Common use of Rebuildability Clause in Contracts

Rebuildability. If Property involves legal non-conforming use, confirms that, in the event of casualty, the Property may be rebuilt substantially in its current form (i.e., no loss of square footage, same building footprint) upon satisfaction of stated conditions and/or limitations. • Subdivision Endorsement. • Doing Business Endorsement. • Deletion of Arbitration Endorsement. • Separate Tax Lot Endorsement. • Street Address Endorsement • Contiguity Endorsement. • Variable Rate Endorsement. • Mortgage Recording Tax Endorsement. • Any of the following endorsements customary in the state in which the Property is located or as required by the nature of the transaction: Tie-In Endorsement for Multiple Policies Mortgage Assignment Endorsement First Loss / Last Dollar Endorsement Non-Imputation Endorsement Blanket Un-located Easements Endorsement Closure Endorsement The survey shall contain the following: • The legal description of the Property; • The courses and measured distances of the exterior boundary lines of the Property and the identification of owners of abutting parcels; • The total acreage of the Property to the nearest tenth of an acre; • The location of any existing improvements, the dimensions thereof at the ground surface level and their relationship to the facing exterior property lines, streets and set-back lines of the Property; • The location, lines and widths of adjoining publicly dedicated and accepted streets showing the number and location of existing curb cuts, driveways, and fences; • The location and dimensions of encroachments, if any, upon the Property; • The location of all set-back lines, restrictions of record, other restrictions established by zoning or building code ordinance, utilities, easements, rights-of-way and other matters affecting title to the Property which are to be shown in Schedule B-2 of the Title Policy identifying each by reference to its recording data, where applicable; • Evidence that adequate means of ingress and egress to and from the Property exist and that the Property does not serve any adjoining property for ingress, egress or any other purpose; • If the Property is described as being on a recorded map or plat, a legend relating the survey to such map or plat; • The street address of the Property; • Parking areas at the Property and, if striped, the striping and type (e.g., handicapped, motorcycle, regular, etc.) and number of parking spaces at the Property; • A statement as to whether the Property is located in a special flood or mudslide hazard area as determined by a review of a stated and identified Flood Hazard Boundary Map published by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development; • A vicinity map showing the property in reference to nearby highways or major street intersections. • The exterior dimensions of all buildings at ground level and the square footage of the exterior footprint of all buildings, or gross floor area of all buildings, at ground level. • The location of utilities serving or existing on the property as evidenced by on-site observation or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the source of information) (for example) • railroad tracks and sidings; • manholes, catch basins, valve vaults or other surface indications of subterranean uses; • wire and cables (including their function) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and • utility company installations on the surveyed premises. • A certificate in substantially the following form: The undersigned being a registered surveyor of the State of [State] hereby certifies to DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent on behalf of the Lenders (party to that certain Amended and Restated Loan and Security Agreement, dated as of , 2011, as may be amended or otherwise modified from time to time), [NAME OF BORROWING ENTITY] and [INSERT NAME OF TITLE COMPANY], and each of their respective successors and assigns, as of the date below, as follows: This print of survey actually was made on the ground on [INSERT DATE SURVEY WAS MADE] in accordance with the “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” jointly established and adopted by American Land Title Association (“ALTA”) and American Congress on Surveying & Mapping (“ACSM”) and National Society of Professional Surveyors (“NSPS”) in 1999, contains Items 1, 2, 3, 4, 6, 7(a), 7(b)(1), 8, 9, 10, 11, 13, 14 and 16 of Table A thereto, and correctly shows: (i) a fixed and determinable position and location of the land described herein (together with the buildings and improvements thereon, the “Mortgaged Property”), including the position of the point of beginning; (ii) the location of all buildings, structures and other improvements situated on the land; (iii) all driveways or other curb cuts along any street or alley upon which the land abuts; (iv) the location and name of all public and