terms and conditions thatimmediately after the Closing without the need for any action on the part of Buyer. Seller's interest in each of the Leases is free and clear of all liens. Seller has not granted to any Person any right to the possession, with use, occupancy or enjoyment of the passage Leased Premises; and Seller lawfully maintains actual and exclusive possession of time or all portions of 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 dateLeased Premises. To the best knowledge of Borrower’s knowledgeSeller, all work to be performed by Borrower under there is not now pending or contemplated any reassessment on real estate taxes or otherwise of any parcel included in the Anchor Tenant Lease has been performed as required and has been accepted by Leased Premises which would result in an increase of the Anchor Tenant, and any payments, free rent, partial rent, rebate of additional rent or other payments, credits, allowances or abatements required to be given sums and charges payable 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 Seller under any Lease or of the Rents received therein which is outstandingpertaining to any Leased Premises. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant Seller has not assigned the Anchor Tenant Lease received notice of any breach or sublet all violation of any covenant, condition, restriction, right of way or easement, or any portion of condemnation or eminent domain proceeding affecting 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 Leased Premises or any part thereof. To the best knowledge of Seller, all buildings, structures and other improvements included within the leased premises or Leased Premises, including but not limited to the building roofs and structural elements thereof and the heating, ventilation, air conditioning, plumbing, electrical, mechanical, sewer, waste water, storm water, paving and parking equipment, systems and facilities included therein, are in good working order and repair for their type and age, normal wear and tear excepted. To the best knowledge of which Seller, the leased premises water, gas, electrical, steam, compressed air, telecommunication, sanitary and storm sewage lines and systems and other similar systems serving the Leased Premises are a part. Except as disclosed sufficient to enable the Leased Premises to continue to be used and operated 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 manner currently being used 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 regulationsoperated.

Leases. The Each Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto; Schedule II affixed hereto is a true correct and subleases permitted under complete rent roll for the Anchor Tenant Lease)Property. Each Borrower, as applicable, 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 (or subleases disclosed in Schedule IV). 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, except as disclosed in Schedule IV. 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, except as disclosed in Schedule IV. 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's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant 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 , except in each case as set forth on disclosed in 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 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 IV.

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. Operating Lessee 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. All work to be performed by Operating Lessee 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 Operating Lessee to any tenant have already been received by such tenant. The current Leases are in full force and effect and and, to the knowledge of 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 Transfer of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To the knowledge of Borrower’s knowledge after inquiry, except as set forth no tenant listed on Schedule IV, the Anchor Tenant 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 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 expressly provided under any Lease delivered to Lender in connection herewith, prior to Borrower’s actual knowledgethe Closing Date, no hazardous wastes tenant under any Lease has any right or toxic substances, option for additional space in the Improvements. True and correct copies of all Leases in existence as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about of the leased premises nor does Borrower have any knowledge Closing Date were delivered to Lender prior to the execution 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 regulationsthis 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 Properties are not subject to any Leases other than the Anchor Tenant Lease Leases described in the rent roll delivered pursuant to that certain Certificate Regarding Leases and Financial Conditions given to Lender by each Borrower (collectively, the “Rent Rolls”). Owner is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant LeaseLeases (other than tenant subleases, if any, shown on the Rent Rolls). 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 any subleases. The Anchor Tenant Lease is Except as set forth in the tenant estoppel certificates delivered to Lender on or prior to the Closing Date, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either Owner or to Borrower’s knowledge, any other party thereto 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 other than 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 in the tenant estoppel certificates delivered to Lender on or prior to the Closing Date, all work to be performed by Borrower Owner under the Anchor Tenant each Lease has been performed materially 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 Owner 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 Owner’s interest in 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 Rent Rolls 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 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 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. 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 each of Borrower’s and Maryland Owner’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 knowledgeBorrower and Maryland Owner, all as applicable, in accordance with applicable law. All work to be performed by each of 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 each of 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 each of Borrower’s and Maryland Owner’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 each of Borrower’s and Maryland Owner’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 and/or Maryland Owner 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 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 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 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 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 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 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, No tenant (other than the Anchor Tenant Operating Lessees) 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 federalProperty or each tenant's respective business at such 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 (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. Mortgage 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 Mercedes-Benz 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 security deposits are held by Mortgage Borrower in accordance with applicable law. 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 inquiry, except as set forth on Schedule IV, the Anchor Tenant Mercedes-Benz has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby and no one, nor does anyone except the Anchor Tenant Mercedes-Benz and its respective employees occupy occupies such leased premises. Except as set forth on Schedule IV, The Anchor Tenant Mercedes-Benz does not have hold its leased premises under assignment or sublease. 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 Improvements. Mortgage Borrower is not currently in connection herewith, to Borrower’s actual knowledge, no hazardous wastes discussions 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, negotiations (directly or indirectly) with Mercedes-Benz with respect to any material modification of the Lease, involves including, without limitation, any reduction in the use, generation, treatment, storage, disposal rent 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 regulationsthe term thereof.

