Common use of REA Clause in Contracts

REA. Borrower hereby represents and warrants to Lender with respect to the REA: (a) Borrower is a party to the REA and, to the best of Borrower’s knowledge, after due inquiry, the REA is in full force and effect and has not been amended or modified and Borrower’s interest therein has not been assigned pursuant to any assignment which survives the Closing Date except the assignment to Lender pursuant to the Loan Documents. (b) Borrower is not in default under the REA and, to the best of Borrower’s knowledge, no other party to the REA is in default thereunder and there is no existing condition which, but for the passage of time or the giving of notice or both, could result in a default under the REA. (c) To the best of Borrower’s knowledge, after due inquiry, the current addresses to which notices are sent to Borrower or any other party to the REA are correctly set forth in the REA. (d) There are no set-offs, claims, counterclaims or defenses being asserted or capable of being asserted after giving the requisite notice, if any, required under the REA or otherwise known by Borrower or any other party to the REA for the enforcement of the obligations of any party under the REA. (e) There are no Liens capable of being asserted for amounts due under the provisions of the REA which, if unpaid, may be asserted as a Lien prior to the Lien of the Security Instrument. (f) All common charges and other sums due from Borrower under the REA have been paid to the extent they are payable on or prior to the date hereof. (g) Lender is a “Mortgagee” for purposes of the REA and is entitled to all rights of a “Mortgagee” or holder of a “Mortgage” as defined in the REA.

REA. Borrower hereby represents and warrants to Lender with respect to the REA: (a) Borrower is a party to the REA and, to the best of Borrower’s knowledge, after due inquiry, and the REA is in full force and effect and has not been amended or modified and Borrower’s interest therein has not been assigned pursuant to any assignment which survives the Closing Date except the assignment to Lender pursuant to the Loan Documents. (b) Borrower is not in default under the REA and, to the best of Borrower’s knowledge, no other party to the REA is in default thereunder and there is no existing condition which, but for the passage of time or the giving of notice or both, could result in a default under the REA. (c) To the best of Borrower’s knowledge, after due inquiry, the current addresses to which notices are sent to Borrower or any other party to the REA are correctly set forth in the REA. (d) There are no set-offs, claims, counterclaims or defenses being asserted or capable of being asserted after giving the requisite notice, if any, required under the REA or otherwise known by Borrower or any other party to the REA for the enforcement of the obligations of any party under the REA. (e) There are no Liens capable of being asserted for amounts due under the provisions of the REA which, if unpaid, may be asserted as a Lien prior to the Lien of the Security Instrument. (f) All common charges and other sums due from Borrower under the REA have been paid to the extent they are payable on or prior to the date hereof. (g) Lender is a an “MortgageeInstitutional Lender” for purposes of the REA and is entitled to all rights of a an “MortgageeInstitutional Lender” or holder of a “Mortgagemortgage” as defined in the REA.

REA. Borrower hereby represents and warrants to Lender with respect to the REA: (a) Borrower is a party to the REA and, to the best of Borrower’s knowledge, after due inquiry, and the REA is in full force and effect and has not been amended or modified and Borrower’s interest therein has not been assigned pursuant to any assignment which survives the Closing Date except the assignment to Lender pursuant to the Loan Documents. (b) Borrower is not in default under the REA and, to the best of Borrower’s knowledgeActual Knowledge, no other party to the REA is in default thereunder and there is no existing condition which, but for the passage of time or the giving of notice or both, could result in a default under the REA. (c) To the best of Borrower’s knowledgeActual Knowledge, after due reasonable inquiry, the current addresses to which notices are sent to Borrower or any other party to the REA are correctly set forth in the REA. (d) There are no set-offs, claims, counterclaims or defenses being asserted or or, to Borrower’s Actual Knowledge, capable of being asserted after giving the requisite notice, if any, required under the REA or otherwise known by Borrower or any other party to the REA for the enforcement of the obligations of any party under the REA. (e) There To Borrower’s Actual Knowledge, there are no Liens capable of being asserted for amounts due under the provisions of the REA which, if unpaid, may be asserted as a Lien prior to the Lien of the Security Instrument. (f) All To Borrower’s Actual Knowledge, all common charges and other sums due from Borrower under the REA have been paid to the extent they are payable on or prior to the date hereof. (g) Lender is a “Mortgagee” for purposes of the REA and is entitled to all rights of a “Mortgagee” or holder of a “Mortgage” as defined in the REA.