private streets or alleys located thereon or adjacent thereto, all of which are public unless otherwise noted; (v) the location, dimension and recording data of all easements, rights-of-way and other matters of record thereon or with respect to which the undersigned has knowledge; (vi) the location and dimension of all unrecorded easements, paths, rights-of-way and party walls to the extent visible thereon or with respect to which the undersigned has knowledge; (vii) the location of applicable building restriction and setback lines required by local ordinances and regulations; and (viii) the location of all encroachments or overhangs onto or from the Mortgaged Property. Except as shown on this survey, there are no visible discrepancies, conflicts, shortages in area or boundary line conflicts. Except as shown on the survey, the Mortgaged Property does not serve any adjoining property for drainage, utilities or ingress or egress. The Mortgaged Property has access to and from a duly dedicated and accepted public roadway. This survey reflects boundary lines of the land, which “close” by engineering calculations. All utility services to the Mortgaged Property either enter the Mortgaged Property through adjoining public streets, or this survey shows the point of entry and location of any utilities which pass through or are located on adjoining private land to the extent visible or known to the undersigned. The Mortgaged Property does not lie within an area designated as a flood hazard area by any map or publication of the U.S. Department of Housing and Urban Development or the Federal Emergency Management Agency. The Mortgaged Property and only the Mortgaged Property constitutes one tax lot. All zoning use and density classifications are properly shown hereon. The undersigned has received and examined a copy of the Commitment for Title Insurance No. , dated , issued by , with respect to the Mortgaged Property, as well as a copy of each instrument listed therein. The location of each exception set forth in such Commitment, to the extent it can be located, has (with recording reference and reference to the exception number of the Commitment) been shown hereon. The undersigned further certifies that this survey meets the Accuracy Standards (as adopted by ALTA, ACSM and NSPS and in effect on the date of this certification) and [SELECT ONE OF THE FOLLOWING TWO PHRASES]: [the Positional Uncertainties resulting from the survey measurements made on the survey do not exceed the allowable Positional Tolerance.] [the survey measurements were made in accordance with the “Minimum Angel, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys.”] Date: [seal]]

Rebuildability. If Property involves legal non-conforming use, confirms that, in the event of casualty, the Property may be rebuilt substantially in its current form (i.e., no loss of square footage, same building footprint) upon satisfaction of stated conditions and/or limitations. • Subdivision Endorsement. • Doing Business Endorsement. • Deletion of Arbitration Endorsement. • Separate Tax Lot Endorsement. • Street Address Endorsement • Endorsement. Contiguity Endorsement. • Variable Rate Endorsement. • Mortgage Recording Tax Endorsement. • Any of the following endorsements customary in the state in which the Property is located or as required by the nature of the transaction: Tie-In Endorsement for Multiple Policies Mortgage Assignment Endorsement First Loss / Last Dollar Endorsement Non-Imputation Endorsement Blanket Un-located Easements Endorsement Closure Endorsement The survey shall contain the following: • The legal description of the Property; • The courses and measured distances of the exterior boundary lines of the Property and the identification of owners of abutting parcels; • The total acreage of the Property to the nearest tenth of an acre; • The location of any existing improvements, the dimensions thereof at the ground surface level and their relationship to the facing exterior property lines, streets and set-back lines of the Property; • The location, lines and widths of adjoining publicly dedicated and accepted streets showing the number and location of existing curb cuts, driveways, and fences; • The location and dimensions of encroachments, if any, upon the Property; • The location of all set-back lines, restrictions of record, other restrictions established by zoning or building code ordinance, utilities, easements, rights-of-way and other matters affecting title to the Property which are to be shown in Schedule B-2 of the Title Policy identifying each by reference to its recording data, where applicable; • Evidence that adequate means of ingress and egress to and from the Property exist and that the Property does not serve any adjoining property for ingress, egress or any other purpose; • If the Property is described as being on a recorded map or plat, a legend relating the survey to such map or plat; • The