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 Mercedes-Benz 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 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 on Schedule IV, the Anchor Tenant Mercedes-Benz has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby and no one, nor does anyone except the Anchor Tenant Mercedes-Benz and its respective employees occupy occupies such leased premises. Except as set forth on Schedule IV, The Anchor Tenant Mercedes-Benz does not have hold its leased premises under assignment or sublease. 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 Improvements. Borrower is not currently in connection herewith, to Borrower’s actual knowledge, no hazardous wastes discussions 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, negotations (directly or indirectly) with Mercedes-Benz with respect to any material modification of the Lease, involves including, without limitation, any reduction in the use, generation, treatment, storage, disposal rent 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 regulationsthe term thereof.

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. (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 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; subject, however, to the rights therein granted to Lender pursuant to the Loan Documents. 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 inquiryactual 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 Except with respect to security deposits) , no Rent 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 material 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 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 Properties are not subject to any Leases other than the Anchor Tenant Lease Leases described in the rent roll attached hereto as Schedule IV and made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Closing Date. The copies of the Leases and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and subleases permitted under complete, and there are no oral agreements with respect thereto. Mortgage Borrower or Operating Lessee (as applicable) is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Collateral or any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Leases (and the Ground Lease, the Master Lease and the Operating Lease). The Anchor Tenant Lease is current Leases are in full force and effect and Mortgage Borrower or Operating Lessee as Landlord has not delivered notice of default to Borrower’s knowledge after inquiry, there are no defaults any Tenant that remains outstanding beyond the expiration of all notice and cure periods 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 thereunderparty. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate other than first month’s Rent and any security deposit. To best of Borrower’s knowledgeAll security deposits are held by Mortgage Borrower or Operating Lessee (as applicable) in accordance with applicable law. Except for any tenant improvement, rent concessions, rebates, leasing commissions or other payments, credits, allowances or abatements previously disclosed to Lender in writing, 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 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 or Operating Lessee to the Anchor Tenant have any tenant has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge by Mortgage Borrower or Operating Lessee of the Anchor Tenant Mortgage Borrower’s or Operating Lessee’s interest (as applicable) in 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 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 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 Borrower 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 Borrower and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant. 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 (more than 2 months in advance) 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 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 Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in the certified rent roll delivered in connection with the origination of the Loan and subleases permitted under the Anchor Tenant Ground Lease). Such certified rent roll is true, complete and correct in all material respects as of the date set forth therein. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases or a License Agreement. The Anchor Tenant Lease is current Leases are in full force and effect and to 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 Lender) 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, all work except as disclosed on an estoppel certificate delivered to be performed by Borrower under Lender on or before 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 TenantClosing Date. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of the Anchor Tenant any Lease or of the Rents received therein therein, which is outstandingwill be outstanding following the Closing Date. 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 property of which the leased premises are a part. Except To the best of Borrower’s knowledge, and except as expressly disclosed in the Environmental Report delivered to Lender in the Phase I environmental report delivered in connection herewith, to Borrower’s actual knowledgewith the origination of 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 Property of which the leased premises are a part 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 statuesstatutes, rules and regulations.

