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 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 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 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 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 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 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. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Leases described in Schedule I attached hereto and made a part hereof, including, without limitation, the Master Leases. Either Tower Borrower or Garage Borrower is the owner and holder of landlord’s interest in each Lease (and subleases permitted under affecting the Anchor Tenant Lease)Properties or any portion thereof. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent or Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents or the Vacant Space Rent received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE 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 Borrower has delivered to the Administrative Agent true copies of the Leases and any amendments thereto relating to each PoolUnencumbered Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll as of the date of inclusion of each Pool Property in the Pool Availability with respect to all Leases of any portion of the Pooleach Unencumbered Property has been provided (or, will be provided when required under Section 5.1(e)) to the Administrative Agent (except with respect to each PoolUnencumbered Property that is not subject leased to a single tenant under a triple-net lease, the lease has been provided to Agent in lieu of a Rent Roll). The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such PoolUnencumbered Property and in the Building relating thereto. Except as reflected on such Rent Roll or on Schedule 4.20 no tenant under any Lease is entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisescredits. Except as set forth on in Schedule IV4.20, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Pool Property in the Pool Availabilitysuch Rent Roll, in full force and effect in accordance with their respective terms, without any payment default or option pursuant any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and, except as reflected in Schedule 4.20, neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the Anchor Tenant Lease to purchase all or any part best of the leased premises knowledge and belief of the Borrower, there is no basis for any such claim or the building notice of which the leased premises are a partdefault by any tenant. Except as disclosed reflected in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeSchedule 4.20, no hazardous wastes or toxic substancesproperty, as defined by other than the PoolUnencumbered Property, which is the subject of the applicable federalLease, state or local statutesis necessary to comply with the requirements (including, rules and regulationswithout limitation, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except parking requirements) contained in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is Properties are not subject to any Leases ------ other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and made a part ----------- hereof and subleases permitted under the Anchor Tenant Lease)or assignments thereunder. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and subleases or assignments permitted thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and and, to Borrower's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All material work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiryExcept as permitted under the Permitted Leases, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises ----------- demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IVin the Leases, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no Improvements. No hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wastewaste except for any such substances used or generated by any tenant in the ordinary course of business and treated in accordance with applicable Environmental Laws ("PERMITTED MATERIALS"). Borrower shall not permit or suffer any tenant under any Permitted Lease to relocate from any Individual Property to any property owned by an Affiliate of Borrower, except without, in either eventcase, the prior written consent of Lender, in compliance with applicable federal, state or local statues, rules and regulationsits sole discretion.

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

Leases. The Property is not subject to any Leases 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 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 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. The No Individual Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. With respect to each Individual Property, the applicable Individual Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Leaseapplicable Leases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to each Individual Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by the applicable Individual Borrower in accordance with applicable law. All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each Individual Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth disclosed on Schedule IVVI hereto, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as Schedule IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 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 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 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 Property is not subject to any Leases leases other than the Anchor Tenant Lease (Comenity Lease. Borrower has delivered to Lender a true, correct and subleases permitted under complete copy of the Anchor Tenant Comenity Lease). Borrower is the owner and lessor of landlord’s interest in the Comenity Lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Comenity Lease. The Anchor Tenant Comenity Lease is in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant Comenity Lease has been performed as required and has been accepted by the Anchor TenantComenity, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have Comenity has already been received by the Anchor TenantComenity. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Comenity Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IV, the Anchor Tenant Comenity has not assigned the Anchor Tenant Comenity Lease or sublet all or any portion of the premises demised thereby, Comenity does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Comenity (including any subtenants permitted under its Lease) and its employees occupy such leased premises, other than licensees, concessionaires and similar occupants as permitted under the Comenity Lease. Except as set forth on Schedule IV, The Anchor Tenant Comenity does not have a right or option pursuant to the Anchor Tenant Comenity Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed Comenity does not have any right or option for additional existing space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

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

Leases. The Property is 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 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 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 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 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 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 Borrowers have delivered to the Agent true and complete copies of the Leases and any amendments thereto relating to each Mortgaged Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Mortgaged Property in the Collateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases previously delivered to Agent as described in the preceding sentence constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and in the Building relating thereto. No tenant under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease reflected in such Leases or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or option pursuant any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the Anchor Tenant Lease to purchase all best of the knowledge and belief of the Borrowers, there is no basis for any such claim or notice of default by any tenant which would result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the leased premises material terms under a Lease or of the building of which respective Borrower as landlord under the leased premises are a partLease. Except No security deposit or advance rental or fee payment has been made by any lessee or licensor under the Leases except as disclosed may be specifically designated in the Environmental Report delivered copies of the Leases furnished to Lender the Agent. No property other than the Mortgaged Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is 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 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. 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 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, 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 datedate (except for Rents received under the City of Atlanta Lease, which Rent is paid to Borrower on an annual basis). 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 Property and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. Each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