street address of the Property; • Parking areas at the Property and, if striped, the striping and type (e.g., handicapped, motorcycle, regular, etc.) and number of parking spaces at the Property; • A statement as to whether the Property is located in a special flood or mudslide hazard area as determined by a review of a stated and identified Flood Hazard Boundary Map published by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development; • A vicinity map showing the property in reference to nearby highways or major street intersections. • The exterior dimensions of all buildings at ground level and the square footage of the exterior footprint of all buildings, or gross floor area of all buildings, at ground level. • The location of utilities serving or existing on the property as evidenced by on-site observation or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the source of information) (for example) • railroad tracks and sidings; • manholes, catch basins, valve vaults or other surface indications of subterranean uses; • wire and cables (including their function) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and • utility company installations on the surveyed premises. • A certificate in substantially the following form: The undersigned being First American Title Insurance Company, ▇▇▇▇▇▇▇ Title Insurance Company, SHC Half Moon Bay, LLC, a registered surveyor of the State of [State] hereby certifies to DEUTSCHE BANK TRUST COMPANY AMERICASDelaware limited liability company, DTRS Half Moon Bay, LLC, a Delaware limited liability company; Deutsche Bank AG New York Branch, as Administrative Agent on behalf of the Lenders (party to that administrative agent for certain Amended lenders and Restated Loan their respective participants, successors and Security Agreement, dated as of , 2011, as may be amended or otherwise modified from time to time), [NAME OF BORROWING ENTITY] assigns and [INSERT NAME OF TITLE COMPANY________], and each of their respective successors and assigns, as of the date below, as follows: This print of is to certify that this map or plat and the survey actually was on which it is based were made on the ground on [INSERT DATE SURVEY WAS MADE] in accordance with the “2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” , jointly established and adopted by American Land Title Association (“ALTA”) ALTA and American Congress on Surveying & Mapping (“ACSM”) NSPS, and National Society of Professional Surveyors (“NSPS”) in 1999, contains includes Items 1, 2, 3, 4, 6, 7(a), 7(b)(1), 7(c), 8, 9, 10, 1111(a), 13, 14 16, 17, and 16 18 of Table A thereto, and correctly shows: (i) a fixed and determinable position and location of the land described herein (together with the buildings and improvements thereon, the “Mortgaged Property”), including the position of the point of beginning; (ii) the location of all buildings, structures and other improvements situated on the land; (iii) all driveways or other curb cuts along any street or alley upon which the land abuts; (iv) the location and name of all public and private streets or alleys located thereon or adjacent thereto, all of which are public unless otherwise noted; (v) the location, dimension and recording data of all easements, rights-of-way and other matters of record thereon or with respect to which the undersigned has knowledge; (vi) the location and dimension of all unrecorded easements, paths, rights-of-way and party walls to the extent visible thereon or with respect to which the undersigned has knowledge; (vii) the location of applicable building restriction and setback lines required by local ordinances and regulations; and (viii) the location of all encroachments or overhangs onto or from the Mortgaged Property. Except as shown on this survey, there are no visible discrepancies, conflicts, shortages in area or boundary line conflicts. Except as shown on the survey, the Mortgaged Property does not serve any adjoining property for drainage, utilities or ingress or egressthereof. The Mortgaged Property has access to and from a duly dedicated and accepted public roadway. This survey reflects boundary lines of the land, which “close” by engineering calculations. All utility services to the Mortgaged Property either enter the Mortgaged Property through adjoining public streets, or this survey shows the point of entry and location of any utilities which pass through or are located field work was completed on adjoining private land to the extent visible or known to the undersigned. The Mortgaged Property does not lie within an area designated as a flood hazard area by any map or publication of the U.S. Department of Housing and Urban Development or the Federal Emergency Management Agency. The Mortgaged Property and only the Mortgaged Property constitutes one tax lot. All zoning use and density classifications are properly shown hereon. The undersigned has received and examined a copy