Common use of Surveys Clause in Contracts

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p4.1(x) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each mortgage certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of received an as-built A.L.T.A. survey of the sites Site, the Phase II Mall Air Space, the portion of the Mortgaged Properties Phase II Mall Air Space covered by the Walgreens Lease and the portion of the Phase II Mall Space subject to the Phase II Mall Lease, the Site Easements and the Phase II Mall Space Easements, satisfactory in form and substance to the Title Insurer and the Administrative Agent, reasonably current and certified to the Administrative Agent and the Title Insurance Company in each such Person by a manner licensed surveyor satisfactory to themeach such Person, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall showing (a) be a current “as-built” survey showing as to the Site, the Phase II Mall Air Space, the Phase II Mall Air Parcel, the portion of the Phase II Mall Space covered by the Walgreens Lease, the exact location and dimensions thereof, including the location of any adjoining streets (including their widths all means of access thereto and any pavement all easements relating thereto and showing the perimeter within which all foundations are or other improvements), easements (including the recorded information with respect are to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachmentsbe located; (b) locate as to the Site Easements and the Phase II Mall Space Easements, the exact location and dimensions thereof (to the extent such easements are described as covering specific portions of the Site and/or the Phase II Mall Space, as the case may be), including the location of all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the propertyaccess thereto, and also contain a location sketch of all improvements or other encroachments in or on the propertySite Easements and/or the Phase II Mall Space Easements, as the case may be; (c) show the location of all improvements as constructed on existing utility facilities servicing the propertySite and the Central Park West Site (including water, electricity, gas, telephone, sanitary sewer and storm water distribution and detention facilities); (d) indicate unless covered by appropriate endorsements under the location of any improvements on Title Insurance Policies, that there are no gaps, gores, projections, protrusions or other survey defects other than the property with the dimensions in relations to the lot and building linesPermitted Liens; (e) show measured distances from whether the improvements to be set back Site, the Phase II Mall Space and specified distances from street the Central Park West Site or property lines any portion thereof is located in the event that deed restrictions, recorded plats or zoning ordinances require samea flood hazard zone; and (f) designate all courses and distances referred that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowPermitted Liens.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an received as-built survey A.L.T.A. surveys of the sites of Site and the Mortgaged Properties certified Easements with respect to the such Project (or such other documentation acceptable to Administrative Agent), reasonably satisfactory in form and substance to Administrative Agent and the Title Insurance Company in a manner satisfactory Insurer, certified to them, dated Administrative Agent as to completeness and accuracy as of not more than 180 days four weeks prior to the Closing Date unless the Title Insurance Company has agreed Final Completion by a licensed surveyor reasonably satisfactory to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is locatedAdministrative Agent, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall showing (a) be a current “as-built” survey showing as to such Site, the exact location and dimensions thereof, including the location of any adjoining streets (including their widths all means of access thereto and any pavement or other improvements), all easements (including relating thereto and showing the recorded information with respect to perimeter within which all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachmentsfoundations are located; (b) locate as to such Easements, the exact location and dimensions thereof, including the location of all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the propertyaccess thereto, and also contain a location sketch of the propertyall improvements or other encroachments in or on such Easements; (c) show the location and dimensions of all improvements as constructed improvements, fences or encroachments located in or on the propertysuch Site or such Easements; (d) indicate that the location of any improvements such Project does not encroach on the or interfere with adjacent property with the dimensions in relations to the lot or existing easements or other rights (whether on, above or below ground), and building linesthat there are no gaps, gores, projections, protrusions or other survey defects; (e) show measured distances from the improvements to be set back whether such Site or any portion thereof is located in a special earthquake or flood hazard zone; and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than relevant Permitted Encumbrances; provided, however, that the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; matters described in clauses (b) and (ge) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall may be shown on the face of each surveyby separate maps, and the same shall conform surveys or other information reasonably satisfactory to the legal description contained in the title policy described belowAdministrative Agent.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy policies referred to in Section 5.1(p5.1(n) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties located in the United States of America, except as set forth in Schedule 6.15, certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 30 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, dated not more than 2 years prior to the Closing Date by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 (or 2005 in the case of new surveys) and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent Arranger shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(u) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Arranger and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Arranger and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have receivedWithin forty-five (45) days after the date hereof, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified JML will deliver to the Administrative Agent Company, the Valero Member and the Title Insurance Company a survey (herein the “Survey”) of the Real Property, prepared by UP Engineers and Architects, in such form and content as to permit the deletion of the “survey exception” for all matters other than shortages in area of the land from the Title Policy. The Survey shall contain a manner satisfactory to them, dated not more than 180 days prior certificate specifically addressed to the Closing Date unless Company, the Valero Member and the Title Insurance Company has agreed to delete its survey disclosure exception on that certifies that the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be Survey was made in accordance with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA, ACSM and NSPS in 2011, including Items 1-4, 6(a), 8, 11(a), 13, 14, 16, 18, 19, and 21 ($1,000,000) from Optional Table A thereof. The Survey shall, at minimum, include, the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality boundary lines of the foregoingReal Property, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets all paved or unpaved roadways and alleys (including their widths both those roads on the Real Property and any pavement or other improvementsthose adjacent thereto), easements all visible or recorded easements, and rights-of-way affecting the Real Property (including setting forth book and page number of the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of watertogether with visible improvements, signs, fences, zoning or restriction setback drainage ditches, waterways, streams, rivers, creeks, railroad tracks, PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. building set-back lines, rightsencroachments, protrusions, landfill, and electric telephone, sewer, water, other above-of-way, ground utility lines facilities on or immediately adjacent to the points of connection and any encroachments; (b) locate all means of ingress and egressReal Property. In addition, certifying the amount of acreage and square footage, indicate Survey shall also depict the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations wetland delineation data provided to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowsurveyor.

Surveys. The Subject to force majeure, within 30 days after the Closing Date, the Borrower shall deliver to the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(psubsection 5.1(o)(i) below (the “"Title Insurance Company”) shall have received"), maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (aA) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (B) the lines of streets abutting the sites and width thereof; (C) all access and other easements appurtenant to the sites; (D) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (E) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building linessites; (eF) show measured distances from if the improvements site is described as being on a filed map, a legend relating the survey to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesaid map; and (gG) indicate the flood zone designationdesignations, if any, in which the property is Mortgaged Properties are located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”Company (defined below) shall have received, maps or plats of (A) an as-built survey of the sites of the Mortgaged Newly Acquired Properties (including leasehold mortgages) certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building structures and improvements on the sites; and (vi) a legend relating to the survey, or (B) in lieu of an as-built” survey showing built survey, the location of Borrower or its Subsidiaries shall have delivered any adjoining streets (including their widths and any pavement affidavits or other improvements), easements (including documents required by the recorded information Title Insurance Company to insure the state of facts set forth in a survey which was previously included in a title insurance policy delivered by the Borrower or a Subsidiary to the Agent. Surveys delivered to the Agent in connection with the Existing Credit Agreement with respect to all recorded instruments), particular items of real property may be deemed by the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines Agent sufficient to the points of connection and any encroachments; comply with this paragraph (bo) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowfor such items.