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

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

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

Leases. The Property is Properties are not subject to any Leases in excess of three thousand (3,000) square feet other than (a) the Anchor Tenant Lease Leases described in Schedule II attached hereto and made a part hereof, and (b) the Operating Leases. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Operating Leases and Operating Lessee is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower’s knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be performed by Borrower or Operating Lessee under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Lessee to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in To the Environmental Report delivered to Lender in connection herewith, to best of Borrower’s actual knowledge, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about option for additional space in the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. 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 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 leases other than the Anchor Tenant Operating Lease (and subleases permitted under the Anchor Tenant Lease)Leases listed on Schedule I attached hereto and made a part hereof, which list is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower or Operating Company is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseOperating Lease and the Lease (the foregoing does not include transient hotel guests or attendees of banquet events). The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to the knowledge of Borrower, Mortgage Borrower, Senior Mezzanine Borrower and their respective Affiliates (including without limitation, Affiliated Manager), there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Mortgage Borrower or Operating Company in accordance with applicable law. All work to be performed by Mortgage Borrower or Operating Company under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Operating Company to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth on Schedule I hereto, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Operating Lease (and subleases permitted under the Anchor Tenant Lease)Leases listed on Schedule I attached hereto and made a part hereof, which list is true, complete and accurate in all respects as of the Closing Date. Borrower or Operating Company is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseOperating Lease and the Lease (the foregoing does not include transient hotel guests or attendees of banquet events). The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to the knowledge of Borrower and its Affiliates (including without limitation, Affiliated Manager), there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower or Operating Company in accordance with applicable law. All work to be performed by Borrower or Operating Company under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Company to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth on Schedule I hereto, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases of any portion of the Unencumbered Asset Pool are, as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises Leases, and to the knowledge of the Borrower and the Guarantors there is no basis for any such claim or notice of material default by tenant or licensee. No property other than the building Unencumbered Asset Pool Property which is the subject of which the leased premises are applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Lease. The Borrower or a part. Except as disclosed Subsidiary Guarantor is the holder of the lessor’s, landlord’s or licensor’s interest in and to all of the Leases of the Unencumbered Asset Pool Properties owned by it, except that both a Subsidiary Guarantor and Borrower hold the lessor’s, landlord’s or licensor’s interests in the Environmental Report delivered to Lender agreements described in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge definition of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except “Nokia Agreement” in either event, in compliance with applicable federal, state or local statues, rules and regulations§1.1.

Leases. The 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 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 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 Leases and the Operating Lease. The Anchor Tenant current Leases and the Operating Lease is 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 and the Operating Lease delivered to Lender are true and complete, and there are no oral agreements with Borrower or Operating Tenant 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 the landlord/lessor under each Lease and the Anchor Tenant Operating 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 the landlord/lessor 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 any Lease or the Anchor Tenant Operating Lease or of the Rents received therein which that 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 or Operating Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such tenant or Operating 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 or the Operating 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 or the Operating Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best of Borrower’s actual knowledge, no hazardous wastes or toxic substances, Operating Tenant is a Taxable REIT Subsidiary as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about in Section 856(l) 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 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 regulationsCode.