of the Commitment for Title Insurance No[____________]. , dated , issued by , with respect to the Mortgaged Property, as well as a copy of each instrument listed therein. The location of each exception set forth in such Commitment, to the extent it can be located, has (with recording reference and reference to the exception number of the Commitment) been shown hereon. The undersigned further certifies that this survey meets the Accuracy Standards (as adopted by ALTA, ACSM and NSPS and in effect on the date of this certification) and [SELECT ONE OF THE FOLLOWING TWO PHRASES]: [the Positional Uncertainties resulting from the survey measurements made on the survey do not exceed the allowable Positional Tolerance.] [the survey measurements were made in accordance with the “Minimum Angel, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys.”] Licensed Surveyor Date: [seal]]

Rebuildability. If Property involves legal non-conforming use, confirms that, in the event of casualty, the Property may be rebuilt substantially in its current form (i.e., no loss of square footage, same building footprint) upon satisfaction of stated conditions and/or limitations. • Subdivision Endorsement. • Doing Business Endorsement. • Deletion of Arbitration Endorsement. • Separate Tax Lot Endorsement. • Street Address Endorsement • Contiguity Endorsement. • Variable Rate Endorsement. • Mortgage Recording Tax Endorsement. • Any of the following endorsements customary in the state in which the Property is located or as required by the nature of the transaction: Tie-In Endorsement for Multiple Policies Mortgage Assignment Endorsement First Loss / Last Dollar Endorsement Non-Imputation Endorsement Blanket Un-located Easements Endorsement Closure Endorsement The survey shall contain the following: • The legal description of the Property; • The courses and measured distances of the exterior boundary lines of the Property and the identification of owners of abutting parcels; • The total acreage of the Property to the nearest tenth of an acre; • The location of any existing improvements, the dimensions thereof at the ground surface level and their relationship to the facing exterior property lines, streets and set-back lines of the Property; • The location, lines and widths of adjoining publicly dedicated and accepted streets showing the number and location of existing curb cuts, driveways, and fences; • The location and dimensions of encroachments, if any, upon the Property; • The location of all set-back lines, restrictions of record, other restrictions established by zoning or building code ordinance, utilities, easements, rights-of-way and other matters affecting title to the Property which are to be shown in Schedule B-2 of the Title Policy identifying each by reference to its recording data, where applicable; • Evidence that adequate means of ingress and egress to and from the Property exist and that the Property does not serve any adjoining property for ingress, egress or any other purpose; • If the Property is described as being on a recorded map or plat, a legend relating the survey to such map or plat; • The street address of the Property; • Parking areas at the Property and, if striped, the striping and type (e.g., handicapped, motorcycle, regular, etc.) and number of parking spaces at the Property; • A statement as to whether the Property is located in a special flood or mudslide hazard area as determined by a review of a stated and identified Flood Hazard Boundary Map published by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development; • A vicinity map showing the property in reference to nearby highways or major street intersections. • The exterior dimensions of all buildings at ground level and the square footage of the exterior footprint of all buildings, or gross floor area of all buildings, at ground level. • The location of utilities serving or existing on the property as evidenced by on-site observation or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the source of information) (for example) • railroad tracks and sidings; • manholes, catch basins, valve vaults or other surface indications of subterranean uses; • wire and cables (including their function) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and • utility company installations on the surveyed premises. • A certificate in substantially the following form: The undersigned being a registered surveyor of the State of [State] hereby certifies to DEUTSCHE BANK TRUST COMPANY AMERICASCOLUMN FINANCIAL, as Administrative Agent on behalf of the Lenders (party to that certain Amended and Restated Loan and Security Agreement, dated as of , 2011, as may be amended or otherwise modified from time to time)INC., [NAME OF BORROWING ENTITY] and [INSERT NAME OF TITLE COMPANY], and each of their respective successors and assigns, as of the date below, as follows: This print of survey actually was made on the ground