Common use of Permitted Liens; Title Insurance Clause in Contracts

Permitted Liens; Title Insurance. Blue Diamond Ranch (Loan No. 7) Each of the lease agreements for Walgreen Co. and S.I. Investments INC., /d/b/a Carl’s Jr./Green Burrito (collectively, the “Tenants”), provides the Tenants with a 45-day right of first refusal to purchase the Mortgaged Property in the event that landlord subdivides the Mortgaged Property and obtains a separate assessor’s parcel number for the related leased premises and subsequently receives a bona fide offer to purchase the related leased premises during the term of the lease or any extensions thereof from any person or entity. The right of first refusal will not apply to the sale of the entire Mortgaged Property. A Subordination, Non-Disturbance and Attornment Agreement was obtained with respect to each of the Tenants. Each of the lease agreements for KFC U.S. Properties, Inc. and Domino’s Pizza LLC (collectively, the “Tenants”), provides the Tenants with a 30-day right of first refusal to purchase the related leased premises in the event that landlord receives a bona fide offer to purchase the related leased premises during the term of the lease or any extensions thereof from any person or entity. The right of first refusal will not apply to the sale of the entire Mortgaged Property. A Subordination, Non-Disturbance and Attornment Agreement was obtained with respect to each of the Tenants. EXHIBIT D-1 FORM OF CERTIFICATE OF THE SECRETARY OR AN ASSISTANT SECRETARY OF THE MORTGAGE LOAN SELLER OR LIBERTY ISLAND GROUP Exh. D-1-1 FORM OF SECRETARY’S CERTIFICATE OF LIBERTY ISLAND GROUP LLC The undersigned hereby certifies on , that he/she is the [Assistant] Secretary of Liberty Island Group LLC, a Delaware limited liability company (the “Company”), which is the sole member and administrative manager of Liberty Island Group I LLC, a Delaware limited liability company (“Mortgage Loan Seller”), and further certifies as follows on behalf of the Company in its own capacity and as administrative manager of Mortgage Loan Seller:

Permitted Liens; Title Insurance. Blue Diamond Ranch ILPT Logistics Portfolio (Loan No. 73) Each The sole tenant at each of the 0000 Xxxxxxxxxxx Xxxxxxxxxx Xxxxxxx Mortgaged Property, 0000 Xxx X. Xxxxxxx Parkway Mortgaged Property and 000 Xxxx Xxxx Road Mortgaged Property, Xxxxxx.xxx Services, Inc., has a right of first offer to purchase the applicable Mortgaged Property if the related landlord desires to offer the Mortgaged Property or any portion thereof for sale or receives a purchase offer from any third party. If the sole tenant elects not to purchase the Mortgaged Property and the related landlord takes such Mortgaged Property off of the market, then for so long as (x) the tenant under the respective lease agreements for Walgreen Co. and S.I. Investments INC.is Xxxxxx.xxx Service L.L.C., /d/b/a Carl’s Jr./Green Burrito its parent, parent affiliate or any successor by merger, or (collectivelyy) the lease guaranty provided by Xxxxxx.xxx, Inc. remains in effect, the “Tenants”), provides the Tenants with sole tenant will have a 45-day right of first refusal to purchase the applicable Mortgaged Property in the event that landlord subdivides the Mortgaged Property and obtains a separate assessor’s parcel number for upon the related leased premises and subsequently receives landlord’s receipt of a bona fide offer to purchase the related leased premises during the term of the lease or any extensions thereof applicable Mortgaged Property from any person or entityan unrelated third party. The Such right of first refusal offer and right of first do not apply to transfers (i) in connection with any debt or equity financing, pursuant to a foreclosure or deed in lieu thereof, (ii) to any affiliates of the related landlord or (iii) to any joint venture or partnership of the related landlord or any of its affiliates. The sole tenant at the 000 Xxxxx'x Xxxx Mortgaged Property, BJ’s Wholesale Club, Inc., has a right of first offer to purchase such Mortgaged Property in the event the related landlord desires to offer the Mortgaged Property for sale. Pursuant to the terms of such tenant’s lease, BJ’s Wholesale Club, Inc.'s right of first offer will not apply to the any sale or conveyance of the entire Mortgaged Property in a foreclosure sale (or similar proceeding) of a bona fide mortgage or deed of trust or to any conveyance in lieu of foreclosure of such bona fide mortgage or deed of trust. The sole tenant at the 0000 Xxxx Xxxx Xxxx Mortgaged Property. A Subordination, Non-Disturbance and Attornment Agreement was obtained with respect to each of the Tenants. Each of the lease agreements for KFC U.S. PropertiesFederal Express Corporation, Inc. and Domino’s Pizza LLC (collectively, the “Tenants”), provides the Tenants with has a 30-day right of first refusal to purchase the applicable Mortgaged Property upon the related leased premises in the event that landlord receives landlord’s receipt of a written proposal from a bona fide third party for the purchase of any part of the Mortgaged Property. The sole tenant at the 0000 Xxxxxxxxxxx Xxxxxxx Mortgaged Property, Avnet, Inc., has a right of first offer to purchase the Mortgaged Property upon the related leased premises during landlord’s intention to sell the term of the lease or any extensions thereof from any person or entity. The right of first refusal will not apply to the sale of the entire Mortgaged Property. A SubordinationAvnet, Non-Disturbance and Attornment Agreement was obtained with respect Inc. has the right to each cause the related landlord to construct expansions of the Tenants. EXHIBIT D-1 FORM OF CERTIFICATE OF THE SECRETARY OR AN ASSISTANT SECRETARY OF THE MORTGAGE LOAN SELLER OR LIBERTY ISLAND GROUP Exh. D-1-1 FORM OF SECRETARY’S CERTIFICATE OF LIBERTY ISLAND GROUP LLC The undersigned hereby certifies on , that he/she is the [Assistant] Secretary of Liberty Island Group LLC, a Delaware limited liability company (the “Company”), which is the sole member and administrative manager of Liberty Island Group I LLC, a Delaware limited liability company (“Mortgaged Representation Mortgage Loan Seller”), and further certifies as follows on behalf Description of the Company in its own capacity and as administrative manager Exception Property which expansions may consist of Mortgage Loan Seller:up to approximately 305,000 rentable square feet.