Leases. The No Individual Property is not subject to any Leases leases other than the Anchor Tenant Lease Leases in respect of such Individual Property that are described in the Certificate of Rent Roll. To Borrower’s knowledge, except as otherwise disclosed on the Certificate of Rent Roll and except for discrepancies which, either individually or in the aggregate would not have an Individual Material Adverse Effect in respect of any Individual Property nor have an Aggregate Material Adverse Effect, the rent roll attached to the Certificate of Rent Roll is true, complete and accurate in all respects as of the date of such rent roll. In respect of each Individual Property, (i) Mortgage Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease). No Leases in respect to such Individual Property and (ii) no Person has any possessory interest in the such Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases or any Permitted Encumbrances. The Anchor Tenant Lease is To Borrower’s knowledge, except as otherwise disclosed on the Certificate of Rent Roll, the current Leases are in full force and effect effect. None of Manager, Borrower, Mortgage Borrower, Guarantor or any Affiliate of Guarantor has received written notice that Mortgage Borrower (or Mortgage Borrower’s predecessor-in-interest) is in default under any Lease except for violations or defaults (A) that have been cured or (B) that do not, in the aggregate in respect of any Individual Property, have an Individual Material Adverse Effect on such Individual Property. Except (1) as set forth in the tenant estoppels delivered by Borrower to Lender on or prior to the Closing Date or in the Certificate of Rent Roll and (2) if the same, either individually or in the aggregate, would not have an Individual Material Adverse Effect in respect of any Individual Property nor have an Aggregate Material Adverse Effect, as of the Closing Date, (a) none of Manager, Borrower, Mortgage Borrower (or Mortgage Borrower’s predecessor-in-interest), Guarantor or any Affiliate of Guarantor has delivered a written notice to a Tenant at any Individual Property that it is in default under its Lease (other than notices relating to defaults that have been cured by such tenant) and no Tenant is in monetary or, to Borrower’s knowledge after inquiryactual knowledge, there material non-monetary default under its Lease, (b) all security deposits in respect of each Individual Property are held by Mortgage Borrower in accordance with applicable law, (c) except as otherwise disclosed on Schedule X hereto, 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 by any Tenant at any Individual Property more than one (1) month in advance of its due date. To best of Borrower’s knowledge, and (d) all work to be performed by Mortgage Borrower under the Anchor Tenant each Lease in respect of each Individual Property 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 applicable Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge As of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryClosing Date, except as set forth otherwise disclosed on Schedule IVXI hereto, the Anchor no 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 its Lease or otherwise to purchase all or any part of the leased premises or the building of Individual Property to which the leased premises are a partsuch Lease relates. Except as disclosed if the same, either individually or in the Environmental Report delivered to Lender aggregate, would not have an Individual Material Adverse Effect in connection herewithrespect of any Individual Property nor have an Aggregate Material Adverse Effect and except as otherwise disclosed on Schedule XV hereto, to Borrower’s actual knowledgeas of the Closing Date, no hazardous wastes Tenant has a right or toxic substancesoption pursuant to its Lease or otherwise to terminate such Lease prior to the scheduled expiration date thereof, as defined by applicable federal, state other than any such right or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about option that is conditional upon the leased premises occurrence of certain events of circumstances. Neither Borrower nor does Mortgage Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity whichhas, directly or indirectly, involves voluntarily or involuntarily, by operation of law or otherwise, assigned, transferred, encumbered, hypothecated, pledged or granted a security interest in any of the useLeases or its interest therein, generationother than pursuant to the Loan Documents. The organizational identification number of Centro NP Senior Mezz Holding, treatmentLLC is 4847021, storageand the organizational identification number of Centro NP New Garden Mezz 1, 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 regulationsLLC is 4846514.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule II hereto. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVII, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable federalIndividual Property or each tenant’s respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any Leases other than the Anchor Ground Lease. Borrower has delivered to Lender a true, correct and complete list of the Ground Tenant Lease Subleases and Ground Tenant’s Sub-Tenants (and subleases permitted under to Borrower’s knowledge, certain prospective Ground Tenant’s Sub-Tenants who are in various stages of space lease negotiations with Ground Tenant) as of the Anchor Tenant date of this Agreement. Borrower is the owner and lessor of landlord’s interest in the Ground 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 Ground Lease and any Ground Tenant LeaseSubleases. The Anchor Tenant Ground Lease is 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 Ground Lease delivered to Lender is 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 datedate under the Ground Lease. To best of Borrower’s knowledge, all All work to be performed by Borrower (if any) under the Anchor Tenant Ground Lease has been performed as required and has been accepted by the Anchor Ground 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 Ground Tenant under the Anchor Tenant have Ground Lease has already been received by Ground Tenant. The Ground Tenant under the Anchor TenantGround Lease have accepted possession of and are in occupancy of all of its demised premises and have commenced the payment of full, unabated rent under the Ground Lease. Borrower has delivered to Lender a true, correct and complete description of the security deposit, if any, made by Ground Tenant under the Ground Lease. Ground Tenant is free from bankruptcy or reorganization proceedings. Except for Ground Tenant under the Ground Lease, 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 Ground Lease, 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 Ground lease, including by reason of any extension of such Ground 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 Borrower’s interest under the Anchor Tenant Ground Lease or of Borrower’s interest in 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 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 Ground Tenant does not have a right or option pursuant to the Anchor Tenant Ground Lease or otherwise to purchase all or any part of the leased demised 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 Each rent roll attached hereto as SCHEDULE I is true, complete and correct in all material respects and no Individual Property is not subject to any Leases other than the Anchor Tenant 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 Lease. SCHEDULE I. The Anchor Tenant Lease is Leases identified on SCHEDULE I are in full force and effect and effect, there are no defaults under any Major Lease by either party and, with respect to any Leases that are not Major Leases, to Borrower’s knowledge after inquiry's best knowledge, there are no defaults thereunder by either party party. 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 work to be performed by any 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 The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of rent under the Leases. Each Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the applicable Individual Property which have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of which are held by the applicable 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 Borrower’s knowledge after inquiry's best knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. To Borrower's best knowledge, no Tenant under any Lease is in default under the terms and conditions of such Lease. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower, except as set forth may be otherwise disclosed on Schedule IVSCHEDULE I. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the Anchor Tenant leasing of space at any Individual 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, writing. There are no violations of any exclusivity or co-tenancy covenants which are contained in compliance with applicable federal, state any Lease covering 5,000 or local statues, rules and regulationsmore square feet at any Individual Property.