on [INSERT DATE SURVEY WAS MADE] in accordance with the “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” jointly established and adopted by American Land Title Association (“ALTA”) and American Congress on Surveying & Mapping (“ACSM”) and National Society of Professional Surveyors (“NSPS”) in 1999, contains Items 11,2,3,4, 2, 3, 4, 6, 7(a6,7(a), 7(b)(17(b)(l), 8, 98,9, 10, 11, 13, 14 and 16 of Table A thereto, and correctly shows: (i) a fixed and determinable position and location of the land described herein (together with the buildings and improvements thereon, the “Mortgaged Property”), including the position of the point of beginning; (ii) the location of all buildings, structures and other improvements situated on the land; (iii) all driveways or other curb cuts along any street or alley upon which the land abuts; (iv) the location and name of all public and private streets or alleys located thereon or adjacent thereto, all of which are public unless otherwise noted; (v) the location, dimension and recording data of all easements, rights-of-way and other matters of record thereon or with respect to which the undersigned has knowledge; (vi) the location and dimension of all unrecorded easements, paths, rights-of-way and party walls to the extent visible thereon or with respect to which the undersigned has knowledge; (vii) the location of applicable building restriction and setback lines required by local ordinances and regulations; and (viii) the location of all encroachments or overhangs onto or from the Mortgaged Property. Except as shown on this survey, there are no visible discrepancies, conflicts, shortages in area or boundary line conflicts. Except as shown on the survey, the Mortgaged Property does not serve any adjoining property for drainage, utilities or ingress or egress. The Mortgaged Property has access to and from a duly dedicated and accepted public roadway. This survey reflects boundary lines of the land, which “close” by engineering calculations. All utility services to the Mortgaged Property either enter the Mortgaged Property through adjoining public streets, or this survey shows the point of entry and location of any utilities which pass through or are located on adjoining private land to the extent visible or known to the undersigned. The Mortgaged Property does not lie within an area designated as a flood hazard area by any map or publication of the U.S. Department of Housing and Urban Development or the Federal Emergency Management Agency. The Mortgaged Property and only the Mortgaged Property constitutes one tax lot. All zoning use and density classifications are properly shown hereon. The undersigned has received and examined a copy of the Commitment for Title Insurance No. , dated , issued by , with respect to the Mortgaged Property, as well as a copy of each instrument listed therein. The location of each exception set forth in such Commitment, to the extent it can be located, has (with recording reference and reference to the exception number of the Commitment) been shown hereon. The undersigned further certifies that this survey meets the Accuracy Standards (as adopted by ALTA, ACSM and NSPS and in effect on the date of this certification) and [SELECT ONE OF THE FOLLOWING TWO PHRASES]: [the Positional Uncertainties resulting from the survey measurements made on the survey do not exceed the allowable Positional Tolerance.] [the survey measurements were made in accordance with the “Minimum AngelAngle, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys.”] Date: [seal]]

Rebuildability. If Property involves legal non-conforming use, confirms that, in the event of casualty, the Property may be rebuilt substantially in its current form (i.e., no loss of square footage, same building footprint) upon satisfaction of stated conditions and/or limitations. • Subdivision Endorsement. • Doing Business Endorsement. • Deletion of Arbitration Endorsement. • Separate Tax Lot Endorsement. • Street Address Endorsement Endorsement. • Contiguity Endorsement. • Variable Rate Endorsement. • Mortgage Recording Tax Endorsement. • Any of the following endorsements customary in the state in which the Property is located or as required by the nature of the transaction: Tie-In Endorsement for Multiple Policies Mortgage Assignment Endorsement First Loss / Last Dollar Endorsement Non-Imputation Endorsement Blanket Un-located Easements Endorsement Closure Endorsement DEUTSCHE BANK AG NEW YORK BRANCH, AS ADMINISTRATIVE AGENT FOR THE LENDERS SURVEY REQUIREMENTS The survey shall contain the following: • The legal description of the Property; • The courses and measured distances of the exterior boundary lines of the Property and the identification of owners of abutting parcels; • The total acreage of the Property to the nearest tenth of an acre; • The location of any existing improvements, the dimensions thereof at the ground surface level and their