Leases. The To Borrower’s and Property is Owner’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. 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 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 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 and Property Owner’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 or Property Owner 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 on the Rent Roll attached as Schedule V 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 IVV, the Anchor Tenant no tenant listed on Schedule V 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 except as set forth in Schedule V. 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 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. (a) The rent roll attached hereto as Exhibit A (the “Rent Roll”) is true, correct and complete and there are no Leases affecting the Property is not subject except those Leases identified on the Rent Roll (collectively, “Existing Leases”). All agreements between the landlord and Tenant or between the landlord and any guarantor pertaining to any of such Leases other than are set forth in writing and are reflected on the Anchor Tenant Lease Rent Roll. (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 b) To Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party Borrower under the Existing Leases and Borrower has not received any written notice of a default from a tenant under an Existing Lease, which default remains outstanding. To the best knowledge of Borrower, there are no conditions thatdefaults by any Tenants under the Existing Leases nor by any guarantors under the existing Lease Guaranties. The Existing Leases, with including the passage existing Lease Guaranties, are in full force and effect. (c) To the best knowledge of time Borrower, none of the Tenants now occupying 10% or more of the giving rentable space at the Property or having a current Lease affecting 10% or more of noticesuch rentable space is the subject of any bankruptcy, reorganization or bothinsolvency proceeding or any other debtor-creditor proceeding. (d) Other than as set forth on the Rent Roll, would constitute defaults thereunder. No Rent no Existing Lease may be amended, terminated or canceled unilaterally by a Tenant, and no Tenant may be released from its obligations, except in the event of material Casualty or Condemnation. (including security depositse) Except only for rent and additional rent for the current month, Borrower has been paid not accepted any payment of rent 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 security deposit in the Environmental Report an amount exceeding one month’s rent. (f) Borrower has delivered to Lender in connection herewitha true, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, correct and complete copy of the standard form of Lease used at the Property as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about of 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 date hereof (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“Lender-Approved Lease Form”).

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 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 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 IVI, the Anchor 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 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, 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 any Tenant under any Lease on or about the leased premises nor does Borrower have any actual 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 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 Owner 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 in connection herewith, to Borrower’s actual knowledgeLeases, 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. The (a) Schedule 2.15(a) annexed hereto contains a complete and accurate list of all real property leases to which the Company is a party (collectively, "Real Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant LeaseLeases"). No Person has any possessory interest in the Each such Real 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 effect. The Company has performed all obligations required to be performed by it to date under each Real Property Lease, is not in default under any Real Property Lease, and has not taken any action that constitutes or with notice or lapse of time, or both, or would constitute a default, breach or anticipatory breach under any Real Property Lease. The Company's use and occupancy of each premises that is the subject matter of a Real Property Lease does not violate any of the terms of such Real Property Lease, does not violate the conditions of any of the Company's policies of insurance and, to Borrower’s the knowledge after inquiryof any officer of the Company or any Article II Seller, there is in conformity with all applicable building, zoning, health, fire, safety and other statutes, laws and regulations. Except as disclosed on Schedule 2.15(a), all of the buildings, structures and appurtenances situated on the premises that are the subject matter of a Real Property Lease are in good operating condition and state of maintenance and repair and will be adequate and suitable for the purposes for which they are presently being or are intended to be used. Adequate rights of ingress and egress and utility services are available for each premises that is the subject matter of a Real Property Lease. To the knowledge of any officer of the Company or any Article II Seller, no defaults lessor or landlord under any such Real Property Lease is in default in the performance of its obligations thereunder by either party and there are no conditions thator has taken any action which constitutes, or with the passage notice or lapse of time or both would constitute, a default, breach or anticipatory breach under any such Real Property Lease. Neither the giving Article II Sellers nor the Company has received notice from any such lessor or landlord of noticeits intention to exercise any option thereunder which would adversely affect or terminate the Company's use or occupancy of any premises that is the subject matter of any Real Property Lease. Except as described in Schedule 2.15(a), each Real Property Lease permits the consummation of the transactions contemplated hereby without modification of the terms thereof and without the consent of the applicable lessor or landlord. The Company does not own, and has never owned, any real property. (b) Schedule 2.15(b) annexed hereto contains a complete and accurate list of all