Permitted Liens; Title Insurance. Blue Diamond Ranch iStar Leased Fee Portfolio (Loan No. 711) Each The tenant at the Xxxxxxx Apartments Mortgaged Property has a right of the lease agreements for Walgreen Co. first offer and S.I. Investments INC., /d/b/a Carl’s Jr./Green Burrito (collectively, the “Tenants”), provides the Tenants with a 45-day right of first refusal with respect to purchase the Mortgaged Property in the event that landlord subdivides the Mortgaged Property and obtains a separate assessor’s parcel number for the related leased premises and subsequently receives a bona fide offer to purchase the related leased premises Property. If at any time during the term of the lease lease, the Mortgagor desires to sell the Mortgaged Property, the Mortgagor must, prior to soliciting offers for the sale of the Mortgaged Property, provide notice Representation Number on Exhibit C Mortgage Loan Name and Number as Identified on Exhibit A Description of Exception to the tenant of its intent to sell and the terms of its offer. Tenant will have 10 business days from receipt of such notice to accept the offer, and 60 calendar days from the date of acceptance to complete the sale of the Mortgaged Property. If the Mortgagor receives an offer for the purchase of 50% or any extensions thereof more of the Mortgaged Property which the Mortgagor wishes to accept, the Mortgagor will notify the tenant with the terms of such offer and tenant will have 10 calendar days from any person or entitythe date of notice to accept such offer. The Tenant’s right of first offer and right of first refusal will not apply to any transfer or other conveyance of the Mortgaged Property as part of a transfer by the Mortgagor and its affiliates of not less than three other real properties in a combined sale of the entire Mortgaged Property. A Subordination, Non-Disturbance and Attornment Agreement was obtained with respect to each of the Tenants. Each of the lease agreements for KFC U.S. Properties, Inc. and Domino’s Pizza LLC (collectively, the “Tenants”), provides the Tenants with such parcels under a 30-day right of first refusal to purchase the related leased premises in the event that landlord receives a bona fide offer to purchase the related leased premises during the term of the lease or any extensions thereof from any person or entitycontract. The tenant’s right of first refusal will also not apply to the sale any conveyance due to a condemnation, foreclosure or deed-in-lieu of the entire Mortgaged Property. A Subordination, Non-Disturbance and Attornment Agreement was obtained with respect to each of the Tenants. EXHIBIT D-1 FORM OF CERTIFICATE OF THE SECRETARY OR AN ASSISTANT SECRETARY OF THE MORTGAGE LOAN SELLER OR LIBERTY ISLAND GROUP Exh. D-1-1 FORM OF SECRETARY’S CERTIFICATE OF LIBERTY ISLAND GROUP LLC The undersigned hereby certifies on , that he/she is the [Assistant] Secretary of Liberty Island Group LLC, a Delaware limited liability company (the “Company”), which is the sole member and administrative manager of Liberty Island Group I LLC, a Delaware limited liability company (“Mortgage Loan Seller”), and further certifies as follows on behalf of the Company in its own capacity and as administrative manager of Mortgage Loan Seller:foreclosure.