Leases. The Borrower has delivered to the Agent true copies of the leases and any amendments thereto relating to each Subject Property and each property which is not subject encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents. An accurate and complete Rent Roll as of the date of inclusion of Equity Interests relating to each Subject Property in the Collateral with respect to all leases of any portion of the Subject Property has been provided to the Agent. The leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such property and in the Building relating thereto. Except as specifically described in the Tenant Estoppel Certificate relating to the lease applicable to each Subject Property and each property which is encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents (and which estoppel is approved by Agent): (i) no tenant under any such lease is entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent payments, credit, offset or deduction in rent, including, without limitation, lease support payments or lease buy-outs, and (ii) each of such Leases is in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder. Neither the Borrower nor any Guarantor has given or made, any notice of any payment or other paymentsmaterial default, creditsor any claim, allowances which remains uncured or abatements required unsatisfied, with respect to be given by Borrower any of the leases, and to the Anchor Tenant have already been received best of the knowledge and belief of the Borrower and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant. No property other than the Subject Property or the real estate encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value, which is the subject of the applicable lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such lease, other than appurtenant rights and interests insured by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrowerowner’s knowledge after inquiry, except title insurance policy delivered as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsEligible Real Estate Qualification Documents.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is To Borrower’s Knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. To Borrower’s Knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described 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 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 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 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 DynCorp 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 inquiryExcept for a sublease for approximately 1,000 square feet at the Property entered into by and between DynCorp, except as set forth on Schedule IVsublessor, the Anchor Tenant and ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇, DBA Centre Convenience, as sublessee, (i) DynCorp has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby and (ii) no one, nor does anyone except the Anchor Tenant DynCorp and its such sublessee and their respective employees occupy occupies such leased premises. Except as set forth on Schedule IV, The Anchor Tenant DynCorp 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 DynCorp 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 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 Property is not subject to any Leases other than Operating Lessees are the Anchor Tenant Lease (and subleases permitted lessors under the Anchor Tenant Lease)Leases as indicated in Schedule 6.25. No Person (other than hotel guests) other than with respect to Permitted Liens has any possessory interest in the any Collateral Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases, the Vinoy Marina Ground Lease (with respect to the Vinoy Ground Lessor prior to the Vinoy Marina Lease Transfer) and Management Agreements. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party any Borrower or, to the best of each Borrower’s knowledge, any tenant under any Major Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Major Lease. No With respect to the Major Leases,no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by any Borrower under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Major Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premisespremises other than with respect to Permitted Liens. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant Lease suchLease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partCollateral Property. Except as disclosed set forth in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeMajor Leases, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have option for additional space in any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsCollateral Property.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described 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 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 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 To Borrower’s knowledge, no Individual Property is not subject to any Leases Material Lease other than the Anchor Tenant Lease Material Lease(s) described on Schedule 5.1.21 attached hereto and made a part hereof and, to Borrower’s knowledge, each rent roll with respect to an Individual Property attached hereto as Schedule 4.1.26 is true, complete and accurate in all material respects as of the Closing Date. Each Individual Borrower or the corresponding Individual Operating Lessee is the owner and lessor of landlord’s interest in the Leases with respect to the applicable Individual Property. To Borrower’s knowledge, (i) with the exception of hotel guests and subleases permitted under the Anchor Tenant Lease). No patrons, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Material Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by Borrower has not received or delivered written notice that either party is in default under a Material Lease except for (A) defaults which have been cured and there are no conditions that(B) defaults that do not, with in the passage of time aggregate for any Individual Property, have an Individual Material Adverse Effect on such Individual Property or the giving of notice, or both, would constitute defaults thereundersuch Individual Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (except with respect to provision of rooms and banquet and meeting space and services in the ordinary course of business). To best of Borrower’s knowledge, all All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Material Lease has been performed as required in all material respects and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryknowledge, except as set forth described on Schedule IV4.1.26, the Anchor no Tenant under a Material Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed part and no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

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

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

Leases. The Property is Properties are not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule II and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)date hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. All security deposits are held by Borrower in accordance with applicable law. To best of Borrower’s knowledgeactual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable Tenant , and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein (other than sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the Tenants under the Leases). To Borrower’s actual knowledge after inquiry, and except as set forth indicated on Schedule IVII, the Anchor no Tenant listed on Schedule II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth listed on Schedule IVVII hereof, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Master Leases and subleases permitted under any other Leases described on Schedule II attached hereto and made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by such tenant. Except pursuant to the Anchor Tenant. There Loan Documents, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth No Master Tenant or other tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no Master Tenant or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor related Master Tenant or such other tenant and its employees occupy such leased premises. Except No tenant under any Lease (other than American Multi-Cinema, Inc., as set forth on Schedule IV, The Anchor Tenant does not have to its rights of first offer and rights of first refusal pursuant to the Master Leases under which it is the Master Tenant) has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of Mezzanine Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Mezzanine Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Borrower has delivered to the Agent true copies of the Leases and any amendments thereto relating to each Collateral Pool Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date of the Fourth Amendment. An accurate and complete Rent Roll as of the date of inclusion of the applicable Real Estate as a Collateral Pool Property with respect to all Leases of any portion of the Collateral Pool 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 Collateral Pool 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 abatement, 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 attached hereto, The Anchor Tenant does not have the Leases reflected therein are, as of the date of inclusion of the applicable Real Estate as a right Collateral Pool Property, 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 attached hereto, as of the date of inclusion of such Real Estate as a Collateral Pool Property, neither Borrower nor any Subsidiary 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 or knowledge and belief of the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewithBorrower, to Borrower’s actual knowledge, there is 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 basis for any activity whichsuch claim or notice of default by any tenant. No property other than the Collateral Pool Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, directly or indirectlywithout limitation, involves parking requirements) contained in such Lease. The Borrower has complied with the use, generation, treatment, storage, disposal or transportation terms and conditions 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 regulationsSection 5(c) of the Cash Collateral Agreement.