personal property leases to which the Company is a party (collectively, "Personal Property Leases"). Each such Personal Property Lease is in full force and effect. The Company has performed all obligations required to be performed by it to date and is not in default under any such Personal Property Lease and has not taken any action that constitutes, or with notice or lapse of time or both, would constitute defaults thereundera default, breach or anticipatory breach under any such Personal Property Lease. No Rent (including security deposits) has been paid more than one (1) month The Company's use of the items of personal property that are the subject matter of any Personal Property Lease does not violate any of the terms of such Personal Property Lease, does not violate the conditions of any of the Company's policies of insurance and, to the knowledge of any officer of the Company or any Article II Seller, is in advance conformity with all applicable statutes, laws and regulations. All of the items of personal property which are the subject matter of a Personal Property Lease are in good operating condition and state of maintenance and repair and are adequate and suitable for the purposes for which they are presently being used. To the knowledge of the Company or any Article II Seller, no lessor under any such Personal Property Lease is in default in the performance of its due dateobligations thereunder or has taken any action which constitutes, or with notice or lapse of time or both, would constitute, a default, breach or anticipatory breach under any such Personal Property Lease. To best Neither the Article II Sellers nor the Company has received notice from any such lessor of Borrower’s knowledge, all work its intention to be performed by Borrower under exercise any option thereunder which would adversely affect or terminate 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 Company's use of the Anchor Tenant Lease or items of personal property which are 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 subject matter of any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesPersonal Property Lease. Except as set forth on described in Schedule IV2.15(b), The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part each of the leased premises or Personal Property Leases permits the building consummation of which the leased premises are a part. Except as disclosed in transactions contemplated hereby without modification of the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by terms thereof and without the consent of the 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 regulationslessor.

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 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 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 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 (i) Borrower is not subject the sole owner and holder of the landlord's interest under all of the Leases related to any Leases other than each Mortgaged Property. There are no assignments of the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory landlord's interest in any of the Leases or any portion of the Rents, additional rents, charges, issues or profits due and payable or to become due and payable thereunder which remain in effect on the date hereof, except in connection with the Loan Documents. (ii) With regard to each Mortgaged Property, each of the Tenants thereof occupies all or a portion of the respective Mortgaged Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant a Lease which is in full force and effect and other than those Leases in favor of Tenants presently in effect, the Mortgaged Property is not subject to any leases or other agreements granting any rights to use, occupy or possess the Mortgaged Property; other than those Tenants who are parties to those Leases presently in effect, no Person has any leasehold or possessory or occupancy right or interest in the Mortgaged Property; and each of the Tenants occupies and uses only that portion of the Mortgaged Property leased by it pursuant to the applicable Lease. (iii) All of the Leases are in full force and effect and will remain in full force and effect following the consummation of the transactions contemplated hereby and by the other Loan Documents. None of the Tenants are in monetary default under the Leases, except as disclosed on the Rent Rolls, and to Borrower’s knowledge after inquiry's Knowledge, there are no material non-monetary defaults thereunder by either party and there are no conditions that, the Tenants under the Leases. Borrower has complied with the passage terms of time or the giving Leases and is not in default in respect of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance any of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower obligations 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 Leases. Borrower has not received any notice of default from any of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryTenants, except as set forth disclosed on Schedule IV, the Anchor Tenant has not assigned Rent Rolls. (iv) None of the Anchor Tenant Lease or sublet all Tenants 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 other Person has any outstanding exercisable rights with respect to the Anchor Tenant Lease to purchase all or sale of any part Mortgaged Property including, without limitation, any purchase option, right of the leased premises first offer or the building right of which the leased premises are a part. first refusal. (v) Except as disclosed in the Environmental Report Rent Rolls, none of the Tenants has been given any free rent or concessions or abatements relating to the payment of rent or additional rent which remain unexpired on the date hereof, nor have any of the Tenants been given any credit for or offset or claim against the obligation to pay any fixed rent or additional rent by reason of prepayment of rent or otherwise. (vi) Borrower has no actual knowledge of any circumstances or conditions affecting any of the Tenants' credit standing or with respect to any pending litigation or other legal proceedings involving such Tenants that could adversely affect the operation, income or value of any of the Mortgaged Properties. (vii) All Rent Rolls 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 with the execution 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 delivery hereof are true and complete in either event, in compliance with applicable federal, state or local statues, rules and regulationsall material respects.