relationship to the facing exterior property lines, streets and set-back lines of the Property; • The location, lines and widths of adjoining publicly dedicated and accepted streets showing the number and location of existing curb cuts, driveways, and fences; • The location and dimensions of encroachments, if any, upon the Property; • The location of all set-back lines, restrictions of record, other restrictions established by zoning or building code ordinance, utilities, easements, rights-of-way and other matters affecting title to the Property which are to be shown in Schedule B-2 of the Title Policy identifying each by reference to its recording data, where applicable; • Evidence that adequate means of ingress and egress to and from the Property exist and that the Property does not serve any adjoining property for ingress, egress or any other purpose; • If the Property is described as being on a recorded map or plat, a legend relating the survey to such map or plat; • The street address of the Property; • Parking areas at the Property and, if striped, the striping and type (e.g., handicapped, motorcycle, regular, etc.) and number of parking spaces at the Property; • A statement as to whether the Property is located in a special flood or mudslide hazard area as determined by a review of a stated and identified Flood Hazard Boundary Map published by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development; • A vicinity map showing the property in reference to nearby highways or major street intersections. • The exterior dimensions of all buildings at ground level and the square footage of the exterior footprint of all buildings, or gross floor area of all buildings, at ground level. • The location of utilities serving or existing on the property as evidenced by on-site observation or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the source of information) (for example) • railroad tracks and sidings; • manholes, catch basins, valve vaults or other surface indications of subterranean uses; • wire and cables (including their function) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and • utility company installations on the surveyed premises. • A certificate in substantially the following form: The undersigned being First American Title Insurance Company, ▇▇▇▇▇▇▇ Title Insurance Company, SHC Washington, LLC, a registered surveyor of the State of [State] hereby certifies to DEUTSCHE BANK TRUST COMPANY AMERICASDelaware limited liability company, DTRS Washington, LLC, a Delaware limited liability company; Deutsche Bank AG New York Branch, as Administrative Agent on behalf of the Lenders (party to that administrative agent for certain Amended lenders and Restated Loan and Security Agreement, dated as of , 2011, as may be amended or otherwise modified from time to time), [NAME OF BORROWING ENTITY] and [INSERT NAME OF TITLE COMPANY], and each of their respective participants, successors and assigns, as of the date below, as followsassigns and ▇▇▇▇▇▇▇ Land: This print of is to certify that this map or plat and the survey actually was on which it is based were made on the ground on [INSERT DATE SURVEY WAS MADE] in accordance with the “2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” , jointly established and adopted by American Land Title Association (“ALTA”) ALTA and American Congress on Surveying & Mapping (“ACSM”) NSPS, and National Society of Professional Surveyors (“NSPS”) in 1999, contains includes Items 1, 2, 3, 4, 6, 7(a), 7(b)(1), 7(c), 8, 9, 10, 1111(a), 13, 14 16, 17, and 16 18 of Table A thereto, and correctly shows: (i) a fixed and determinable position and location of the land described herein (together with the buildings and improvements thereon, the “Mortgaged Property”), including the position of the point of beginning; (ii) the location of all buildings, structures and other improvements situated on the land; (iii) all driveways or other curb cuts along any street or alley upon which the land abuts; (iv) the location and name of all public and private streets or alleys located thereon or adjacent thereto, all of which are public unless otherwise noted; (v) the location, dimension and recording data of all easements, rights-of-way and other matters of record thereon or with respect to which the undersigned has knowledge; (vi) the location and dimension of all unrecorded easements, paths, rights-of-way and party walls to the extent visible thereon or with respect to which the undersigned has knowledge; (vii) the location of applicable building restriction and setback lines required by local ordinances and regulations; and (viii) the location of all encroachments or overhangs onto or from the Mortgaged Property. Except as shown on this survey, there are no visible discrepancies, conflicts, shortages in area or boundary line conflicts. Except as shown on the survey, the Mortgaged Property does not serve any adjoining property for