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 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 made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Fee Owner is the lessor under the Anchor Tenant Operating Lease and Operating Lessee is the lessee under the Operating Lease). Operating Lessee 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 Mortgaged Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under Leases described in the Anchor Tenant Lease)rent roll delivered to Mortgagee in connection with this Mortgage. No Person 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 Leases or any of the Permitted Exceptions. As of the date hereof, (i) the Mortgagor is the owner and holder of the landlord's interest under each Lease. The Anchor Tenant ; (ii) there are no prior assignments of any Lease or any portion of Rents which are presently outstanding and have priority over the Assignment of Leases and Rents (the "Assignment of Leases and Rents"), dated the date hereof, given by Mortgagor to Mortgagee and intended to be duly recorded; (iii) no Lease has been modified or amended and all Leases are in full force and effect, except as disclosed to Mortgagee in writing on the date hereof; (iv) each Lease is in full force and effect effect; (v) neither Mortgagor nor any tenant under any Lease is in default under any of the terms, covenants or provisions of the Lease, and to Borrower’s knowledge after inquiryMortgagor knows of no event which, there are no defaults thereunder by either party and there are no conditions that, with but for the passage of time or the giving of notice, notice or both, would constitute defaults thereunder. No Rent an event of default under any Lease; (including security depositsvi) has there are no offsets or defenses to the payment of any portion of the Rents; (vii) all Rents due and payable under each Lease have been paid in full and no said Rents have been paid more than one (1) month in advance of its the due date. To dates thereof; (viii) Mortgagor has not received any notice that any tenant of the Mortgaged Property intends to vacate their respective demised premises or otherwise cease operating at the Mortgaged Property and Mortgagor has no knowledge that any of the tenants of the Mortgaged Property intend to vacate their respective demised premises or otherwise cease operating at the Mortgaged Property; and (viii) none of the Leases at the Mortgaged Property are subject to any actions, whether voluntary or otherwise, against the tenants thereunder under the bankruptcy or insolvency laws of the United States or any state and to the 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 Mortgagor's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, such actions 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 regulationsthreatened.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Master Leases and subleases permitted under any other Leases described on Schedule II attached hereto and made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by 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 No tenant under any Lease (other than American Multi-Cinema, Inc., as set forth on Schedule IV, The Anchor Tenant does not have to its rights of first offer and rights of first refusal pursuant to the Master Leases under which it is the Master Tenant) has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of 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, -38- 42 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 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 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 arc a part. Except as disclosed set forth in SCHEDULE II. no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than (a) the Anchor Tenant Lease Ground Leases and (b) the Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best All security deposits are held by Borrower in accordance with applicable law. Except as otherwise set forth in any estoppels and/or subordination, non-disturbance and attornment agreements delivered to Lender in connection with the closing of Borrower’s knowledgethe Loan, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property (a) Section 4.9(a) of the Disclosure Schedule sets forth a true, correct and complete list of all leases, subleases, licenses or other agreements (the “Leases”) for the use and occupancy of real property to which any Seller Entity is not subject to any Leases other than a party (the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease“Leased Real Property”). No Person has any possessory interest True, correct and complete copies of all Leases and all amendments, modifications and supplemental agreements thereto have previously been delivered to Parent. The term and rentals of each Lease are accurately set forth therein. The Leases are in full force and effect, and are binding and enforceable against each Seller Entity and, to the knowledge of the Seller, each of the parties thereto, in accordance with their respective terms and, except as set forth on Section 4.9(a) of the Disclosure Schedule, have not been modified or amended. The Seller Entities have accepted possession of the Leased Real Property or right to occupy the same except under and demised pursuant to the provisions Leases and are in actual possession thereof and have not sublet, assigned, encumbered or hypothecated their leasehold interest or granted any right of occupancy, possession or enjoyment of any of the Anchor Tenant Leased Real Property to any other Person. Except as set forth in Section 4.9(a) of the Disclosure Schedule, no Seller Entity is obligated to pay any leasing or brokerage commission relating to any Lease that has not already been paid and none will have any obligation to pay any leasing or brokerage commission upon the renewal of any Lease. The Anchor Tenant No construction, alteration or other leasehold improvement work required by any of the Leases remains to be paid for or to be performed by any Seller Entity. No Seller Entity has any obligation to provide any deposits, letters of credit or other credit enhancements to retain its rights under any Lease (except as otherwise provided in such Lease) or otherwise operate its business at the applicable Leased Real Property. (b) Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. To Seller’s Knowledge, (i) there are no material eminent domain, condemnation or other similar proceedings pending or threatened against any Seller Entity or otherwise affecting any portion of the Leased Real Property, and, no Seller Entity has received any notice of the same, (ii) the current use of the Leased Real Property in the conduct of the Business does not violate any instrument of record or agreement affecting the Leased Real Property, and there is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over the Leased Real Property, or the use or occupancy thereof, except for such violations as would not materially interfere with the continued use and operations of the Leased Real Property to which they relate or materially adversely affect the value thereof for its current use, (iii) the Leased Real Property is in material compliance with all applicable building, zoning, subdivision, health and safety and other land use and similar applicable laws, rules and regulations affecting the Leased Real Property, and no Seller Entity has received any notice of any material violation or claimed material violation by any of them of any such laws, rules and regulations with respect to the Leased Real Property which have not been resolved, (iv) there are no proposed special assessments, or proposed material changes in property tax or land use or other Laws affecting the Leased Real Property, (v) there is no pending or threatened litigation, investigation or other proceeding that would interfere with the use or quiet enjoyment of the Leased Real Property by a Seller Entity prior to or after the Closing, (vi) all Permits required in connection with the operation of the Leased Real Property and all improvements thereon and the conduct of the Business thereon have been duly obtained, are in full force and effect and no proceedings are pending or threatened which could lead to Borrower’s knowledge after inquirya revocation or other impairment of any thereof, there (vii) the water, gas, electricity and other utilities serving the Leased Real Property are no defaults thereunder by either party and there are no conditions that, with adequate to service the passage normal operations of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under applicable Seller Entity at the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor TenantLeased Real Property, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or (viii) the building of which and other improvements at the leased premises Leased Real Property are a part. Except as disclosed structurally sound and the systems located therein are in the Environmental Report delivered to Lender good working order and condition in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsall material respects.

Leases. The Property is 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 Individual Properties are not subject to any Leases leases, licenses, or other possessory interests other than the Anchor Tenant Lease (Qualified Leases. Borrower 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, lv 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 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 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, waste except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe Legal Requirements.

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 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 and any subleases, licenses, assignments or occupancy agreements thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Mortgage Borrower prior to the Closing Date 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 abatements, except as expressly set forth in such Leases, required to be given by Mortgage Borrower to any tenant prior to the Anchor Tenant have Closing Date 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 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 tenant holds its leased premises under assignment, nor nor, to Borrower’s knowledge, does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have 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 Mortgaged Property is not subject to any Leases demising any portion of the Mortgaged Property other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Existing Leases. 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 LeaseExisting Leases and the Ground Lease (with respect to the Ground Lease Parcel) or other Permitted Encumbrances. The Anchor Tenant Lease Each of Borrower and Leasehold Holder is in full force compliance in all material respects with its obligations under each of the Existing Leases and effect the Ground Lease, as applicable. There are no material defaults under the Permitted Encumbrances by Borrower or Leasehold Holder, or to the Knowledge of the Loan Parties any other Person, and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and the Knowledge of the Loan Parties 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 All construction and other obligations of its due date. To best of Borrower’s knowledge, all work a material nature to be performed by the Borrower or Leasehold Holder under the Anchor Tenant Ground Lease has and the Permitted Encumbrances either have been performed as required and has been accepted satisfied or are reasonably capable of being satisfied without undue expense in accordance with the provisions of the Ground Lease or the subject Permitted Encumbrance. Any payments by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent Borrower or other payments, credits, allowances or abatements required to be given by Borrower Leasehold Holder due to the Anchor Tenant have already been received by other parties to the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Ground Lease or of Permitted Encumbrances for tenant improvements, infrastructure or land development have been made to the Rents received therein which is outstandingextent then required. To Borrower’s knowledge after inquiryNo Person party to any Approved Lease, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Ground Lease or sublet all any Permitted Encumbrance is entitled to any material offsets, abatements or any portion of deductions against the premises demised thereby, nor does anyone except Rent payable thereunder from and after 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 regulationsEffective Date.

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. (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 Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Lease. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Leases. No Person (other than hotel guests) has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Management Agreement. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant's respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. (a) The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule I hereto. ▇▇▇▇▇▇▇▇ is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVI, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant’s respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Report.

Leases. The Property (a) Section 4.9(a) of the Disclosure Schedule sets forth a true, correct and complete list of all leases, subleases, licenses or other agreements (the "Leases") for the use and occupancy of real property to which any Seller Entity is not subject to any Leases other than a party (the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease"Leased Real Property"). No Person has any possessory interest True, correct and complete copies of all Leases and all amendments, modifications and supplemental agreements thereto have previously been delivered to Parent. The term and rentals of each Lease are accurately set forth therein. The Leases are in full force and effect, and are binding and enforceable against each Seller Entity and, to the knowledge of the Seller, each of the parties thereto, in accordance with their respective terms and, except as set forth on Section 4.9(a) of the Disclosure Schedule, have not been modified or amended. The Seller Entities have accepted possession of the Leased Real Property or right to occupy the same except under and demised pursuant to the provisions Leases and are in actual possession thereof and have not sublet, assigned, encumbered or hypothecated their leasehold interest or granted any right of occupancy, possession or enjoyment of any of the Anchor Tenant Leased Real Property to any other Person. No Seller Entity is obligated to pay any leasing or brokerage commission relating to any Lease that has not already been paid and none will have any obligation to pay any leasing or brokerage commission upon the renewal of any Lease. The Anchor Tenant Except as disclosed in Section 4.9(a) of the Disclosure Schedule, no construction, alteration or other leasehold improvement work required by any of the Leases remains to be paid for or to be performed by any Seller Entity. No Seller Entity has any obligation to provide any deposits, letters of credit or other credit enhancements to retain its rights under any Lease (except as otherwise provided in such Lease) or otherwise operate its business at the applicable Leased Real Property. (b) Except as set forth in Section 4.9(b) of the Disclosure Schedule, each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. To Sellers' Knowledge except as set forth in Section 4.9(b), (i) there are no material eminent domain, condemnation or other similar proceedings pending or threatened against any Seller Entity or otherwise affecting any portion of the Leased Real Property, and, no Seller Entity has received any notice of the same, (ii) the current use of the Leased Real Property in the conduct of the Business does not violate any instrument of record or agreement affecting the Leased Real Property, and there is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over the Leased Real Property, or the use or occupancy thereof, except for such violations as would not materially interfere with the continued use and operations of the Leased Real Property to which they relate or materially adversely affect the value thereof for its current use, (iii) the Leased Real Property is in material compliance with all applicable building, zoning, subdivision, health and safety and other land use and similar applicable laws, rules and regulations affecting the Leased Real Property, and no Seller Entity has received any notice of any material violation or claimed material violation by any of them of any such laws, rules and regulations with respect to the Leased Real Property which have not been resolved, (iv) as of the date hereof, there are no proposed special assessments, or proposed material changes in property tax or land use or other Laws affecting the Leased Real Property, (v) there is no pending or threatened litigation, investigation or other proceeding that would interfere with the use or quiet enjoyment of the Leased Real Property by a Seller Entity prior to or after the Closing, (vi) all Permits required in connection with the operation of the Leased Real Property and all improvements thereon and the conduct of the Business thereon have been duly obtained, are in full force and effect and no proceedings are pending or threatened which could lead to Borrower’s knowledge after inquirya revocation or other impairment of any thereof, there (vii) the water, gas, electricity and other utilities serving the Leased Real Property are no defaults thereunder by either party and there are no conditions that, with adequate to service the passage normal operations of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under applicable Seller Entity at the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor TenantLeased Real Property, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or (viii) the building of which and other improvements at the leased premises Leased Real Property are a part. Except as disclosed structurally sound and the systems located therein are in the Environmental Report delivered to Lender good working order and condition in connection herewithall material respects, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules ordinary wear 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 regulationstear excepted.

Leases. The Property is Properties are not subject to any Leases covering 3000 square feet or more. Each Borrower or IDOT Guarantor, as applicable, is an owner and lessor of landlord’s interest under an Operating Lease. Each Operating Lease is absolutely and unconditionally subordinate to the liens, security interests and other than the Anchor Tenant Lease (and subleases permitted rights of Lender under the Anchor Tenant Lease)Loan Documents. 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 the Operating Leases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with any Borrower, or IDOT Guarantor, or Operating Tenant 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 or IDOT Guarantor, as applicable, 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 or IDOT Guarantor, 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 outstandingstill in effect. To Borrower’s knowledge after inquiry, 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 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 (Daimler Lease. Borrower has delivered to Lender a true, correct and subleases permitted under complete copy of the Anchor Tenant Daimler Lease). Borrower is the owner and lessor of landlord’s interest in the Daimler 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 Daimler Lease. The Anchor Tenant Daimler 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 Daimler Lease has been performed as required and has been accepted by the Anchor TenantDaimler, 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 Daimler has already been received by the Anchor TenantDaimler. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Daimler 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 Daimler has not assigned the Anchor Tenant Daimler Lease or sublet all or any portion of the premises demised thereby, Daimler does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Daimler (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 Daimler Lease. Except as set forth on Schedule IV, The Anchor Tenant Daimler does not have a right or option pursuant to the Anchor Tenant Daimler 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 Daimler 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 To the best of Borrower’s knowledge, the Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. No Borrower is the owner and lessor of landlord’s interest in the Leases. To the best of Borrower’s knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as set forth in the estoppels delivered in connection with the closing of the Loan, to the best of Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Except as set forth in the estoppels delivered in connection with the closing of the Loan, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To All security deposits are held by Borrower in accordance with applicable law. Except as set forth in the estoppels delivered in connection with the closing of the Loan, to the best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except Except as set forth in the estoppels, to the best of Borrower’s knowledge, no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVin the estoppels delivered in connection with the closing of the Loan and/or the Title Insurance Policy, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

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