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 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 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 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. 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 rent roll attached hereto as Schedule I is true, complete and correct in all material respects and neither the Property nor the Worldwide Plaza Amenities is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I. Worldwide Plaza Owner is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases at the Property and Amenities Owner is the owner and lessor of landlord’s interest in the Leases at the Worldwide Plaza Amenities. 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 and, to Borrower’s knowledge after inquiryKnowledge, there are no defaults thereunder by either party beyond any applicable notice or cure period, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete in all material respects, 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 Worldwide Plaza Owner or Amenities Owner, 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 Borrower Worldwide Plaza Owner or Amenities Owner, as applicable, to the Anchor any Tenant have has already been received by the Anchor such Tenant. The Tenants under the Leases have accepted legal possession of and are in occupancy of all of their respective demised premises, are open for business 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 which have not been applied (including accrued interest thereon), all of which are held by Worldwide Plaza Owner or Amenities Owner, as applicable, in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s Knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property or the Worldwide Plaza Amenities as of the date hereof, and no such fees or commissions will become due and payable in the future in connection with the Leases in existence as of the date hereof under existing brokerage and leasing agreements, including by reason of any extension of term or exercise of expansion rights set forth in such Lease. Other than pursuant to the Senior Loan Documents or pursuant to the Amenities Mortgages, 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 (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 thereby, nor does anyone (ii) no such Tenant holds its leased premises under assignment or sublease, and (iii) no one except the Anchor such Tenant and its employees occupy occupies 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. (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 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 Individual Properties are not subject to any Leases leases, licenses, or other possessory interests other than the Anchor Tenant Lease (Qualified Leases. Borrower or the relevant Obligor is the owner and subleases permitted under lessor of landlord's interest in the Anchor Tenant Lease)Qualified 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 LeaseQualified Leases. The Anchor Tenant Lease is Qualified Leases are in full force and effect and to Borrower’s knowledge after inquiry, 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 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 Qualified 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 Qualified Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under a Qualified Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no tenant under a Qualified Lease or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant related tenant under a Qualified Lease 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 Qualified Lease has a right or option pursuant to the Anchor Tenant Lease 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 Qualified 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 Mortgagor shall observe and perform all the obligations imposed upon the Mortgagor under any Leases other than lease of the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Real Property or right any portion thereof, and shall not do or permit to occupy be done anything which would impair the same except under and pursuant security of any such lease to the provisions Mortgagee, nor cancel or change any terms, conditions or covenants of any lease of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiryReal Property or any portion thereof without the prior written consent of the Mortgagee, there are no defaults thereunder by either party and there are no conditions that, with the passage nor execute any lease providing for payment of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid rent for 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 therebyadvance, 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 receive rent from any tenant of all or any part of the leased premises Real Property for more than one month in advance without the prior written consent of the Mortgagee. The Mortgagor agrees to hold in trust for the benefit of the Mortgagee any such advance rent in excess of one month received by the Mortgagor. The Mortgagor agrees to send to the Mortgagee any notice of default given by the Mortgagor to any lessee or occupant of the building Real Property and any notices of default received by the Mortgagor from any tenant or other occupant of the Real Property, and to give prompt written notice to the Mortgagee of any material default on the part of any tenant or other occupant of the Real Property, whether or not the Mortgagor has given notice of such condition to the tenant or occupant in default. No tenant under any lease of the Real Property which is subordinate to this Mortgage shall be entitled to terminate such tenant’s lease without giving the leased premises are Mortgagee written notice of the Mortgagor’s default under such lease and, if Mortgagor fails to cure any default within the applicable grace period, if any, contained in said lease, giving Mortgagee an additional reasonable period of time to cure such default. In no event shall the Mortgagee have any liability to any tenant or occupant for any default by Mortgagor or for the return of any security deposit given to the Mortgagor and in no event shall the Mortgagee be subject to any setoff, defense or claim which any tenant or occupant may have against the Mortgagor. Any tenant or occupant of the Real Property shall, promptly after receipt of a partrequest from the Mortgagee made at any time prior to foreclosure of this Mortgage, execute, acknowledge and deliver to the Mortgagee such instrument as the Mortgagee may reasonably request agreeing to attorn to the Mortgagee, at the election of the Mortgagee, after the foreclosure of this Mortgage. Except as disclosed The Mortgagee shall have the right to subordinate this Mortgage and its rights hereunder to any lease of the Real Property or any portion thereof which is subordinate to this Mortgage, except that the Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee’s rights to insurance proceeds and eminent domain awards in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes event of a loss or toxic substances, as defined by applicable federal, state casualty or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about eminent domain taking of 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 Mortgaged Property or any toxic portion thereof. If the Mortgagee executes and records an instrument which purports to effect a partial or hazardous chemicalcomplete subordination of this Mortgage to any lease which is subordinate to this Mortgage, materialsuch lease shall not be terminated by a foreclosure of this Mortgage, substance but any rights of the Mortgagee to insurance proceeds or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationseminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of the tenant under such lease.

Leases. The Property is To Borrower's Knowledge, the Properties are not subject to any Leases 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. 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 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 IVSCHEDULE II, 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 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 Properties are not, to Borrower’s knowledge after due inquiry, 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, to Borrower’s knowledge after due inquiry, true, complete and accurate in all material respects as of the Anchor Tenant Lease)Closing Date. No Borrower is the owner and lessor of landlord's interest in the Leases. To Borrower’s knowledge after due inquiry, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party landlord or the applicable Tenant (other than any additional rent arrearages disclosed to Lender prior to the Closing Date in any delinquency/aged receivables report) and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid to Borrower or Borrower’s predecessor-in-interest of more than one (1) month in advance of its due datedate which Borrower will be affected by or bound to from and after the Closing Date. To 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 except as set forth on Schedule 4.1.26 and has has, to Borrower’s knowledge after due inquiry, 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 by Borrower which is outstanding. To Bank of America, N.A. has not assigned or sublet its interest in the Master Lease and to Borrower’s knowledge after due inquiry, except as set forth no other 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 part other than the rights of first refusal and rights of first offer to purchase in favor of the Master Tenant as disclosed set forth in the Environmental Report Master Lease. No Tenant under any Lease has any right or option for additional space in the Improvements other than the expansion rights in favor of the Master Tenant as set forth in the Master Lease. Borrower has delivered to Lender in connection herewitha true, correct and complete copy of the Master Lease. As of the Closing Date, Master Tenant has the right to Borrower’s actual knowledgeterminate (a) not more than 6,905 square feet of premises leased pursuant to the Master Lease, which right to terminate must be exercised prior to June 30, 2023 and (b) not more than 105,016 square feet of premises leased pursuant to the Master Lease, which right to terminate may be exercised no hazardous wastes or toxic substancesearlier than January 1, 2017 but must be exercised prior to June 30, 2023. $3,000,000 is on deposit with Master Tenant as a security deposit and such security deposit satisfies the requirements of the Master Lease for any security deposit required to be delivered by the landlord thereunder. No URR Agreement (as defined by applicable federalin, 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 regulationsMaster Lease) exists.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule III attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person person has any possessory interest in any of the Property Properties or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases identified on Schedule III 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 thereunderthereunder (the foregoing representation as to defaults being to the best of Borrower's knowledge as to defaults by tenants). 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 Other than hypothecations which are no longer in effect, 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 Except as set forth in Schedule III, 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, nor does anyone except the Anchor Tenant no such tenant holds its leased premises under assignment or sublease, and its employees occupy such leased premisesall tenants are occupying their spaces. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or No tenant under any Lease has an 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 Improvements. To the best of Borrower's knowledge, other than normal and customary tenant inventory, cleaning supplies and building materials used in connection herewith, to Borrower’s actual knowledgetenant's business and in compliance with law, 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 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.