drainage, utilities or ingress or egressthereof. The Mortgaged Property has access to and from a duly dedicated and accepted public roadway. This survey reflects boundary lines of the land, which “close” by engineering calculations. All utility services to the Mortgaged Property either enter the Mortgaged Property through adjoining public streets, or this survey shows the point of entry and location of any utilities which pass through or are located field work was completed on adjoining private land to the extent visible or known to the undersigned. The Mortgaged Property does not lie within an area designated as a flood hazard area by any map or publication of the U.S. Department of Housing and Urban Development or the Federal Emergency Management Agency. The Mortgaged Property and only the Mortgaged Property constitutes one tax lot. All zoning use and density classifications are properly shown hereon. The undersigned has received and examined a copy of the Commitment for Title Insurance No[____________]. , dated , issued by , with respect to the Mortgaged Property, as well as a copy of each instrument listed therein. The location of each exception set forth in such Commitment, to the extent it can be located, has (with recording reference and reference to the exception number of the Commitment) been shown hereon. The undersigned further certifies that this survey meets the Accuracy Standards (as adopted by ALTA, ACSM and NSPS and in effect on the date of this certification) and [SELECT ONE OF THE FOLLOWING TWO PHRASES]: [the Positional Uncertainties resulting from the survey measurements made on the survey do not exceed the allowable Positional Tolerance.] [the survey measurements were made in accordance with the “Minimum Angel, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys.”] Licensed Surveyor Date: [seal]]] Borrower hereby represents and warrants to, and covenants with, Lender that since the date of its formation and at all times on and after the date hereof and until such time as the Obligations shall be paid and performed in full:

Rebuildability. If Property involves legal non-conforming use, confirms that, in the event of casualty, the Property may be rebuilt substantially in its current form (i.e., no loss of square footage, same building footprint) upon satisfaction of stated conditions and/or limitations. • Subdivision Endorsement. • Doing Business Endorsement. • Deletion of Arbitration Endorsement. • Separate Tax Lot Endorsement. • Street Address Endorsement • Contiguity Endorsement. • Variable Rate Endorsement. • Mortgage Recording Tax Endorsement. • Any of the following endorsements customary in the state in which the Property is located or as required by the nature of the transaction: Tie-In Endorsement for Multiple Policies Mortgage Assignment Endorsement First Loss / Last Dollar Endorsement Non-Imputation Endorsement Blanket Un-located Easements Endorsement Closure Endorsement The survey shall contain the following: • The legal description of the Property; • The courses and measured distances of the exterior boundary lines of the Property and the identification of owners of abutting parcels; • The total acreage of the Property to the nearest tenth of an acre; • The location of any existing improvements, the dimensions thereof at the ground surface level and their relationship to the facing exterior property lines, streets and set-back lines of the Property; • The location, lines and widths of adjoining publicly dedicated and accepted streets showing the number and location of existing curb cuts, driveways, and fences; • The location and dimensions of encroachments, if any, upon the Property; • The location of all set-back lines, restrictions of record, other restrictions established by zoning or building code ordinance, utilities, easements, rights-of-way and other matters affecting title to the Property which are to be shown in Schedule B-2 of the Title Policy identifying each by reference to its recording data, where applicable; • Evidence that adequate means of ingress and egress to and from the Property exist and that the Property does not serve any adjoining property for ingress, egress or any other purpose; • If the Property is described as being on a recorded map or plat, a legend relating the survey to such map or plat; • The street address of the Property; • Parking areas at the Property and, if striped, the striping and type (e.g., handicapped, motorcycle, regular, etc.) and number of parking spaces at the Property; • A statement as to whether the Property is located in a special flood or mudslide hazard area as determined by a review of a stated and identified Flood Hazard Boundary Map published by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development; • A vicinity map showing the property in reference to nearby highways or major street intersections. • The exterior dimensions of all buildings at ground level and the square