Surveys. The Administrative Agent shall have receivedreceived (or shall receive within 10 Business Days after the Closing Date), and the title insurance company issuing the policy referred to in Section 5.1(psubsection 8.1(t) below (the “Title Insurance Company”"TITLE INSURANCE COMPANY") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent At least twenty (20) days prior to the Closing, the Company shall have received, obtained and the title insurance company issuing the policy referred delivered to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey Investor surveys of the sites of Owned Real Estate (including easements benefiting the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in Owned Real Estate) prepared by a manner satisfactory to them, dated not more civil engineer or licensed surveyor no sooner than 180 sixty (60) days prior to the Closing Date unless Date. The surveys shall contain at least as much detail as the Title Insurance Company has agreed to delete its survey disclosure exception on surveys produced by Xxxxx, Xxxxxx & Associates dated 12/4/98 and 2/25/94, shall set forth a legal description of all Owned Real Estate, which shall be the basis of an earlier survey by an independent professional land surveyor licensed same as the legal description set forth in the jurisdiction in which Commitments, shall delineate the subject Mortgaged Property is locatedboundaries of all of such real estate, which maps or plats showing all adjoining rights of way, water courses, drains, sewers, streets and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined thereinroads, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets designated wetlands, floodplains, exits and entrances, (including their widths proposed new entrances at North Prairie and any pavement or other improvements)proposed parking areas to serve the new addition, easements (including the recorded information with respect to all recorded instruments)if marked) utilities, the mean high water base line or other legal boundary lines of any adjoining bodies of waterbuilding and structure locations and dimensions, fences, zoning or restriction setback set-back lines, rights-of-restrictions, encroachments, rights of way, utility lines access limitations, easements and other similar matters (with reference to recording information) and setting forth the points of connection exact acreage with courses and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal distances so as to permit a description of the property, real estate and also of any other items noted on the surveys and shall contain a location sketch of certification that the property; (c) show surveys correctly shows the location of all improvements as constructed buildings, structures and other improvements, including foundations and buildings in course of construction, situated on the real property; (d) indicate , and that, except as shown, there are no visible easements or rights of way across the location of any real estate, no visible encroachments on the real estate by improvements on adjoining premises and no visible encroachments by improvements on the property with real estate on adjoining premises. The surveys shall be in such form and content as shall permit the dimensions Title Company to eliminate all exceptions in relations the Commitments and the policy of title insurance issued pursuant thereto which relate to matters of survey. The surveys shall be certified to the lot Company, the Title Company and building lines; (e) show measured distances from any lenders providing financing for the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides transactions contemplated by this Agreement. The cost of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property surveys shall be shown on borne one-half by the face of each survey, Controlling Shareholders and one-half by the same shall conform to the legal description contained in the title policy described belowInvestor.

Surveys. The Administrative Agent Seller shall have receiveddeliver copies of all existing surveys of the Real Property, in its possession, to Buyer. Buyer may obtain, at its sole cost and expense, current as-built surveys of the title insurance company issuing the policy referred to in Section 5.1(p) below Real Property (the “Title Insurance CompanySurveys”) ). The Surveys shall have received, maps or plats meet the requirements of an as-built ALTA/ASCM survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company otherwise be in a manner form and detail satisfactory to themBuyer. Unless otherwise agreed by Buyer, dated not more than 180 days prior to the Closing Date unless Surveys shall (i) be currently dated; (ii) show the Title Insurance Company has agreed to delete its survey disclosure exception location on the basis Real Property of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other all improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback linesevidences of abandoned fences, lakes, ponds, creeks, streams, rivers, easements, roads, and rights-of-way, utility lines ; (iii) identify all easements and rights-of- way by reference to the points of connection recording information applicable to the documents creating such easements or rights-of-way; (iv) show any encroachments onto the Real Property from any adjacent property, any encroachments from the Real Property onto adjacent property, and any encroachmentsencroachments into any easement or restricted area within the Real Property; (bv) locate all existing improvements (such as buildings, power lines, fences, and the like); (vi) locate all dedicated public streets or other roadways providing access to the Real Property, including all curb cuts and all alleys; (vii) locate all set-back lines and similar restrictions covering the Real Property or any part thereof and any violations of such restrictions; and (viii) show thereon a legal description of the boundaries of the Real Property by metes and bounds or other appropriate legal description. Each Survey shall contain the surveyor’s certification to Buyer, Seller, and the Title Company that (i) the Survey was made on the ground; (ii) there are no visible or recorded easements, discrepancies, conflicts, encroachments, or overlapping of improvements except as shown on the Survey; (iii) the Survey correctly shows all visible or recorded easements or rights of way across the Real Property or any other easements or rights of way of which the surveyor has been advised, including, without limitation, those matters affecting title reflected in the Title Commitment; (iv) the Survey correctly shows the location of all buildings, structures, and other improvements situated on the Real Property; (v) the Survey conforms to all applicable minimum guidelines for surveys of comparable property as set forth in applicable laws, regulations, or professional standards; (vi) all streets abutting the Real Property and all means of ingress to and egressegress from the Real Property have been completed, certifying dedicated, and accepted for public maintenance by the amount of acreage relevant municipal body; (vii) except as shown thereon, the Real Property is not located within the 100 year flood plain or other flood hazard area; (viii) the Survey is a true, correct, and square footage, indicate the address accurate representation of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availableReal Property; and (gix) indicate such other matters as may be required by the flood zone designation, if any, in which Title Company to allow it to issue the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowTitle Policy.

Surveys. The Administrative Agent and the Title ------- Insurance Company each shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, received maps or plats of an as-built survey of the sites of the Mortgaged Properties real property covered by the Mortgage and Security Agreement certified to the Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to each of them, dated not more than 180 days prior a date reasonably satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey Company, prepared by an independent professional licensed land surveyor licensed in reasonably satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall (except as such survey may fail to demonstrate a closed traverse within 35 feet at the reservoir site) be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and evidence reasonably satisfactory to the Administrative Agent delineating the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites necessary to use the sites; (iv) whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor, all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites and any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gv) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent the Borrower shall have receivedfurnished to the Administrative Agent, no later than 60 days after the date hereof, and the title insurance company issuing the policy referred to in Section 5.1(p) below 7.11 (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties owned real property covered by each Mortgage certified to the Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated not more than 180 days prior a date reasonably satisfactory to the Closing Date unless Administrative Agent, the Other Representatives and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in reasonably satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites necessary to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(psubsection 6.1(z) below (the “Title Insurance Company”"TITLE INSURANCE COMPANY") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1962, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets property by the building structures and improvements on the sites; and (including their widths vi) if the site is described as being on a filed map, a legend relating the survey to said map. Notwithstanding the foregoing, provided the Borrower executes and delivers any pavement and all agreements, affidavits or other improvements)documents required by the Title Insurance Company in order to cause the Title Insurance Company to issue a standard survey endorsement and delete the so-called "survey exemption" for each of the properties located in Texas and Pennsylvania which is being encumbered by a Mortgage, easements the ALTA Surveys prepared by E&M Engineers and Surveyors, P.C. in 1995 (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines real property in the Commonwealth of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines Pennsylvania) and prepared by Xxxxxxxx Surveying Co. in 1995 (with respect to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the real property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (fState of Texas) designate all courses and distances referred to in are hereby approved by the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowAdministrative Agent.

Surveys. The Furnish to the US Administrative Agent shall have received, and the title ------- insurance company issuing the policy referred to in Section 5.1(psubsection 7.18(b) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites ----------------------- of the US Mortgaged Properties and the Canadian Mortgaged Properties certified to the US Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless US Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which US Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 1962 or any subsequent year and meeting such other certification reasonably acceptable to the accuracy requirements as defined thereinUS Administrative Agent, and, without limiting the generality of the foregoing, there shall be or is, as of a recent date, surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred Borrower will furnish to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in Independent Consultant, at Borrower’s expense, the following surveys prepared by a manner satisfactory registered engineer or surveyor acceptable to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the followingAdministrative Agent: each survey shall (a) be a current “aspre-built” construction survey of the Land and any existing improvements thereon, prepared by a registered surveyor or engineer and certified to Administrative Agent, Borrower, and the Title Company, with a certification in form and substance acceptable to Administrative Agent, reflecting such matters as required by Administrative Agent, showing no state of facts objectionable to Administrative Agent, and certifying that none of the Land is located within any designated flood plain or special flood hazard area (or, in lieu thereof, Borrower shall provide evidence that Borrower has applied for and received flood insurance covering the Improvements in an amount acceptable to Administrative Agent); (b) if requested by Administrative Agent, a foundation survey, upon completion of staking the foundation for the Improvements, showing the location of any adjoining streets (including their widths the foundation and any pavement or other improvements)all Improvements, easements (including reflecting that the recorded information with respect to all recorded instruments), location of the mean high water base line or other legal Improvements will be entirely within the boundary lines of the Land, will not encroach upon any adjoining bodies of waterset-back line, fenceseasement, zoning or restriction setback lines, rightsright-of-way, utility lines to and will not violate any covenant, condition, or restriction affecting the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the propertyLand, and also contain other matters customarily included in a location sketch foundation survey for the type of the propertyproperty and improvements being surveyed; and (c) show an “as built” survey, within 60 days after substantial completion of the location Improvements, showing the locations of all improvements as constructed on the property; (d) indicate the location of any improvements on Improvements, and certifying that same are entirely within the property lines of the Land, do not encroach upon any easement, setback or building line or restrictions, and are placed in accordance with the dimensions Plans and all Legal Requirements affecting the Land and/or Improvements, showing and certifying to such other matters customarily shown and contained in relations to certifications for an “as built” survey for the lot type of property and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal descriptionbeing surveyed, and indicate the names showing no state of all adjoining owners on all sides of the property, facts objectionable to the extent available; and (g) indicate the flood zone designation, if any, in which the property is locatedAdministrative Agent. The legal description of the applicable property All surveys shall be shown on the face of each survey, in form and the same shall conform substance reasonably acceptable to the legal description contained in the title policy described belowAdministrative Agent.

Surveys. The Administrative Agent Not later than 90 days following the Closing Date, the Company shall have received, deliver to the Co-Agents and the title insurance company issuing the policy policies referred to in Section 5.1(p4.4(l) below (the “Title Insurance Company”"TITLE INSURANCE COMPANY") shall have received, letters from independent professional licensed land surveyor(s) certifying that the maps or plats of an as-built survey of the sites of each of the Mortgaged Properties certified to the Administrative Agent Purchasers and the Title Insurance Company in a manner satisfactory to themconnection with the sale of the Tranche A Senior Secured Notes in April 11, dated not more than 180 days prior to 2001 shall, as of the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is locatedDate, which maps or plats and the surveys on which they are based shall still be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites necessary to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent Within thirty (30) days after the date of this -------- Agreement, SELLER shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey provide BUYER surveys of the sites Owned Real Estate certified by a registered land surveyor as of the Mortgaged Properties certified a date subsequent to the Administrative Agent and the Title Insurance Company in a manner satisfactory to themdate hereof, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be as having been made in accordance compliance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy ALTA minimum detail requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; Owned Real Estate (bi) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablethereof; and (gii) indicate all buildings, structures and improvements, and all set back lines, restrictions of record and other restrictions which may have been established by any applicable zoning or building code or ordinances, and all easements and rights of way. If the flood zone designationsurveys show any (x) encroachments upon such property or adjoining property by buildings, if anystructures, in improvements or easements which materially or adversely affect the property is located. The legal description use of the applicable Owned Real Estate or improvements thereon; (xi) access to such property from a public street; or (xii) easements which materially or adversely affect the use of the Owned Real Estate or improvements thereon, other than Permitted Exceptions, BUYER shall be shown on provide written notice thereof to SELLER within ten (10) days of the face receipt of each survey. SELLER shall have thirty (30) days to elect to remedy or remove such encroachment or easement or to secure such access, and but if SELLER elects not to cure the same same, the BUYER shall conform have the right, as its sole remedy, within ten (10) days of receipt of notice of SELLER's election, with respect to the legal description contained in relevant Office, (xx) to declare this Agreement terminated by written notice to SELLER, (xxi) to negotiate at BUYER's cost with the title policy described belowcompany appropriate endorsements over such encroachment or easement, or (xxiii) to waive any objection to such encroachment or easement in which event such encroachment or easement shall become a Permitted Exception. BUYER and SELLER shall each pay one-half of the costs of the surveys.

Surveys. The Administrative Agent shall have received, XxXxxxx Contributor has heretofore delivered (at their sole cost and the title insurance company issuing the policy referred to in Section 5.1(pexpense) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey or site plan of each Property other than the sites Acquisition Properties (the "Surveys"), prepared by a surveyor(s) duly registered in the State of New Jersey. The Surveys shall be updated to a date on or after the Mortgaged Properties date hereof, and certified to the Administrative Agent appropriate Partnership, the Company, any designated lender(s) of Acquiror, and the Title Insurance Company in Company, by a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed surveyor(s) duly registered in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made State of New Jersey as having been prepared in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established minimum detail and adopted by classification requirements of the land survey standards of the American Land Title Association Association, and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality specifically incorporating all of the foregoingstandards and protocols contemplated by the minimum standard detail requirements and classifications for ALTA/ASCM land title surveys, there shall be surveyed as adopted in 1992 by ALTA/ASCM, including Table A responsibilities and shown on such maps, plats or surveys the following: each survey shall specifications 1-5 (a) be a current “as-built” survey showing the location of excluding for Table A5 any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instrumentselevations), 6-11, and 13, and shall include the mean high water base line certification attached hereto as Exhibit A. The Surveys shall show any encroachments of the Improvements onto adjoining properties, easements, set-back lines or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines and any encroachments of adjacent improvements onto any Property, and shall comply with any requirements imposed by the Title Company as a condition to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address removal of the propertysurvey exception from the standard printed exceptions in Schedule B of the Title Commitments, contain and shall comply with any reasonable requirements of Acquiror's lender(s), if any. Without limitation of the foregoing, the Surveys shall state the legal description of the propertyLand, and also contain a location sketch the acreage of the property; (c) show Land and the dimensions, height and square footage of each Building, the number and location of all improvements legal parking spaces on each parcel of Land, driveways, ingress and egress, the address of the Improvements, the zoning of the Property and shall further state whether any parcel of Land is located in a wetlands area or in an area designated by an agency of the United States as constructed on the property; (d) being subject to flood hazards or flood risks. Should any Survey indicate the location presence of any improvements on encroachments by or upon any Property, or other matters that do or would adversely affect the property with the dimensions in relations value or marketability of title to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street any Property, or property lines in the event that deed restrictionsother matters which do or would adversely affect Acquiror's use, recorded plats operation or zoning ordinances require same; (f) designate all courses and distances referred to in the legal descriptionfinancing of any Property, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property such matters shall be shown on the face of each surveyconsidered Defects, and the same shall conform to the legal description contained cure provisions set forth in the title policy described below.Subparagraph

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey on behalf of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey Banks shall (a) be a current “as-built” survey showing satisfied that Borrower (or other Person who holds the location direct ownership interests in such Subsequent Project) shall have obtained all real estate rights necessary for construction and operation of such Subsequent Project other than (i) such rights as can be obtained through eminent domain proceedings or (ii) rights, the procurement of which, in the Technical Committee's reasonable judgment, is not subject to the discretion of any adjoining streets third party, and in the case of either clause (including their widths i) or (ii) above, the Technical Committee shall be satisfied that any rights which have not been obtained can be obtained without material difficulty or delay by the time they are needed, and any pavement or other improvements)(b) have received A.L.T.A. surveys of the Site and, easements (including unless not required by the recorded information Technical Committee, the Easements with respect to all recorded instruments)such Subsequent Project in existence on the Funding Date, satisfactory in form and substance to the Technical Committee and the Title Insurer, reasonably current and certified to the Technical Committee by a licensed surveyor satisfactory to the Technical Committee, showing (i) as to such Site, the mean high water base line or other legal boundary lines of any adjoining bodies of waterexact location and dimensions thereof, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show including the location of all improvements means of access thereto and all easements relating thereto and showing the perimeter within which all foundations are or are to be located; (ii) as constructed to such Easements in existence on the property; (d) indicate Funding Date, the exact location and dimensions thereof, including the location of any all means of access thereto, and all improvements or other encroachments in or on such Easements in existence on the property with the dimensions in relations to the lot and building linesFunding Date; (eiii) show measured distances from the improvements to be set back existing utility facilities servicing such Subsequent Project (including water, electricity, gas, telephone, sanitary sewer and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require samestorm water distribution and detention facilities); (fiv) designate all courses and distances referred to in the legal descriptionthat such existing improvements do not encroach or interfere with adjacent property or existing easements or other rights (whether on, above or below ground), and indicate the names of all adjoining owners on all sides of the propertythat there are no gaps, to the extent availablegores, projections, protrusions or other survey defects; (v) whether such Site or any portion thereof is located in a special earthquake or flood hazard zone; and (gvi) indicate the flood zone designationthat there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than Permitted Encumbrances with [*] Throughout this document, if any, in which the property is locatedthis symbol indicates that material has been omitted pursuant to a request for confidential treatment. The legal description of the applicable property shall be shown on the face of each survey, request for confidential treatment and the same shall conform omitted material have been filed separately with the Securities and Exchange Commission. Roughly 200 pages of material have been omitted pursuant to the legal description contained in the title policy described belowrequest for confidential treatment.

Surveys. The Administrative Agent No later than January 30, 1997, Contributor shall have receiveddeliver to Acquiror, at Contributor's sole cost and expense (except that Acquiror shall pay one-half of the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have receivedcost if this Agreement is terminated), maps or plats of an as-built built, spotted survey of each Project (the sites "SURVEYS"), prepared by a surveyor(s) duly registered in the States of New York or New Jersey (as corresponds to the location of the Mortgaged Properties surveyed Project), and certified to by said surveyor(s) as having been prepared in accordance with the Administrative Agent minimum detail and classification requirements of the land survey standards of the American Land Title Insurance Company Association, and specifically incorporating all of the standards and protocols contemplated by the minimum standard detail requirements and classifications for ALTA/ASCM land title surveys, as adopted in a manner satisfactory to them1992 by ALTA/ASCM, including Table A Items 1 (excluding the placement of monuments), 3, 4, 6 (showing setback lines only), 7(a), 8, 9, 10, 11 and 13, and shall include the certification attached hereto as Exhibit G. The Surveys shall be dated not more no earlier than 180 sixty (60) days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based Date. The Surveys shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or show any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality encroachments of the foregoingImprovements onto adjoining properties, there shall be surveyed and shown on such mapseasements, plats set-back lines or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines and any encroachments of adjacent improvements onto any Project, and shall comply with any requirements imposed by the Title Company as a condition to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address removal of the propertysurvey exception from the standard printed exceptions in Schedule B of the title commitments. Without limitation of the foregoing, contain the Surveys shall state the legal description of the propertyLand, and also contain a location sketch the square footage of the property; (c) show Land and each Building, the number and location of all improvements legal parking spaces on each parcel of Land, and shall further state whether any parcel of Land is located in an area designated by an agency of the United States as constructed on the property; (d) being subject to flood hazards or flood risks. Should any Survey indicate the location presence of any improvements on encroachments by or upon any Project, or other matters that do adversely affect the property with the dimensions in relations value or marketability of title to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street any Project, or property lines in the event that deed restrictionsother matters which do adversely affect Acquiror's use, recorded plats operation or zoning ordinances require same; (f) designate all courses and distances referred to in the legal descriptionfinancing of any Project, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property such matters shall be shown on considered Defects (provided the face of each surveyDefects Notice therefor is timely delivered), and the same cure provisions set forth in Subparagraph 6(e) below shall conform to the legal description contained in the title policy described belowapply.

Surveys. The Within sixty (60) days after the Closing Date, deliver to the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(m)(ii) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated not more than 180 days prior a date reasonably satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in reasonably satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (aA) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (B) the lines of streets abutting the sites and width thereof; (C) all access and other plottable easements appurtenant to the sites; (D) all roadways, paths, driveways, plottable easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (E) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building linessites; (eF) show measured distances from if the improvements site is described as being on a filed map, a legend relating the survey to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesaid map; and (gG) indicate the flood zone designationdesignations, if any, in which the property is Mortgaged Properties are located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey on behalf of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey Banks shall (a) be a current “as-built” survey showing satisfied that the location relevant Project Owner (or other Person who holds direct ownership interests in such Subsequent Project) shall have obtained all real estate rights necessary for construction and operation of such Subsequent Project other than (i) such rights as can be obtained through eminent domain proceedings or (ii) rights, the procurement of which, in the Technical Committee's reasonable judgment, is not subject to the discretion of any adjoining streets third party, and in the case of either clause (including their widths i) or (ii) above, the Technical Committee shall be satisfied that any rights which have not been obtained can be obtained without material difficulty or delay by the time they are needed, and any pavement or other improvements)(b) have received A.L.T.A. surveys of the Site and, easements (including unless not required by the recorded information Technical Committee, the Easements with respect to all recorded instruments)such Subsequent Project in existence on the Funding Date, satisfactory in form and substance to the Technical Committee and the Title Insurer, reasonably current and certified to the Technical Committee by a licensed surveyor satisfactory to the Technical Committee, showing (i) as to such Site, the mean high water base line or other legal boundary lines of any adjoining bodies of waterexact location and dimensions thereof, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show including the location of all improvements means of access thereto and all easements relating thereto and showing the perimeter within which all foundations are or are to be located; (ii) as constructed to such Easements in existence on the property; (d) indicate Funding Date, the exact location and dimensions thereof, including the location of any all means of access thereto, and all improvements or other encroachments in or on such Easements in existence on the property with the dimensions in relations to the lot and building linesFunding Date; (eiii) show measured distances from the improvements to be set back existing utility facilities servicing such Subsequent Project (including water, electricity, gas, telephone, sanitary sewer and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require samestorm water distribution and detention facilities); (fiv) designate all courses and distances referred to in the legal descriptionthat such existing improvements do not encroach or interfere with adjacent property or existing easements or other rights (whether on, above or below ground), and indicate the names of all adjoining owners on all sides of the propertythat there are no gaps, to the extent availablegores, projections, protrusions or other survey defects; (v) whether such Site or any portion thereof is located in a special earthquake or flood hazard zone; and (gvi) indicate that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than Permitted Encumbrances with respect to such Subsequent Project; provided, however, that the flood zone designation, if any, matters described in which the property is located. The legal description clauses (ii) and (v) of the applicable property shall this subsection (b) may be shown on the face of each surveyby separate maps, and the same shall conform surveys or other information reasonably satisfactory to the legal description contained in the title policy described belowTechnical Committee.

Surveys. The Administrative Agent Lender shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built received a current survey of the sites of the each Mortgaged Properties Property, certified to the Administrative Agent Title Company and the Title Insurance Company Lender and its successors and assigns, in a manner form and content reasonably satisfactory to themLender and prepared by a professional and properly licensed land surveyor reasonably satisfactory to Lender in accordance with the minimum standard detail requirements for A.L.T.A./A.C.S.M. Land Title Surveys 1992, dated not more than 180 days prior to and meeting the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis accuracy requirements of an earlier survey by an independent professional land surveyor licensed in Urban Survey as defined therein, except that the jurisdiction accuracy and precision requirements shall be modified to meet the current minimum technical accuracy requirements of the State in which the subject each such Mortgaged Property is located, and which maps or plats shall include and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys accurately show the following: each (A) the complete and correct legal description of the related Land as shown on the title insurance commitment or preliminary title report (NOTE: It must be possible to trace the legal description of the related Land on the survey shall by following the bearings and dimensions around the boundaries of the related Land); (aB) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instrumentseasements and of all unrecorded easements ascertainable by an inspection of the related Land, which benefit or burden the related Land (NOTE: All recorded easements are to be identified by a document recording number or by book and page numbers of recording); (C) all areas affected by any recorded restrictions or access limitations (NOTE: All such areas are to be identified by a document recording number or by book and page numbers of recording); (D) the location of all monuments designating corners and other boundaries of the related Land; (E) the point of commencement and point of beginning (located with reference to a specifically identifiable point) and the distances and bearings of all boundaries of the property and the location of all changes in bearing; (F) in the case of curved boundaries, complete curve data, including length of the mean high water base line or other legal boundary lines arc, and the chord distance and bearing; (G) the location of any all adjoining bodies of waterstreets, fencesroads, zoning or restriction setback lineshighways and alleys, with names, rights-of-wayway widths and distances from the related Land noted, utility lines and, if none adjoin the related Land, then the location of the nearest public street, road or highway and its distance from the related Land, together with the location of the private access easement thereto; (H) the location of public access to the points related Land and of connection all entrance drives and any encroachmentscurb-cuts; (bI) locate all means the exact dimensions of ingress any encroachments on the related Land and egress, certifying protrusions from the amount of acreage and square footage, indicate related Land; (J) a directional indicator showing North; (K) the street address of each improvement; (L) the property, contain the legal description zoning designation of the property, and also contain a location sketch related Land; (M) the dimensions of the propertyrelated Land; (cN) show the perimeter dimensions of each improvement and the location of each improvement as measured from the two (2) nearest property lines or other defined points and, depictions of any aboveground projections of buildings and other improvements beyond the ground level dimensions thereof; (0) the distance from the exterior face of any building to any applicable set-back line; (P) the number of stories of each structure; (Q) the location (and striping) of all paved parking areas and the number and dimension of parking spaces contained therein (including a breakdown as to the number of spaces for handicapped parking and the location of the spaces designated for handicapped parking); (R) the location of all curbing, walkways, sidewalks, driveways, and improvements such as constructed on swimming pools, tennis courts and the propertylike; (dS) indicate interior lot lines, if any; (T) all applicable municipal or private building set-back lines; (U) the location of any improvements on the property existing on-site and service lines for natural gas, telephone, electricity, water and sanitary and storm sewers, and their points of connection with the dimensions public system; (V) the area of the related Land, expressed in relations acreage and square feet; (W) the total net usable area of the related Land, exclusive of easements, roads and rights of way appurtenant to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal descriptionrelated Land, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designationencroachments, if any, over any adjoining land; (X) the square foot area of each building; (Y all entrances and exits to and from each building; (Z) any portion of the Land which is located in a flood plain or in any other flood hazard, mudslide hazard or flood danger area as designated by applicable governmental authorities; (AA) the scale to which the survey has been prepared and a legend which defines all abbreviations used therein; (BB) all survey revision dates; and, (CC) a surveyor's certificate, in form satisfactory to Lender and Lender's counsel. Notwithstanding anything to the contrary contained in this Section 7(c)(iii), no such survey shall be required to identify dimensions, markings or items which are either underground or otherwise not visible from above ground unless such information is filed of record in the county in which the property relevant Mortgaged Property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent shall have received, and the title insurance company companies issuing the each policy referred to in Section 5.1(p) below the immediately preceding paragraph (the “each, a "Title Insurance Company”") shall have received, received maps or plats of an as-built survey a perimeter or boundary of the sites site of each of the Mortgaged Properties certified properties covered by the mortgages or deeds of trust, dated a date satisfactory to the Administrative Agent and the relevant Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey Companies prepared by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedrelevant Title Insurance Companies, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, Mapping; and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, the maps or plats or surveys the following: each (i) the locations on such sites of all the buildings, structures and other improvements and the established building setback lines insofar as the foregoing affect the perimeter or boundary of such property; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building structures and improvements on the sites; and (vi) if the site is designated as being on a filed map, a legend relating the survey to said map. Further, the survey shall (ax) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines certified to the points of connection Agent and any encroachments; the Title Insurance Companies and (by) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of legend reciting as to whether or not the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions site is located in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the a flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowzone.

Surveys. The Administrative Agent Lender shall have received, and the title insurance company issuing the policy referred to in Section 5.1(psubsection 4.1(l) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by the Mortgage certified to the Administrative Agent Lender and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Lender and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Lender and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, HILCO and the title insurance company issuing the policy each Title Insurance Policy referred to in Section 5.1(p) below (the “Title Insurance Company”) immediately preceding paragraph shall have received, received maps or plats of an as-built survey a perimeter or boundary of the sites site of each of the Mortgaged Properties certified properties covered by the mortgages or deeds of trust, dated a date satisfactory to the Administrative Agent HILCO and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey relevant title insurance company prepared by an independent professional licensed land surveyor licensed in satisfactory to HILCO and the jurisdiction in which the subject Mortgaged Property is locatedrelevant title insurance company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, Mapping; and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, the maps or plats or surveys the following: each (i) the locations on such sites of all the buildings, structures and other improvements and the established building setback lines insofar as the foregoing affect the perimeter or boundary of such property; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, if recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building, structures and improvements on the sites; and (vi) if the site is designated as being on a filed map, a legend relating the survey to said map. Further, the survey shall (ax) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect certified to all recorded instruments)HILCO, the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to Company and the points of connection relevant title insurance company and any encroachments; (by) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of legend reciting as to whether or not the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions site is located in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the a flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowzone.

Surveys. The Administrative Agent shall have receivedBuyer, and the title insurance company issuing the policy referred at its expense, may choose to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an obtain current as-built survey surveys of the sites Owned Real Property (the "Surveys"). The Surveys shall meet the requirements of the Mortgaged Properties certified to the Administrative Agent an ALTA/ASCM survey and the Title Insurance Company otherwise be in a manner form and detail reasonably satisfactory to themBuyer. Unless otherwise determined by Buyer, dated not more than 180 days prior to the Closing Date unless Surveys shall (i) be currently dated; (ii) show the Title Insurance Company has agreed to delete its survey disclosure exception location on the basis Owned Real Property of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other all improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback linesevidences of abandoned fences, lakes, ponds, creeks, streams, rivers, easements, roads, and rights-of-way, utility lines ; (iii) identify all easements and rights-of-way by reference to the points of connection recording information applicable to the documents creating such easements or rights-of-way; (iv) show any encroachments onto the Owned Real Property from any adjacent property, any encroachments from the Owned Real Property onto adjacent property, and any encroachmentsencroachments into any easement or restricted area within the Owned Real Property; (bv) locate all existing improvements (such as buildings, power lines, fences, and the like); (vi) locate all dedicated public streets or other roadways providing access to the Owned Real Property, including all curb cuts and all alleys; (vii) locate all set-back lines and similar restrictions covering the Owned Real Property or any part thereof and any violations of such restrictions; and (viii) show thereon a legal description of the boundaries of the Owned Real Property by metes and bounds or other appropriate legal description. Each Survey shall contain the surveyor's certification to Buyer, Seller, and the Title Company that (i) the Survey was made on the ground; (ii) there are no visible or recorded easements, discrepancies, conflicts, encroachments, or overlapping of improvements except as shown on the Survey; (iii) the Survey correctly shows all visible or recorded easements or rights of way across the Owned Real Property or any other easements or rights of way of which the surveyor has been advised, including, without limitation, those matters affecting title reflected in the Title Commitment; (iv) the Survey correctly shows the location of all buildings, structures, and other improvements situated on the Owned Real Property; (v) the Survey conforms to all applicable minimum guidelines for surveys of comparable property as set forth in applicable laws, regulations, or professional standards; (vi) all streets abutting the Owned Real Property and all means of ingress to and egressegress from the Owned Real Property have been completed, certifying dedicated, and accepted for public maintenance by the amount of acreage relevant municipal body; (vii) except as shown thereon, the Owned Real Property is not located within the 100 year flood plain or other flood hazard area; (viii) the Survey is a true, correct, and square footage, indicate the address accurate representation of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availableOwned Real Property; and (gix) indicate such other matters as may be required by the flood zone designation, if any, in which Title Company to allow it to issue the property Title Policy. It is located. The legal description the intent of the applicable property shall be shown on parties that Buyer take the face lead role in obtaining the Surveys, with the cooperation and assistance of each survey, and the same shall conform to the legal description contained in the title policy described belowSeller.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”Company (defined below) shall have received, maps or plats of (A) an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage (including leasehold mortgages) certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting 57 the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building structures and improvements on the sites; and (vi) a legend relating to the survey, or (B) in lieu of an as-built” survey showing built survey, the location of Borrower or its Subsidiaries shall have delivered any adjoining streets (including their widths and any pavement affidavits or other improvements), easements (including documents required by the recorded information Title Insurance Company to insure the state of facts set forth in a survey which was previously included in a title insurance policy delivered by the Borrower or a Subsidiary to the Agent. Surveys delivered to the Agent in connection with the Existing Credit Agreement with respect to all recorded instruments), particular items of real property may be deemed by the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines Agent sufficient to the points of connection and any encroachments; comply with this paragraph (bo) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowfor such items.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the each policy referred to in Section 5.1(p) below the immediately preceding paragraph (the “Title Insurance Company”each, a "TITLE INSURANCE COMPANY") shall have received, received maps or plats of an as-built survey a perimeter or boundary of the sites site of each of the Mortgaged Properties certified properties covered by the mortgages or deeds of trust, dated a date satisfactory to the Administrative Agent and the relevant Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey prepared by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedrelevant Title Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, Mapping; and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, the maps or plats or surveys the following: each survey shall (ai) be a current “as-built” survey showing the location locations on such sites of any adjoining streets (including their widths all the buildings, structures and any pavement other improvements and the established building setback lines insofar as the foregoing affect the perimeter or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the such property; (cii) show the location lines of all improvements as constructed on streets abutting the propertysites and width thereof; (diii) indicate all access and other easements appurtenant to the location sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building structures and improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is designated as being on a filed map, if anya legend relating the survey to said map. Further, in which the property is located. The legal description of survey shall x) be certified to the applicable property shall be shown on the face of each survey, Agent and the same shall conform Title Insurance Company and y) contain a legend reciting as to whether or not the legal description contained site is located in the title policy described belowa flood zone.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p16(a) below hereof (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of each of the New Mortgaged Properties for which a map or plat of an as-built survey was not received by the Administrative Agent in connection with the EVI Credit Agreement certified to the Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated not more than 180 days prior a date reasonably satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in reasonably satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites necessary to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the each policy referred to in Section 5.1(p) below the immediately preceding paragraph (the “each, a "Title Insurance Company”") shall have received, received maps or plats of an as-built survey a perimeter or boundary of the sites site of each of the Mortgaged Properties certified properties covered by the Mortgages, dated a date satisfactory to the Administrative Agent and the relevant Title Insurance Company in a manner satisfactory to themCompany, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey prepared by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedrelevant Title Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without Mapping. Without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, the maps or plats or surveys the following: (i) the locations on such sites of all the buildings, structures and other improvements and the established building setback lines insofar as the foregoing affect the perimeter or boundary of such property; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building, structures and improvements on the sites; and (vi) if the site is designated as being on a filed map, a legend relating the survey to said map. Further, each survey shall (ax) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines certified to the points of connection Agent and any encroachments; the Title Insurance Company and (by) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of legend reciting as to whether or not the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions site is located in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the a flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described belowzone.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p8.1(o) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1962, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey Lead Arrangers shall (a) be a current “as-built” survey showing satisfied that Borrower has obtained all real estate rights necessary for construction and operation of the location Initial Projects other than (i) such rights as can be obtained through eminent domain proceedings, (ii) rights, the procurement of which, in the Lead Arrangers' reasonable judgment, is not subject to the discretion of any adjoining streets third party or (including their widths iii) rights which, in the Lead Arrangers' reasonable opinion, Borrower will be able to obtain at a cost and any pavement or other improvementsin a time frame consistent with the Project Budget and Project Schedule for such Project, and in the case of clause (i), easements (including ii) or (iii) above, the recorded information Lead Arrangers shall be satisfied that, any rights which have not been obtained can be obtained without material difficulty or delay by the time they are needed and (b) have received A.L.T.A. surveys of the Sites and, unless not required by Lead Arrangers, the Easements with respect to all recorded instruments)the Initial Projects in existence on the Closing Date, satisfactory in form and substance to the Lead Arrangers and the Title Insurer, reasonably current and certified to the Lead Arrangers by a licensed surveyor satisfactory to the Lead Arrangers, showing (i) as to such Sites, the mean high water base line or other legal boundary lines of any adjoining bodies of waterexact location and dimensions thereof, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show including the location of all improvements means of access thereto and all easements relating thereto and showing the perimeter within which all foundations are or are to be located; (ii) as constructed to such Easements in existence on the property; (d) indicate Closing Date, the exact location and dimensions thereof, including the location of any all means of access thereto, and all improvements or other encroachments in or on such Easements in existence on the property with the dimensions in relations to the lot and building linesClosing Date; (eiii) show measured distances from the improvements to be set back existing utility facilities servicing the Initial Projects (including water, electricity, gas, telephone, sanitary sewer and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require samestorm water distribution and detention facilities); (fiv) designate all courses and distances referred to in the legal descriptionthat such existing improvements do not encroach or interfere with adjacent property or existing easements or other rights (whether on, above or below ground), and indicate the names of all adjoining owners on all sides of the propertythat there are no gaps, to the extent availablegores, projections, protrusions or other survey defects; (v) whether such Sites or any portion thereof is located in a special earthquake or flood hazard zone; and (gvi) indicate that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than Permitted Encumbrances with respect to the flood zone designationInitial Projects; provided, if anyhowever, that the matters described in which the property is located. The legal description of the applicable property shall clause (v) may be shown on the face of each surveyby separate maps, and the same shall conform surveys, or other information reasonably satisfactory to the legal description contained in the title policy described belowLead Arrangers.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(s) below (the “"Title Insurance Company”") shall have received, maps or plats plans of an as-built survey of the sites of the owned Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 60 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey Each Survey shall (a) be a current “"as-built” " survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.from

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(pSECTION 5.1(R) below (the “Title Insurance Company”"TITLE INSURANCE COMPANY") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties that are used in connection with the Allied Business located in the United States of America, certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 30 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, dated not more than 2 years prior to the Closing Date by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “"as-built” " survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The To the extent not previously delivered to the Administrative Agent, the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(r) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties located in the United States of America, except as set forth on Schedule 5.1(a), certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 30 days prior to the Closing Date date on which the related Mortgage was executed unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, dated not more than 2 years prior to the date on which the related Mortgage was executed by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “"as-built” " survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The To the extent not previously delivered to the Administrative Agent, the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(n) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties located in the United States of America, except as set forth on Schedule 5.1(a), certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 30 days prior to the Closing Date date on which the related Mortgage was executed unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, dated not more than 2 years prior to the date on which the related Mortgage was executed by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the 77 address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Within 60 days after the Closing Date, which date may be extended in the sole discretion of the Administrative Agent, the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p6.19(b) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date them unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, dated not more than 2 years prior to the Closing Date by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located; provided that any earlier survey that Holdings proposes to use pursuant to the first clause of this sentence may omit one or more of the foregoing, provided that any such omissions and the other provisions of the Survey are acceptable to the Administrative Agent in its reasonable discretion. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Within 60 days after the Effective Date, the Borrower shall provide each of the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, Company with maps or plats of an as-built survey of the sites of the Mortgaged Properties owned real property covered by the Mortgages certified to the Administrative Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated not more than 180 days prior a date reasonably satisfactory to the Closing Date unless Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in reasonably satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites necessary to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if anya legend relating the survey to said map; and, in which the property is located. The legal description of Borrower shall enter into and cause to be recorded such amendments to the applicable property shall be shown on the face of each surveyMortgages, and the same shall conform deliver to the legal description Administrative Agent suitable accompanying endorsements of any related title insurance policies, as may be reasonably requested by the Administrative Agent to address new information contained in the title policy described below.such surveys..

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”Company (defined below) shall have received, maps or plats of (A) an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage (including leasehold mortgages) certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate a legend relating to the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and or (B) in lieu of an as-built survey, the same Borrower or its Subsidiaries shall conform have delivered any affidavits or other documents required by the Title Insurance Company to insure the state of facts set forth in a survey which was previously included in a title insurance policy delivered by the Borrower or a Subsidiary to the legal description contained in the title policy described belowAgent.

Surveys. The Administrative Agent Seller shall have receiveddeliver copies of all existing surveys, and if any, of the title insurance company issuing the policy referred Real Property to in Section 5.1(p) below (the “Title Insurance Company”) shall have receivedBuyer. Seller, maps or plats of an at Buyer’s expense, has obtained current as-built survey surveys of the sites Real Property (collectively, the “Surveys”) and has provided a copy of such surveys to Buyer. The Surveys meet the Mortgaged Properties certified to requirements of an ALTA/ASCM survey. The Surveys (i) are currently dated; (ii) show the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception location on the basis Real Property of an earlier survey by an independent professional land surveyor licensed in the jurisdiction in which the subject Mortgaged Property is located, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other all improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback linesevidences of abandoned fences, lakes, ponds, creeks, streams, rivers, easements, roads, and rights-of-way, utility lines ; (iii) identify all easements and rights-of-way by reference to the points of connection recording information applicable to the documents creating such easements or rights-of-way; (iv) show any encroachments onto the Real Property from any adjacent property, any encroachments from the Real Property onto adjacent property, and any encroachmentsencroachments into any easement or restricted area within the Real Property; (bv) locate all existing improvements (such as buildings, power lines, fences, and the like); (vi) locate all dedicated public streets or other roadways providing access to the Real Property, including all curb cuts and all alleys; (vii) locate all set-back lines and similar restrictions covering the Real Property or any part thereof and any violations of such restrictions; and (viii) show thereon a legal description of the boundaries of the Real Property by metes and bounds or other appropriate legal description. Each Survey shall contain the surveyor’s certification to Buyer, Seller, the Hospital Authority, and the Title Company that (i) the Survey was made on the ground; (ii) there are no visible or recorded easements, discrepancies, conflicts, encroachments, or overlapping of improvements except as shown on the Survey; (iii) the Survey correctly shows all visible or recorded easements or rights-of-way across the Real Property or any other easements or rights-of-way of which the surveyor has been advised, including, without limitation, those matters affecting title reflected in the Title Commitment; (iv) the Survey correctly shows the location of all buildings, structures, and other improvements situated on the Real Property; (v) the Survey conforms to all applicable minimum guidelines for surveys of comparable property as set forth in applicable laws, regulations, or professional standards; (vi) all means of ingress to and egressegress from the Real Property have been completed, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the propertydedicated, and also contain a location sketch of accepted for public maintenance by the propertyrelevant municipal authority; (cvii) show except as shown thereon, the location of all improvements as constructed on Real Property is not located within the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street 100 year flood plain or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the other flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.hazard

Surveys. The Administrative Agent As soon as practicable after the date hereof, Contributors shall have received, request updates to the most recent surveys of the Land and Improvements and shall deliver copies of such surveys to the Company and the title insurance company issuing the policy referred to in Section 5.1(p) below (the “Title Insurance Company”) . Each update shall have received, maps or plats of an as-built be a current "as built" ALTA/ACSM survey of the sites of the Mortgaged Properties certified to the Administrative Agent Land and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception Improvements made on the basis of an earlier survey ground and certified by an independent a professional land surveyor licensed in the jurisdiction state in which the subject Mortgaged Property Land is located, which maps or plats and located depicting: (i) the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality locations of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of waterexisting easements, fences, zoning encroachments, conflicts, protrusions, alleys, streets, roads, and rightsofway on or restriction setback lines, rights-of-way, utility lines adjacent to the points of connection and any encroachmentsLand which are visible on the ground or listed in the title commitment relating to the Property issued by the Title company (with recording information shown if applicable); (bii) locate accurately show the locations of all means of ingress existing improvements, monuments, sidewalks, driveways, parking lots and egress, certifying other visible items on the amount of acreage and square footage, indicate Land; (iii) accurately show all areas designated as being flood prone or subject to special flood hazards or other hazardous conditions according to the address most current official maps of the propertyFlood Insurance Administration, contain the legal Federal Emergency Management Agency or any other public or semipublic body charged with determining the existence of such conditions which has jurisdiction over the Properties; (iv) set forth a metes and bounds description of the propertyLand and, and also contain if applicable, a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations description by reference to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street a recorded plat or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablemap; and (gv) indicate contain a certification by the flood zone designationsurveyor in form reasonably acceptable and addressed to OP, if anyPOB, in which Lender and the property is locatedTitle Company, indicating that the survey was made on the ground and accurately shows all the matters required above. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description Land contained in the title policy described belowSurvey, once the correctness thereof has been confirmed by the parties hereto, shall be used as the description of the Land in the Title Policies and deeds to be delivered by Contributors to OP at Closing.

Surveys. The Administrative At the request of the Agent, the Agent shall have receivedreceived boundary line surveys of (i) the property leased by the Borrower and the Midstream Subsidiaries located in the States of Alaska, Arkansas, Colorado, New Mexico, Tennessee, and Wyoming, and such other states as may be designated by the title insurance company issuing Agent, (ii) the policy referred real property owned by Borrower and the Midstream Subsidiaries located in the States of Alaska, Arkansas, Colorado, New Mexico, Tennessee, and Wyoming, and such other states as may be designated by the Agent, other than the Gathering Systems which boundary line surveys shall in each case be (A) dated a date reasonably close to in Section 5.1(p) below (the “Title Insurance Company”) shall have received, maps or plats of an as-built survey date of the sites of Agreement (as determined by the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to themAgent), dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey (B) prepared by an independent professional licensed land surveyor licensed reasonably satisfactory to the Agent, (C) prepared in a manner reasonably acceptable to the jurisdiction in which Agent and (D) shall reflect that the subject Mortgaged Property is locatedbuildings, which maps or plats structures and other improvements necessary for the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established ownership and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, and, without limiting the generality operation of the foregoing, there shall processing plants purported to be surveyed and shown on such maps, plats or surveys the following: each survey shall (a) be a current “as-built” survey showing the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements located on the property with the dimensions in relations surveyed do not protrude on any adjoining property nor do any improvements located on land adjacent to the lot and building lines; (e) show measured distances from property surveyed encroach upon the property surveyed, which encroachments or protrusions in either case could reasonably be expected to adversely affect the ability of the Borrower or the Midstream Subsidiaries to own, maintain, operate or sell the property surveyed and/or the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names located thereon. The Agent shall have received a certificate of all adjoining owners on all sides an authorized officer of the property, to the extent available; Borrower certifying said boundary line surveys are true and (g) indicate the flood zone designation, if any, in which the property is located. The legal description correct as of the applicable property shall be shown on date of the face of each survey, and the same shall conform to the legal description contained in the title policy described belowAgreement. TO BE COMPLETED 60 DAYS AFTER REQUEST BY THE AGENT.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p5.1(t) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties Properties, certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 30 days prior to the Closing Restatement Effective Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey and such survey is, in any event, believed to accurately represent the improvements now existing, by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year 1999 and meeting the accuracy requirements as defined therein, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each Each survey shall (a) be a current “as-built” survey showing show the location of any adjoining streets (including their widths and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property, all of which shall be within the boundary lines of the property and conform to all applicable zoning ordinances, set-back lines and restrictions and the surveyor shall certify compliance with the foregoing; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent available; and (g) indicate the flood zone designation, if any, in which the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform to the legal description contained in the title policy described below.

Surveys. The Administrative Agent shall have received, and the title insurance company issuing the each ------- policy referred to in Section 5.1(p) below the immediately preceding paragraph (the “each, a "Title ----- Insurance Company”") shall have received, received maps or plats of an as-built survey a perimeter or boundary ---------- of the sites site of each of the Mortgaged Properties certified properties covered by the mortgages or deeds of trust, dated a date satisfactory to the Administrative Agent and the relevant Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior to the Closing Date unless the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey prepared by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Agent and the subject Mortgaged Property is locatedrelevant Title Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein, Mapping; and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, the maps or plats or surveys the following: each survey shall (ai) be a current “as-built” survey showing the location locations on such sites of any adjoining streets (including their widths all the buildings, structures and any pavement other improvements and the established building setback lines insofar as the foregoing affect the perimeter or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the such property; (cii) show the location lines of all improvements as constructed on streets abutting the propertysites and width thereof; (diii) indicate all access and other easements appurtenant to the location sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the sites, whether recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (v) any encroachments on any adjoining property by the building structures and improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is designated as being on a filed map, if anya legend relating the survey to said map. Further, in which the property is located. The legal description of survey shall x) be certified to the applicable property shall be shown on the face of each survey, Agent and the same shall conform Title Insurance Company and y) contain a legend reciting as to whether or not the legal description contained site is located in the title policy described belowa flood zone.

Surveys. The General Administrative Agent shall have received, and the title insurance company issuing the policy referred to in Section 5.1(p8.1(n) below (the “"Title Insurance Company”") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties property covered by each Mortgage certified to the General Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated not more than 180 days prior a date satisfactory to the Closing Date unless General Administrative Agent and the Title Insurance Company has agreed to delete its survey disclosure exception on the basis of an earlier survey by an independent professional licensed land surveyor licensed in satisfactory to the jurisdiction in which Administrative Agent and the subject Mortgaged Property is locatedTitle Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1997 or any subsequent year and meeting the accuracy requirements as defined therein1962, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: each survey shall (ai) be the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (ii) the lines of streets abutting the sites and width thereof; (iii) all access and other easements appurtenant to the sites or necessary or desirable to use the sites; (iv) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a current “as-built” survey showing physical inspection of the location of sites or otherwise known to the surveyor; (v) any encroachments on any adjoining streets (including their widths property by the building structures and any pavement or other improvements), easements (including the recorded information with respect to all recorded instruments), the mean high water base line or other legal boundary lines of any adjoining bodies of water, fences, zoning or restriction setback lines, rights-of-way, utility lines to the points of connection and any encroachments; (b) locate all means of ingress and egress, certifying the amount of acreage and square footage, indicate the address of the property, contain the legal description of the property, and also contain a location sketch of the property; (c) show the location of all improvements as constructed on the property; (d) indicate the location of any improvements on the property with the dimensions in relations to the lot and building lines; (e) show measured distances from the improvements to be set back and specified distances from street or property lines in the event that deed restrictions, recorded plats or zoning ordinances require same; (f) designate all courses and distances referred to in the legal description, and indicate the names of all adjoining owners on all sides of the property, to the extent availablesites; and (gvi) indicate if the flood zone designationsite is described as being on a filed map, if any, in which a legend relating the property is located. The legal description of the applicable property shall be shown on the face of each survey, and the same shall conform survey to the legal description contained in the title policy described belowsaid map.