footage of the exterior footprint of all buildings, or gross floor area of all buildings, at ground level. • The location of utilities serving or existing on the property as evidenced by on-site observation or as determined by records provided by client, utility companies and other appropriate sources (with reference as to the source of information) (for example) • railroad tracks and sidings; • manholes, catch basins, valve vaults or other surface indications of subterranean uses; • wire and cables (including their function) crossing the surveyed premises, all poles on or within ten feet of the surveyed premises, and the dimensions of all crosswires or overhangs affecting the surveyed premises; and • utility company installations on the surveyed premises. • A certificate in substantially the following form: The undersigned being a registered surveyor of the State of [State] hereby certifies to DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent on behalf of the Lenders (party to that certain Amended and Restated Loan and Security Agreement, dated as of , 2011, as may be amended or otherwise modified from time to time)GERMAN AMERICAN CAPITAL CORPORATION, [NAME OF BORROWING ENTITY] and [INSERT NAME OF TITLE COMPANY], and each of their respective successors and assigns, as of the date below, as follows: This print of survey actually was made on the ground on [INSERT DATE SURVEY WAS MADE] in accordance with the “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys,” jointly established and adopted by American Land Title Association (“ALTA”) and American Congress on Surveying & Mapping (“ACSM”) and National Society of Professional Surveyors (“NSPS”) in 1999, contains Items 1, 2, 3, 4, 6, 7(a), 7(b)(1), 8, 9, 10, 11, 13, 14 and 16 of Table A thereto, and correctly shows: (i) a fixed and determinable position and location of the land described herein (together with the buildings and improvements thereon, the “Mortgaged Property”), including the position of the point of beginning; (ii) the location of all buildings, structures and other improvements situated on the land; (iii) all driveways or other curb cuts along any street or alley upon which the land abuts; (iv) the location and name of all public and private streets or alleys located thereon or adjacent thereto, all of which are public unless otherwise noted; (v) the location, dimension and recording data of all easements, rights-of-way and other matters of record thereon or with respect to which the undersigned has knowledge; (vi) the location and dimension of all unrecorded easements, paths, rights-of-way and party walls to the extent visible thereon or with respect to which the undersigned has knowledge; (vii) the location of applicable building restriction and setback lines required by local ordinances and regulations; and (viii) the location of all encroachments or overhangs onto or from the Mortgaged Property. Except as shown on this survey, there are no visible discrepancies, conflicts, shortages in area or boundary line conflicts. Except as shown on the survey, the Mortgaged Property does not serve any adjoining property for drainage, utilities or ingress or egress. The Mortgaged Property has access to and from a duly dedicated and accepted public roadway. This survey reflects boundary lines of the land, which “close” by engineering calculations. All utility services to the Mortgaged Property either enter the Mortgaged Property through adjoining public streets, or this survey shows the point of entry and location of any utilities which pass through or are located on adjoining private land to the extent visible or known to the undersigned. The Mortgaged Property does not lie within an area designated as a flood hazard area by any map or publication of the U.S. Department of Housing and Urban Development or the Federal Emergency Management Agency. The Mortgaged Property and only the Mortgaged Property constitutes one tax lot. All zoning use and density classifications are properly shown hereon. The undersigned has received and examined a copy of the Commitment for Title Insurance No. , dated , issued by , with respect to the Mortgaged Property, as well as a copy of each instrument listed therein. The location of each exception set forth in such Commitment, to the extent it can be located, has (with recording reference and reference to the exception number of the Commitment) been shown hereon. The undersigned further certifies that this survey meets the Accuracy Standards (as adopted by ALTA, ACSM and NSPS and in effect on the date of this certification) and [SELECT ONE OF THE FOLLOWING TWO PHRASES]: [the Positional Uncertainties resulting from the survey measurements made on the survey do not exceed the allowable Positional Tolerance.] [the survey measurements were made in accordance with the “Minimum Angel, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys.”] , Licensed Surveyor Date: [seal]]: