Common use of Environmental Representations and Warranties Clause in Contracts

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) Environmental Site Assessment of the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”"ENVIRONMENTAL REPORT"), (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), to Borrower’s Knowledge, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws)Law) in all material respects, and (ii) de-minimis in amounts not in excess of that necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsProperty; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is in not, and Borrower has no Knowledge of and has not received any written notice or other communication relating to any existing threat of any Release of Hazardous Substances migrating to onto the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in all material respects in accordance with Environmental Law; (e) Borrower does not know ofthere are not, and Borrower has not received, any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to any of the following: (i) any Release or threatened Release of Hazardous Substances at, on or from the Property or the Remediation thereof, (ii) of possible liability of Borrower or any Person pursuant to any Environmental LawLaw arising out of or in connection with the Property, any Hazardous Substances or (iii) other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation Property that could reasonably be expected to result in the Borrower incurring material liability under any Environmental LawsLaw, or (iv) any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to LenderAdministrative Agent, in writing, any and all material information in Borrower’s or Mortgage Borrower’s possession or otherwise known or available to Borrower relating to any material environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including Properties or any reports relating to Releases or threatened Releases of Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertySubstances.

Environmental Representations and Warranties. Except as otherwise disclosed by Borrower represents and warrants, based upon an Environmental Report of each Individual Property and information that certain Phase I environmental report (Borrower knows or Phase II environmental reportshould reasonably have known, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), if any, and (ii) de-minimis either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the such Individual Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on herein or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to and approved by Lender in writing prior pursuant to the execution of the Loan Documentsan Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from any Individual Property except as described in the Property which has not been fully remediated in accordance with Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any Individual Property except as described in the PropertyEnvironmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with any Individual Property except as described in the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawReport; (e) Nor Borrower does not know knows of, and nor has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of Hazardous Materials in, on, under or from any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) any Individual Property is free of Mold in any condition, location or concentration that poses a risk to human health, or that could reasonably be expected to result in violation of Environmental Laws or impair the marketability of any Individual Property; and (g) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is or any Individual Property Owner or contained in Borrower’s or such Individual Property Owner’s files and records, including any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the each Individual Property or and/or to the environmental condition of or the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the presence of Mold at each Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportBorrower represents and warrants, if required) delivered to Lender by Borrower in connection with based upon the origination Environmental Report of the Loan (such report is referred to below as the “Environmental Report”)Property and information that Borrower knows or should reasonably have known, that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), if any, and (ii) de-minimis either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on herein or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to and approved by Lender in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving from the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is or contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), to Borrower’s Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination As of the Loan (such report is referred date hereof, the Issuer represents and warrants that, to below the best of any Responsible Environmental Person’s knowledge and belief after reasonable due inquiry, except as either disclosed on Schedule A attached hereto, or as provided to the “Noteholder prior to the date hereof or which would not reasonably be expected to give rise to material liabilities under Environmental Report”), Laws: (a) there are no Hazardous Substances or Materials and underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the tanks at each Collateral Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsLaw; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under Materials at the Mortgage Properties for which investigation or from the Property which has not been fully remediation is required by a Governmental Authority are being investigated and remediated in accordance material compliance with Environmental Law; (c) there is no non-compliance with current Environmental Laws; (d) to any Responsible Environmental Person’s actual knowledge after reasonable inquiry there is no known threat of any Release of Hazardous Substances Materials migrating to the any Collateral Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know no Responsible Environmental Person knows of, and nor has not any Responsible Environmental Person received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions inMaterials at, on, under or from any Collateral Property; (f) the Issuer and Guarantors have (1) disclosed to the Noteholder, in writing, (A) all outstanding notices or claims of alleged non-compliance with applicable Environmental Laws and (B) each Collateral Property that is known where investigation or remediation activities are ongoing, and (2) made available (or otherwise shall use diligent efforts to Borrower promptly make available) any and has provided to Lender all material information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances inadverse environmental conditions at, on, under or from the any Collateral Property that would reasonably be expected to result in material liabilities under Environmental Laws, including but not limited to any reports relating to Hazardous Materials at, on, under or from or migrating to or from any Collateral Property and/or to the environmental condition of any Collateral Property for which investigation or remediation is required by a Governmental Authority; (g) as of 5 p.m. EDT on July 9, 2009, Schedule A lists all Environmental Liens (as defined below) in regard to the PropertyCollateral Properties; (h) there is no judicial, administrative, or arbitral proceeding under or relating to any Environmental Law that is pending or, to the knowledge of the Issuer, threatened, naming the Issuer; (i) except as provided for in the Secured Note Documents and the Master Transaction Agreement, the Issuer has not entered into or agreed to any consent decree, order, or settlement or other agreement, or is subject to any judgment, decree, or order or other agreement, in any judicial, administrative, arbitral, or other forum for dispute resolution, relating to compliance with or liability under any Environmental Law; and (gj) there are no Institutional Controls except as provided for in the Secured Note Documents and the Master Transaction Agreement, the Issuer has not assumed or retained, by contract, any liabilities of any kind, fixed or contingent, known or unknown, under any Environmental Liens on Law or affecting the Propertywith respect to any Hazardous Materials.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I Borrower represents and warrants that, to Borrower’s Actual Knowledge, based solely upon an environmental report (or Phase II environmental reportsite assessment of the Properties, if required) delivered a copy of which has been furnished to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), except as otherwise disclosed or described in the Environmental Report: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental Lawany Individual Property; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Lawany Individual Property; (e) Borrower does not know of, and neither Borrower nor Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of Hazardous Materials in, on, under or from any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all material information relating to environmental conditions in, on, under or from the any Individual Property that is known to Borrower and has provided to Lender all information that is or Mortgage Borrower or contained in Borrower’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the any Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) to the best of Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; , to the extent such is contained in Borrower’s files and (g) there are records. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, no Institutional Controls hazardous wastes or Environmental Liens toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or affecting about the Propertyleased premises nor does Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), and (ii) de-minimis commercially reasonable amounts necessary to operate and maintain the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under (if required to be so permitted under) and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including a Governmental Authority) relating to Hazardous Substances or Remediation thereof with respect to the Property, of possible liability of any Person with respect to the Property pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s and/or Master Tenant’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) and to the best of Borrower’s knowledge: (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documentstheir respective Leases; (b) there are no past, present or threatened Releases of Hazardous Substances in violation of any Environmental Law in, on, under or from any of the Property Properties and which has not been fully remediated in accordance with Environmental Lawwould require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances migrating to any of the PropertyProperties which would require remediation by a Governmental Authority; (d) there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances in, on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and has provided to Lender all information that is or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except Borrower represents and warrants, based upon, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower described in connection with the origination an Environmental Report of the Loan Property (unless Borrower has actual knowledge that such report information disclosed in an Environmental Report is referred to below as the “Environmental Report”)inaccurate in any material respect) and information that Borrower knows or should reasonably have known, that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), if any, and (ii) de-minimis in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documentsherein; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental LawProperty; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to Hazardous Materials in, on, under or from the possible liability Property which would cause a violation of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving ; and (f) to the Property, any Hazardous Substances requiring Remediation under any extent not included in the Environmental Laws, or any actual or potential administrative or judicial proceedings Report prepared for Lender in connection with any of the foregoing; (f) Loan, Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is or contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Based upon an environmental assessment of the Property, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), Borrower represents and warrants that to Borrower's Knowledge (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all applicable Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no identified threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Borrower, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) of each Individual Property and to Borrower’s actual knowledge that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each Tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a Tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present material non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and has provided to Lender all information that is or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”"ENVIRONMENTAL REPORT"), to Borrower's Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower in connection with prior to the origination Closing Date (the "ENVIRONMENTAL REPORT") and to the best of the Loan (such report is referred to below as the “Environmental Report”), Borrower's knowledge: (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant's respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documentstheir respective Leases; (b) there are no past, present or threatened Releases of Hazardous Substances in violation of any Environmental Law in, on, under or from any of the Property Properties and which has not been fully remediated in accordance with Environmental Lawwould require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances migrating to any of the PropertyProperties which would require remediation by a Governmental Authority; (d) there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances in, on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and has provided to Lender all information that is or contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportBorrower represents and warrants, if required) delivered to Lender by Borrower in connection with the origination its knowledge based upon an Environmental Report of the Loan (such report is referred to below as the “Environmental Report”)Property and information that Borrower knows or should reasonably have known, that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), if any, and (ii) de-minimis either (A) in the case of Hazardous Materials, in amounts not in excess of that necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on herein or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to and approved by Lender in writing prior pursuant to the execution of the Loan Documentsan Environmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law or which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, received any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving from the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to material environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is or contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the each Individual Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the any Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase those reports listed on Schedule I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower attached hereto and made a part hereof in connection with the origination respect of the Loan Properties (such report is referred to below collectively as the “Environmental ReportReports”), copies of which have been provided to Indemnitee and/or Original Indemnitee, to Indemnitor’s knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Individual Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee and/or Original Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Reports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required under Environmental LawLaws; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the any Release or Remediation (defined below) of any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee and/or Original Indemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the each Individual Property that is actually known to Borrower any Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the each Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase those reports listed on Schedule I environmental report (or Phase II environmental report, if required) attached hereto and made a part hereof in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental ReportReport(s)”), a copy of which has been provided to Indemnitee, to Indemnitor’s actual knowledge, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report(s); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawLaws; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; . As used in this Agreement, the term “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and (g) there are no Institutional Controls or Environmental Liens on or affecting the Propertymetabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase those reports listed on Schedule II environmental report, if required) delivered to Lender by Borrower attached hereto and made a part hereof in connection with the origination respect of the Loan Properties (such report is referred to below collectively as the “Environmental ReportReports”), copies of which have been provided to Indemnitee, to Indemnitor’s knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Individual Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Reports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required under Environmental LawLaws; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the any Release or Remediation (defined below) of any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the each Individual Property that is actually known to Borrower any Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the each Individual Property.

Environmental Representations and Warranties. Except To the best of Borrower’s knowledge, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) Environmental Site Assessment of the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), Borrower hereby represents and warrants (a) to the best of Borrower’s knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property. “Environmental Law” means any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. Environmental Law includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any applicable state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. Environmental Law also includes, but is not limited to, any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the Property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other Person, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and (g) there are no Institutional Controls relating to wrongful death, personal injury, or Environmental Liens on property or affecting other damage in connection with any physical condition or use of the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that those certain Phase I environmental report reports (or Phase II environmental reportreports, if required) delivered to Lender by Borrower in connection with the origination respect of the Loan Property (such report is individually and/or collectively referred to below as the context may require as the “Environmental Report”), copies of which have been provided to, or received by, Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) to Indemnitor’s knowledge, there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no Indemnitor does not know of, and has not received any written notice from any Person (including but not limited to a governmental entity) relating to the threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present material non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved otherwise corrected in all material respects in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Property in violation of Environmental LawsLaw, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor or that has been provided to Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or the and/or to any environmental condition of the Property; and (gj) there are to Indemnitor’s knowledge, no Institutional Controls Hazardous Substances have been handled, manufactured, generated, stored or Environmental Liens processed on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase those reports listed on Schedule I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower attached hereto and made a part hereof in connection with the origination respect of the Loan Properties (such report is referred to below collectively as the “Environmental ReportReports”), copies of which have been provided to Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Reports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required under Environmental LawLaws; (e) Borrower does not know none of the Indemnitors and none of Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the any Release or Remediation (defined below) of any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor or Mortgage Borrower has is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor or Mortgage Borrower and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the each Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, in each case, except those that are (i) in material compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), or (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances Substances, which would require the same to be reported to Governmental Authorities or otherwise remediated, in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Propertyany Individual Property in violation of Environmental Law; (d) to Bxxxxxxx’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) Authority relating to Hazardous Substances or the possible Remediation thereof, in connection with any Individual Property, of alleged liability of any Person pursuant to any Environmental Law, in connection with any Hazardous Substances or other environmental conditions present at or otherwise involving the Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, in each case, which have not been remediated in accordance with Environmental Law or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (f) there are no Institutional Controls on or affecting any Individual Property; and (g) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower reports identified on Schedule I annexed hereto and obtained in connection with the origination of the Loan (such report is hereinafter referred to below as the “Environmental ReportReports”), a copy of which has been provided to Indemnitee, and to the best of Indemnitors’ knowledge, (aA) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report(s); (bB) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (dC) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawLaws; (eD) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to, a Governmental Authority) relating to the threat of any Release of Hazardous Substances migrating to the Property; (E) no Indemnitor knows of, nor has received, any written or oral notice or other communication from any Person (including, but not limited to, a Governmental Authority) relating to Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (fG) Borrower each Indemnitor has truthfully and fully disclosed delivered to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower such Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of such Indemnitor, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (gH) there no Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Mold is present on any building materials or surfaces at the Property for which any Governmental Authority recommends or requires removal thereof by remediation professionals, and Indemnitors are no Institutional Controls not aware of any conditions at the Property that are likely to result in the presence of Mold in the indoor air at concentrations that exceed ambient air levels or Environmental Liens on building materials or affecting surfaces that would require such removal. As used in this Agreement, the Propertyterm “Mold” means fungi that reproduces through the release of spores or the splitting of cells or other means, including, but not limited to, mold, mildew, fungi, fungal spores, fragments and metabolites such as mycotoxins and microbial organic compounds.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, in each case, except those that are (i) in material compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), or (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in material compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances Substances, which would require the same to be reported to Governmental Authorities or otherwise remediated, in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Propertyany Individual Property in violation of Environmental Law; (d) to Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawLaw or otherwise addressed in a manner so that no violation of Environmental Law exists in connection therewith; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including a Governmental Authority) Authority relating to Hazardous Substances or the possible Remediation thereof, in connection with any Individual Property, of alleged liability of any Person pursuant to any Environmental Law, in connection with any Hazardous Substances or other environmental conditions present at or otherwise involving the Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writingeach case, any and all information relating to environmental conditions in, on, under which have not been remediated in accordance with Environmental Law or from the Property otherwise addressed in a manner so that is known to Borrower and has provided to Lender all information that is contained no violation of Environmental Law exists in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Propertyconnection therewith; and (gf) there are no Institutional Controls or Environmental Liens on or affecting the any Individual Property.

Environmental Representations and Warranties. Except Based upon an environmental assessment of the Property and information that Borrower knows after due inquiry of the Manager, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) Environmental Site Assessment of the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “"Environmental Report”"), (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Pledgor represents and warrants, to the best of Pledgor’s knowledge, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower prior to the Closing Date and described in connection with the origination of the Loan Schedule 4.1.39 attached hereto and made a part hereof (such report is referred to below as the “Environmental ReportReports”), ) that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower Pledgor does not know of, and has not received and Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor or Mortgage Borrower and has provided to Lender all information that is or contained in Pledgor’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), to Borrower’s Knowledge, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws)Law) in all material respects, and (ii) de-minimis in amounts not in excess of that necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsProperty; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is not, and Borrower has no Knowledge of and has not received any written notice or other written communication relating to any existing threat of any Release of Hazardous Substances migrating to onto the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in all material respects in accordance with Environmental Law; (e) Borrower does not know ofthere are not, and Borrower has not received, received any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to to, any of the following: (i) any Release or threatened Release of Hazardous Substances at, on or from the Property or the Remediation thereof, (ii) of possible liability of Borrower or any Person pursuant to any Environmental LawLaw arising out of or in connection with Property, any Hazardous Substances or (iii) other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation Property that could reasonably be expected to result in the Borrower incurring material liability under any Environmental LawsLaw, or (iv) any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all material information in Borrower’s possession or otherwise known or available to Borrower relating to any material environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including Properties or any reports relating to Releases or threatened Releases of Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertySubstances.

Environmental Representations and Warranties. Except Borrower represents and warrants, to the best of Borrower’s knowledge, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower prior to the Closing Date and described in connection with the origination of the Loan Schedule 4.1.39 attached hereto and made a part hereof (such report is referred to below as the “Environmental ReportReports”), ) that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and has provided to Lender all information that is or contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of each Individual Property delivered to and approved by Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) and information that Borrower knows or should reasonably have known that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in material compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property, or (B) held by a tenant for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in, on, under or from any of the Property Properties in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to any of the PropertyProperties from any adjoining property; (d) there is no past or present material non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawProperties; (e) Borrower does has not know of, received and Mortgage Borrower has not received, any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to potential liability arising out of the possible liability release of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties which matter remains pending or has not be resolved or cured; and (f) Borrower has truthfully and fully disclosed made available to Lender, in writing, Lender copies of any and all information material reports relating to the environmental conditions condition of any of the Properties contained in Borrower’s or Mortgage Borrower’s files and records or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Materials in, on, under or from the Property that is known migrating to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition any of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that on those certain Phase I environmental report written reports identified on Schedule XI attached hereto and made a part hereof (or Phase II environmental reportcollectively, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “"Environmental Report”), ") of each Individual Property that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant's respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is no past or present or, to Borrower's knowledge prior non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does and Pledgor do not know of, and has not received and Mortgage Borrower has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has and Pledgor have truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Borrower and has provided to Lender all information that is Borrower, Mortgage Borrower, Pledgor or Operating Lessee or contained in Borrower’s 's, Mortgage Borrower's, Pledgor's or Operating Lessee's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) that (a) to Borrower’s knowledge, there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each Tenant’s respective business at such Individual Property as set forth in this Agreement which will their respective Leases, (B) held by a Tenant for sale to the public in its ordinary course of business, or (C) in a manner that does not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution contamination of the Loan Documents; applicable Individual Property or in a material adverse effect on the value, use or operations of the applicable Individual Property, (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require Remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) to Borrower’s knowledge, there is no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to, a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all material information relating to environmental conditions of the Properties known to Borrower or contained in Borrower’s files and records and known to Borrower, including but not limited to any reports relating to Hazardous Materials in, on, under or from the Property that is known migrating to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except Indemnitor hereby represents to and for the benefit of Indemnified Parties that, as of the date hereof and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), Reports: (a) to Indemnitor’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Property, except those that are both (i) in compliance with all Environmental Laws and in compliance with all permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) to Indemnitor’s knowledge, there are no past, past or present or threatened Releases of Hazardous Substances in, on, under or from the any Property which has have not been fully remediated in accordance with all Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the any threat of any Release migrating to any Property; (d) to Indemnitor’s knowledge, there is no past or present non-compliance with any Environmental Law, or with permits issued pursuant thereto, in connection with any Property which has not been fully remediated in accordance with all Environmental Laws; and (e) Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to Hazardous Substances or Remediation thereof in connection with any Property, of possible liability of any Person pursuant to any Environmental LawLaw in connection with any Property, any Hazardous Substances or other environmental conditions present at in connection with any Property or otherwise involving the Property, any Hazardous Substances requiring Remediation under other property previously owned or operated in common with all or any Environmental Lawspart of any Property (whether or not such property shall have been combined with all or any portion of any Property in a single property description), or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower . Indemnitor has truthfully and fully disclosed delivered to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the any Property that is known to Borrower and has provided to Lender all information that is contained Indemnitor (including any condition fully remediated in Borrower’s files and recordsaccordance with Environmental Laws), including any reports relating to Hazardous Substances in, on, under or from the any Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the any Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) to the best of Borrower’s knowledge after due inquiry, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), and (ii) de-de minimis amounts necessary to operate the Property for the purposes set forth in this Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental LawsLaw, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) to the best of Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant theretothereto (including, but not limited to, the payment of any fees required in connection therewith), in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; , to the extent such is contained in Borrower’s files and (g) there are records. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, and except as set forth in such Environmental Report, no Institutional Controls hazardous wastes or Environmental Liens toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or affecting about the Propertyleased premises nor does Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I Borrower represents and warrants, based upon an environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination site assessment of the Loan (such report is referred to below as the “Environmental Report”)Property and information that Borrower knows or should reasonably have known, that: (a) there are no Hazardous Substances Materials (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to and approved by Lender in writing prior pursuant to the execution written reports resulting from the environmental site assessments of the Loan DocumentsProperty delivered to Lender (the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a governmental authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving from the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is or contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or and/or to the environmental condition of the Property. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, that apply to Borrower or the Property and relate to Hazardous Materials, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act. "Hazardous Materials" shall mean petroleum and petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives; flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any form that is or could become friable; underground or above-ground storage tanks, whether empty or containing any substance; any substance the presence of which on the Property is prohibited by any federal, state or local authority; any substance that requires special handling; and (g) there are no Institutional Controls any other material or substance now or in the future defined as a "hazardous substance," "hazardous material," "hazardous waste,""toxic substance," "toxic pollutant," "contaminant," "pollutant" or other words of similar import within the meaning of any Environmental Liens on Law. "Release" of any Hazardous Materials includes but is not limited to any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or affecting the Propertyother movement of Hazardous Materials.

Environmental Representations and Warranties. Except Borrower represents and warrants, to the best of Borrower's knowledge (after due inquiry and investigation) and additionally based upon the environmental site assessment report of the Property (the "ENVIRONMENTAL REPORT"), that except as otherwise fully disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) in the Environmental Report delivered to Lender and approved by Borrower in connection with the origination of the Loan Lender: (such report is referred to below as the “Environmental Report”), (ai) there are no Hazardous Substances Materials (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks affecting the Property ("AFFECTING THE PROPERTY" shall mean "in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generatedunder, stored, processed, used or disposed of on migrating to or released or discharged from the Property") except for (A) routine office, except those cleaning, janitorial and other materials and supplies necessary to operate the Property for its current use and (B) Hazardous Materials that are (i1) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Lawsdefined below), (ii2) de-minimis have all required permits, and (3) are in only the amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsProperty; (bii) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated Materials in accordance with Environmental Law; (c) there is no threat violation of any Release of Hazardous Substances migrating to Environmental Law affecting the Property; (diii) there is no past or present non-compliance with or liability under any Environmental Laws, Laws or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (eiv) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) person relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving Materials affecting the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fv) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from affecting the Property that is known to Borrower and has provided to Lender all information that is or contained in Borrower’s files 's files. "ENVIRONMENTAL LAW" means any present and recordsfuture federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and other government directives or requirements, as well as common law, that apply to Borrower or the Property and relate to Hazardous Materials including the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act. "HAZARDOUS MATERIALS" shall mean petroleum and petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives, flammable materials; radioactive materials; polychlorinated biphenyls ("PCBs") and compounds containing them; lead and lead-based paint; asbestos or asbestos-containing materials in any reports relating to Hazardous Substances inform that is or could become friable; underground or above-ground storage tanks, on, under whether empty or from containing any substance; any substance the presence of which on the Property is prohibited by any federal, state or the environmental condition of the Propertylocal authority; any substance that requires special handling; and (g) there are no Institutional Controls any other material or substance now or in the future defined as a "hazardous substance," "hazardous material", "hazardous waste", "toxic substance", "toxic pollutant", "contaminant", or "pollutant" within the meaning of any Environmental Liens on Law. "RELEASE" of any Hazardous Materials includes any release, deposit, discharge, emission, leaking, spilling, seeping, migrating, pumping, pouring, escaping, dumping, disposing or affecting the Propertyother movement of Hazardous Materials.

Environmental Representations and Warranties. Except as otherwise disclosed by that those certain Phase I environmental report reports (or Phase II environmental reportreports, if required) in respect of the Property delivered to Lender Indemnitee by Borrower in connection with the origination of the Loan Indemnitor (such report is collectively referred to below as the “Environmental Report”), copies of which have been provided to Indemnitee, Indemnitor represents and warrants that (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws Law (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental LawsLaw, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except To the best of Borrower’s knowledge, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) Environmental Site Assessment of the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), Borrower hereby represents and warrants (a) to the best of Borrower’s knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property and/or to the environmental condition of the Property.”Environmental Law” means any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. Environmental Law includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any applicable state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including but not limited to Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. Environmental Law also includes, but is not limited to, any present and future federal, applicable state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law: conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the Property; requiring notification or disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other Person, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and (g) there are no Institutional Controls relating to wrongful death, personal injury, or Environmental Liens on property or affecting other damage in connection with any physical condition or use of the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I Borrower represents and warrants, to the best of Borrower’s knowledge and additionally based upon the environmental site assessment report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan Property prepared by ATC Associates Inc., dated February 21, 2011 (such report is referred to below as the “Environmental Report”), that except as disclosed in the Environmental Report: (ai) there are no Hazardous Substances Materials (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks affecting the Property (“affecting the Property” shall mean “in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generatedunder, stored, processed, used or disposed of on migrating to or released or discharged from the Property”) except for (A) routine office, except those cleaning, janitorial and other materials and supplies necessary to operate the Property for its current use and (B) Hazardous Materials that are (i1) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Lawsdefined below), (ii2) de-minimis have all required permits, and (3) are in only the amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsProperty; (bii) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from Materials in violation of any Environmental Law affecting the Property except for Releases which has not have been fully remediated in accordance with Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (diii) there is no past or present non-compliance with or liability under any Environmental Laws, Laws or with permits issued pursuant thereto, in connection with the Property (or operations thereon) thereto except for Releases which has not have been fully remediated or resolved in accordance with Environmental LawLaws; (eiv) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) person relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving Materials affecting the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fv) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition violations of the Property; and (g) there are no Institutional Controls or Environmental Liens on or Laws affecting the Property.Prudential Loan No. 706108495 Clarendon Center/Deed of Trust

Environmental Representations and Warranties. Except To the best of Indemnitor's knowledge, based upon the Environmental Reports (as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if requiredhereinafter defined) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)and after due inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution written reports described on Schedule B hereto resulting from the environmental assessments of the Loan DocumentsProperty delivered to Indemnitee (the "Environmental Reports"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReports; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Reports; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved Property, except as described in accordance with the Environmental LawReports; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to, a Governmental Authoritygovernmental entity) relating to the possible Hazardous Substances or Remediation (defined below) thereof, of liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents and warrants that, except as otherwise disclosed by that certain Phase I environmental report prepared by LandAmerica Assessment Corporation, dated September 13, 2006, (or Phase II environmental report, if requiredrequired by Lender) with respect to the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is hereinafter referred to below as the “Environmental Report”), to Borrower’s knowledge; (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all applicable Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated as required by Environmental Laws in accordance with Environmental Law; (c) there is no written notice or other such communication exists from any Person (including but not limited to a Governmental Authority) relating to any threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present material non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required by Environmental LawLaws; (e) Borrower does not know of, and has not received, any no written or oral notice or other such communication exists from any Person (including but not limited to a Governmental Authority) relating to the possible a Release of Hazardous Substances or Remediation (defined below) thereof, of liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed delivered to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Borrower relating to environmental conditions at the Property, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Original Lender by Borrower in connection with the origination of the Loan or provided to Original Lender in writing prior to the Closing Date (such report is reports are referred to below as the “Environmental Report”), to Borrower’s actual knowledge (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know has no knowledge of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible Hazardous Substances or Remediation thereof, of liability of Borrower or any other Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating records that is pertaining to Hazardous Substances in, on, under or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Propertysuch conditions.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of each Individual Property delivered to and approved by Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) and information that Borrower knows or should reasonably have known that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are both (i) in material compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property, or (B) held by a tenant for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in, on, under or from any of the Property Properties in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to any of the PropertyProperties from any adjoining property; (d) there is no past or present material non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawProperties; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to potential liability arising out of the possible liability release of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties which matter remains pending or has not been resolved or cured; and (f) Borrower has truthfully and fully disclosed made available to Lender, in writing, Lender copies of any and all information material reports relating to the environmental conditions condition of any of the Properties contained in Borrower’s files and records or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Materials in, on, under or from the Property that is known migrating to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or the environmental condition any of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that those certain Phase I environmental report reports (or Phase II environmental reportreports, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the such Individual Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the such Individual Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) to the best of each Individual Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) to the best of each Individual Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) to the best of each Individual Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) no Individual Borrower does not know knows of, and nor has not any Individual Borrower received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with its respective Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) each Individual Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the its respective Individual Property that is known to such Individual Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports has been requested by Lender relating to Hazardous Substances in, on, under or from the such Individual Property or and/or to the environmental condition of such Individual Property, to the Property; extent such is contained in such Individual Borrower’s files and (g) there are records. To each Individual Borrower’s actual knowledge based on the applicable Environmental Report delivered to Lender in connection herewith, no Institutional Controls hazardous wastes or Environmental Liens toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or affecting about the Propertyleased premises nor does any Individual Borrower have any knowledge of any tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (ai) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (iA) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (iiB) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Mortgage Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iiiC) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (bii) there are no past, present or threatened Releases by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to the knowledge of any of the foregoing, any other Person of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (ciii) there is no threat of any Release of Hazardous Substances by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to the knowledge of any of the foregoing, any other Person migrating to the Property; (div) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant theretothereto by Mortgage Borrower, any Affiliate of Borrower or Mortgage Borrower, any Affiliated Manager or any respective Affiliate of the foregoing or, to Borrower’s or Mortgage Borrower’s knowledge, any other Person, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (ev) neither Borrower does not know nor Mortgage Borrower knows of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fvi) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower or Mortgage Borrower and any of their Affiliates and has provided to Lender all information that is contained in Borrower’s and Borrower’s Affiliates’ files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or Propery and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except To the best of Borrower's knowledge, and except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) Environmental Site Assessment of the Property delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”"ENVIRONMENTAL REPORT"), Borrower hereby represents and warrants (a) to the best of Borrower's knowledge, based on the Environmental Report, there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or or, to the best of Borrower’s knowledge, threatened Releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise previously disclosed by Indemnitor to Indemnitee in writing or specifically described in that certain Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental Report”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary fully and specifically described to operate Indemnitee in writing pursuant to the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on Environmental Report or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully previously disclosed to Lender Indemnitee in writing prior to the execution of the Loan Documentswriting; (b) there are no past, present or or, to the best of Indemnitor’s knowledge, after due inquiry, threatened Releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Indemnitor’s knowledge, after due inquiry, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property in violation of any Environmental Law which would require Remediation (or operations thereonas defined below) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including including, but not limited to a Governmental AuthorityAuthority having jurisdiction over Indemnitor or the Property) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of relating to Hazardous Substances or Remediation thereof at the foregoingProperty; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information and documentation in Indemnitor’s possession or control relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsIndemnitor, including but not limited to any reports reports, correspondence, claims, notices of violation or other information and documentation relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Borrower represents, warrants and covenants, as otherwise to itself and the Property, other than as disclosed by that certain Phase I to Lender in the environmental report (or Phase II environmental report, if requiredreport(s) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), Loan: (a) to Borrower’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will do not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documentsrequire Remediation; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under under, from or from affecting the Property which has have not been fully remediated Remediated in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no Release or threat of any Release of Hazardous Substances which has migrated or is migrating to the Property; (d) to Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved Remediated in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including a Governmental Authority) relating to Hazardous Substances or the Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Borrower, including any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except Each Borrower represents and warrants, except as otherwise specifically disclosed by that in those certain Phase I environmental report (or Phase II environmental report, if required) delivered Environmental Reports identified on Schedule 6.37 with respect to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), each Collateral Property that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyCollateral Properties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Collateral Property for the purposes or each tenant's respective business at such Collateral Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawCollateral Properties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyCollateral Properties; (d) there is no past or present or, to any Borrower's knowledge, prior non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawCollateral Properties; (e) each Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to Hazardous Materials located or Released in, on, under or from any of the possible liability of any Person pursuant Collateral Properties or relating to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoingLiability; and (f) each Borrower has truthfully and fully disclosed provided to LenderAdministrative Agent, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Collateral Properties known to such Borrower and has provided to Lender all information that is or contained in such Borrower’s 's files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Collateral Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyCollateral Properties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportTo the best of Indemnitor’s knowledge, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)after due inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (thereto, except any non-compliance which, individually and in the aggregate, could not reasonably be expected to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Lawshave a Material Adverse Effect, and (iiiii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution written report(s) resulting from the environmental assessment(s) of the Loan DocumentsProperty delivered to Indemnitee (such report(s) are identified in Exhibit B attached hereto and are referred to below collectively as the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved Property, except as described in accordance with the Environmental LawReport; (e) Borrower does not know Indemnitor has no actual knowledge of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing, except as described in the Environmental Report; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except To Borrower’s actual knowledge, except as otherwise disclosed by that certain each Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the any Individual Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the each Individual Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the any Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by Landlord represents and warrants to Tenant, to the best of Landlord’s knowledge, that certain Phase I environmental report prior to April 1, 2002, (i) no hazardous material has emanated from the property of which the Leased Area is a part; (ii) no hazardous material has been disposed of or Phase II environmental report, if requiredreleased upon the property of which the Leased Area is a part; (iii) delivered to Lender by Borrower except for hazardous material used in connection with the origination ordinary course of the Loan (such report business activities conducted at the property of which the Leased Area is referred to below as the “Environmental Report”)a part, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas in, on, or under the Property and no Hazardous Substances have hazardous material has been handled, manufacturedused, generated, handled, transported or stored at the property of which the Leased Area is a part; and (iv) any hazardous material used in the ordinary course of the business activities conducted at the property of which the Leased Area is a part has been generated, used, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) handled and removed in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which environmental laws. Landlord will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings indemnify Tenant in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lendervoluntary or involuntary action by, against or involving Tenant that, in writingany way, results from or relates to any and all information relating to environmental conditions in, on, under breach of Landlord’s representations in this paragraph or from the Property that is known to Borrower and has provided to Lender all information that is contained discovery or removal of any hazardous material upon, over, under, in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or emanating from the Property property of which the Leased Area is a part that was not or is not deposited, installed or permitted to be placed or disposed of upon, over, in or under the environmental condition property of which the Property; and (g) there are no Institutional Controls Leased Area is a part by or Environmental Liens on behalf of Tenant, whether or affecting the Propertynot Landlord has knowledge of its presence.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Property delivered to and approved by Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) and information that Borrower knows or should reasonably have known that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in material compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the Property or each tenant’s respective business at the Property, or (B) held by a tenant for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in, on, under or from the Property in material violation of any Environmental Law and which has not been fully remediated in accordance with Environmental Lawwould be reasonably likely to require remediation by a Governmental Authority; (c) there is no threat of any Release of Hazardous Substances Materials in material violation of Environmental Law migrating to the PropertyProperty from any adjoining property; (d) there is no past or present material non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to the possible potential liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any arising out of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions release of Hazardous Materials in, on, under or from the Property that is known to which matter remains pending or has not been resolved or cured; and (f) Borrower has truthfully and has provided fully made available to Lender copies of any and all information that is material reports relating to the environmental condition of the Property contained in Borrower’s files and recordsrecords or within Borrower’s custody or control, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that those certain Phase I environmental report reports (or Phase II environmental reportreports, if requiredrequired by Indemnitee) with respect to each Property delivered to Lender Indemnitee by Borrower Indemnitors in connection with the origination of the Loan (such report is hereinafter referred to below individually as an “Environmental Report” and collectively as the “Environmental ReportReports”), ) (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the either Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan Documentsapplicable Environmental Report; (b) there are no past, present or or, to Indemnitors’ knowledge, threatened Releases (defined below) of Hazardous Substances in, on, under or from the either Property which has have not been fully remediated remediated, if required, in accordance with Environmental LawLaws; (c) there is no neither Borrower knows of, nor has received, any written or oral notice or other communication from any Person (including, but not limited to, a Governmental Authority) relating to the threat of any Release of Hazardous Substances migrating to the either Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the either Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know no Indemnitor knows of, and nor has not received, any written or oral notice or other communication from any Person (including including, but not limited to, a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with either Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower each Indemnitor has truthfully and fully disclosed delivered to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the either Property that is known to Borrower such Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of such Indemnitor, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the either Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the either Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases releases of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating 156506983 to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportTo the best of Indemnitor's knowledge, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)after due inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of Environmental Reports delivered to Indemnitee with respect to the Property pursuant to the Loan DocumentsAgreement and more fully described on Exhibit B attached hereto; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (Property, and there are no circumstances that may prevent or operations thereon) which has not been fully remediated or resolved interfere with such compliance in accordance with the future, except as described in the Environmental LawReport; (e) Borrower Indemnitor does not know of, and has not received, received any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) of possible liability relating to Hazardous Substances or Remediation (defined below) of Hazardous Substances in, on or under the possible liability of Property, from any Person person or entity pursuant to any Environmental Law, non-compliance with any Hazardous Substances or Environmental Law, other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower the Property is not (i) listed or proposed for listing on the National Priorities List, CERCLIS, or any analogous list maintained by any governmental entity of sites that may require investigation or cleanup, (ii) the subject of any investigation or cleanup or is or has been the subject of a CERCLA Section 104(e) notice, or (iii) subject to any restrictions on ownership, occupancy, use or transferability under any Environmental Law; (g) Indemnitor has not received any notice of potential liability with respect to any site other than the Properties arising from Hazardous Substances generated, stored, treated, disposed of, or transported at or from the Properties; and (h) Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), (a) to Borrower’s knowledge, there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), and (ii) de-de minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan DocumentsLaw; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Borrower’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has truthfully and fully disclosed to Lender, in writingwriting (including the Environmental Report), any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including any reports relating to Hazardous Substances in, on, under or from the Property or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except As of August 8, 2007, Pledgor represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower prior to August 8, 2007 and described in connection with the origination of the Loan Schedule 4.1.40 attached hereto and made a part hereof (such report is referred to below as the “Environmental ReportReports”), ) that: (a) there are were no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are were both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawswere required), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are were no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is was no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is was no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) none of Pledgor, Mezzanine A Borrower, Mezzanine B Borrower, Mezzanine C Borrower does not or Mezzanine D Borrower know of, and has not received and Mortgage Borrower had not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor, Mezzanine A Borrower, Mezzanine B Borrower, Mezzanine C Borrower, Mezzanine D Borrower and has provided to Lender all information that is or Mortgage Borrower or contained in Pledgor’s, Mezzanine A Borrower’s, Mezzanine B Borrower’s, Mezzanine C Borrower’s, Mezzanine D Borrower’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)Reports, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior to the execution of the Loan Documents; (b) to Borrower’s knowledge, there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the any Individual Property which has not been fully remediated in all material respects in accordance with Environmental Law; (c) to Borrower’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in all material respects in accordance with Environmental Law; (e) Borrower does not know none of Borrower, Equity Owner, Mortgage Borrower, Operating Lessee Pledgor or Operating Lessee knows of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower each of Borrower, Equity Owner, Mortgage Borrower, Operating Lessee Pledgor and Operating Lessee has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property Properties that is known to Borrower any such Person and has provided to Lender all information that is contained in Borrowerany such Person’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportTo the best of each Indemnitor’s knowledge, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)after due inquiry, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of Environmental Report (as defined in the Loan DocumentsSecurity Instrument); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved Property, except as described in accordance with the Environmental LawReport; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower any such Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of any such Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by Borrower represents and warrants, that certain Phase I environmental report (to the best of its knowledge and based upon information that Borrower knows or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), should reasonably have known (a) there are no Hazardous Substances (as defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (as defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender in writing prior pursuant to the execution written reports resulting from the environmental assessments of the Loan DocumentsProperty delivered to Lender (the “Environmental Report”); (b) there are no past, present or threatened Releases (as defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to, a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (as defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or to the environmental condition of the Property. “Environmental Law” means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. “Environmental Law” includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and Community Right-to-Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (including, but not limited to, Subtitle I relating to underground storage tanks); the Solid Waste Disposal Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Endangered Species Act; the National Environmental Policy Act; and (g) there are no Institutional Controls the River and Harbors Appropriation Act. “Environmental Law” also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or Environmental Liens on other approval of a governmental authority of the environmental condition of the property; requiring notification or affecting disclosure of Releases of Hazardous Substances or other environmental condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements in connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property.; and relating to wrongful death, personal injury, or property or other damage in connection with any

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered on Schedule 1 attached hereto and made part hereof with respect to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”)Property, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), or (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior to the execution of the Loan Documentsin Schedule 1; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under under, or from the Property which has either have not been fully remediated in accordance with Environmental Law or which currently violate applicable Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property that is reasonably likely to result in a requirement to remediate the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (which remain outstanding or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Lawunresolved; (e) Borrower does Indemnitors have not know of, and has not received, received any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving Law in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, which could reasonably be expected to give rise to liability or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed Indemnitors have provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsIndemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase certainPhase I environmental report (or Phase II environmental report, if required) delivered to Lender Beneficiary by Borrower Grantor in connection with the origination of the Loan (such report is referred to below as the “"Environmental Report”"), (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Secured Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Beneficiary in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or to Borrower's knowledge, threatened Releases (defined below) of Hazardous Substances in, on, under or from the Secured Property which has not been fully remediated in accordance with Environmental Law; (c) to Borrower's knowledge there is no threat of any Release of Hazardous Substances migrating to the Secured Property; (d) to Borrower's knowledge there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Secured Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Grantor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Secured Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Grantor has truthfully and fully disclosed provided to LenderBeneficiary, in writing, any and all information relating to environmental conditions in, on, under or from the Secured Property that is known to Borrower Grantor and has provided to Lender all information that is contained in Borrower’s Grantor's files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Secured Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Secured Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, except as otherwise disclosed by set forth in that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination Environmental Site Assessment of the Loan (such report is referred to below as the “Property dated March 30, 1999, prepared by Environmental Report”)Management Group, and information that Borrower knows, that: (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws)thereto, (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Lawsif any, and (iiiii) fully disclosed to Lender in writing prior pursuant to the execution written reports resulting from the environmental assessments of the Loan DocumentsProperty delivered to Lender (the "Environmental Report"); (b) there are no past, past or present or threatened Releases (defined below) of Hazardous Substances in violation of any Environmental Law or which would require Remediation (defined below) by a Governmental Authority in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (ed) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including including, but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (fe) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including including, but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property. "Environmental Law" means any present, and for the purposes of Sections 12.2. 12.3 and 13.4 only, future, federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency Planning and (g) there are no Institutional Controls or Environmental Liens on or affecting Community Right-to-Know Act; the Property.Hazardous Substances Transportation Act; the Resource

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I (I) Borrower represents and warrants, based upon an environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination assessment of the Loan Property and information that Borrower knows (such report is referred to below as which for purposes hereof will mean the “Environmental Report”), actual knowledge of Xxxx Xxxxxxxxxxx and Xxxxxxx Xxxxxx) that: (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with with, if required, Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), or (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender by Borrower in writing prior or pursuant to the execution written reports resulting from the environmental assessments of the Loan DocumentsProperty delivered to Lender (the “Environmental Report”); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no likely threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved except as described in accordance with the Environmental LawReport; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to any unlawful accumulations of Hazardous Substances or Remediation (defined below) thereof on the Property, or of possible liability of any Person person or entity pursuant to violation of any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving Law in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower (which for purposes hereof will mean the actual knowledge of Xxxx Xxxxxxxxxxx and has provided to Lender all information Xxxxxxx Xxxxxx) and that is contained in Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.and

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental reportThe Indemnitors represent and warrant that, if required) delivered to Lender by Borrower in connection with the origination best knowledge of the Loan (such report is referred to below as the “Environmental Report”), Indemnitors: (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, above, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws)thereto, (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Lawsif applicable, and (iiiii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution written report(s) resulting from the environmental assessment(s) of the Loan DocumentsProperty delivered to Indemnitee (such report(s) are identified in Exhibit B attached hereto and are hereinafter referred to collectively as the "Environmental Report"); (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, above, under or from the Property which has not been fully remediated except as described in accordance with the Environmental LawReport; (c) there is no threat of any Release of Hazardous Substances migrating to the PropertyProperty except as described in the Environmental Report; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved Property, except as described in accordance with the Environmental LawReport; (e) Borrower does Indemnitors do not know of, and neither of the Indemnitors has not received, nor has knowledge of the receipt by any prior tenant of, any written or oral notice or other communication from any Person person or entity (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person person or entity pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, above, under or from the Property that is known to Borrower and has provided to Lender all information Indemnitors or that is contained in Borrower’s files and recordsrecords of the Indemnitors, including but not limited to any reports relating to Hazardous Substances in, on, above, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental Report”), a copy of which has been provided to Indemnitee, (a) to Indemnitor’s knowledge, there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) to Indemnitor’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to Indemnitor’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Indemnitor’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) to Indemnitor’s knowledge, the Property currently displays no evidence of water infiltration or water damage, (h) to Indemnitor’s knowledge, there are no Institutional Controls prior or Environmental Liens on current complaints by tenants at the Property regarding water infiltration or affecting water damage or leaks or odors related thereto, and (i) the PropertyProperty currently displays no conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I Environmental Site Assessment dated November 27, 2018, prepared by EBI Consulting with EBI Project No. 1118006631 (or by any prior Phase I environmental reports referenced therein) and any other environmental report (or Phase II environmental report, if required) with respect to the Premises delivered to Lender by Borrower Indemnitee in connection with the origination of the Loan (such report is referred to below as collectively, the “Environmental Report”), to Indemnitor’s knowledge after due inquiry: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyPremises, except those that are both (i) in compliance with all Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances Materials in, on, under or from the Property which has Premises that have not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyPremises; (d) there is no past or present material non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which Premises that has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including a Governmental Authority) Authority relating to the Release or Remediation of Hazardous Materials, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property Premises that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or from the Property or Premises and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyPremises.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental that/those report (or Phase II environmental report, if requireds) listed on SCHEDULE I attached hereto and made a part hereof in respect of each Individual Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “"Environmental Report”Report(s)"), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report(s); (b) there are no past, present or or, to Indemnitor's best knowledge, threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with Environmental LawLaws; (c) to Indemnitor's best knowledge, there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawLaws; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental LawLaws, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or or, to Indemnitor's best knowledge, potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the each Individual Property that is known to Borrower any Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the any Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the any Individual Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase those reports listed on Schedule II environmental report, if required) delivered to Lender by Borrower attached hereto and made a part hereof in connection with the origination respect of the Loan Properties (such report is referred to below collectively as the “Environmental ReportReports”), copies of which have been provided to Indemnitee and/or Original Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee and/or Original Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Reports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required under Environmental LawLaws; (e) Borrower does not know none of the Indemnitors and none of the Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the any Release or Remediation (defined below) of any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor or Mortgage Borrower has is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee and/or Original Indemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor or Mortgage Borrower and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the each Individual Property; and . 3 Environmental Indemnity Agreement (gMezzanine) there are no Institutional Controls or Environmental Liens on or affecting the Property.Berkadia Loan No. 00-0000000 & 00-0000000 117473511_7

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase those reports listed on Schedule I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower attached hereto and made a part hereof in connection with the origination respect of the Loan Properties (such report is referred to below collectively as the “Environmental ReportReports”), copies of which have been provided to Indemnitee, to Indemnitors’ knowledge and except as would not have a material adverse effect individually or in the aggregate on the business or condition (financial or otherwise) of Borrower, Mezzanine A Borrower or any Mortgage Borrower, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the any Individual Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with any necessary permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Reports; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the any Individual Property which has have not been fully remediated in accordance with as required under Environmental LawLaws; (c) there is no threat of any Release of Hazardous Substances migrating to the any Individual Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the any Individual Property (or operations thereon) which has not been fully remediated or resolved in accordance with as required under Environmental LawLaws; (e) none of the Indemnitors, none of Mezzanine A Borrower does not know and none of Mortgage Borrowers knows of, and or has not received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the any Release or Remediation (defined below) of any Hazardous Substance, of possible liability of any Person Indemnitor pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the in connection with any Individual Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) no Toxic Mold (as defined below) is present in the indoor air of any Individual Property at concentrations for which any Legal Requirement applicable to such Individual Property requires removal thereof by remediation professionals, and no Indemnitor, Mezzanine A Borrower has or Mortgage Borrower is aware of any conditions at any Individual Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations for which any Legal Requirement applicable to such Individual Property would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the each Individual Property that is actually known to any Indemnitor, Mezzanine A Borrower or Mortgage Borrower and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the each Individual Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the each Individual Property.

Environmental Representations and Warranties. Except Borrower represents and warrants, to the best of its knowledge, except as otherwise disclosed by that certain Phase I in the written report resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Property delivered to Lender by Borrower in connection with prior to the origination of the Loan Closing Date (such report is referred to below as the “Environmental Report”), ) that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the Property for or each tenant’s respective business at the purposes Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from the Property which has not been fully remediated in accordance with Environmental LawProperty; (c) there is no threat of any Release of Hazardous Substances Materials migrating to the PropertyProperty in violation of any Environmental Law; (d) there is no past or present material non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, which has not been corrected, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawProperty; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving from the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is or Mortgage Borrower or contained in Borrower’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “"Environmental Report”"), to Borrower's Knowledge (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s 's files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental Report”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report; (b) to the best of Indemnitor’s knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to the best of Indemnitor’s knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to the best of Indemnitor’s knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authoritygovernmental entity) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information that has been requested by Lender relating to environmental conditions in, on, under or from the Property that is known to Borrower Indemnitor and has provided to Lender all information that is contained in Borrower’s files and recordsrecords of Indemnitor, including but not limited to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) the Property currently displays no evidence of water infiltration or water damage (h) to the best of Indemnitor’s knowledge, there are no Institutional Controls prior or Environmental Liens on current complaints by tenants at the Property regarding water infiltration or affecting water damage or leaks or odors related thereto, and (i) the PropertyProperty currently displays no conspicuous evidence of the growth of Microbial Matter.

Environmental Representations and Warranties. Except Each Borrower represents and warrants, except as otherwise specifically disclosed by that in those certain Phase I environmental report (or Phase II environmental report, if required) delivered Environmental Reports identified on Schedule 6.37 with respect to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”), each Collateral Property that: (a) there are no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyCollateral Properties, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawsrequired), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Collateral Property for the purposes or each tenant’s respective business at such Collateral Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawCollateral Properties; (c) there is no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyCollateral Properties; (d) there is no past or present or, to any Borrower’s knowledge, prior non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental LawCollateral Properties; (e) each Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to Hazardous Materials located or Released in, on, under or from any of the possible liability of any Person pursuant Collateral Properties or relating to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoingLiability; and (f) each Borrower has truthfully and fully disclosed provided to LenderAdministrative Agent, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Collateral Properties known to such Borrower and has provided to Lender all information that is or contained in such Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Collateral Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyCollateral Properties.

Environmental Representations and Warranties. Except As of August 8, 2007, Pledgor represents and warrants, except as otherwise disclosed by that certain Phase I in the written reports resulting from the environmental report (or Phase II environmental report, if required) site assessments of the Properties delivered to and approved by Lender by Borrower prior to August 8, 2007 and described in connection with the origination of the Loan Schedule 4.1.40 attached hereto and made a part hereof (such report is referred to below as the “Environmental ReportReports”), ) that: (a) there are were no Hazardous Substances Materials or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under any of the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the PropertyProperties, except those that are were both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (to the extent if such permits are required under Environmental Lawswere required), and (ii) de-minimis either (A) in amounts not in excess of that necessary to operate operate, clean, repair and maintain the applicable Individual Property for the purposes or each tenant’s respective business at such Individual Property as set forth in this Agreement which will not result in an environmental condition intheir respective Leases, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iiiB) fully disclosed to Lender in writing prior held by a tenant for sale to the execution public in its ordinary course of the Loan Documents; business, (b) there are were no past, present or threatened Releases of Hazardous Substances Materials in violation of any Environmental Law and which would require remediation by a Governmental Authority in, on, under or from any of the Property which has not been fully remediated in accordance with Environmental LawProperties; (c) there is was no threat of any Release of Hazardous Substances Materials migrating to any of the PropertyProperties; (d) there is was no past or present non-compliance with or liability under any current Environmental Laws, or with permits issued pursuant thereto, in connection with any of the Property (or operations thereon) which has not been fully remediated or resolved Properties except as described in accordance with the Environmental LawReports; (e) none of Pledgor, Mezzanine A Borrower does not or Mezzanine B Borrower know of, and has not received and Mortgage Borrower had not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the possible liability of any Person pursuant to any Environmental LawHazardous Materials in, any Hazardous Substances on, under or other environmental conditions present at or otherwise involving the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with from any of the foregoingProperties; and (f) Borrower Pledgor has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from any of the Property that is Properties known to Pledgor, Mezzanine A Borrower, Mezzanine B Borrower and has provided to Lender all information that is or Mortgage Borrower or contained in Pledgor’s, Mezzanine A Borrower’s, Mezzanine B Borrower’s or Mortgage Borrower’s files and records, including but not limited to any reports relating to Hazardous Substances Materials in, on, under or migrating to or from any of the Property or Properties and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the PropertyProperties.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to Lender by Borrower in connection with the origination of the Loan (such report is referred to below as the “Environmental Report”) and/or in the O&M Plan (defined below), to Borrower’s knowledge, (a) there are no Hazardous Substances or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are (i) in compliance with Environmental Laws in all material respects and with permits issued pursuant thereto (to the extent such permits are required under Environmental LawsLaw), (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this the Loan Agreement which will not result in an environmental condition in, on or under the Property in violation of Environmental Laws and which are otherwise permitted under and used in compliance with Environmental Laws, Law and (iii) fully disclosed to Lender in writing prior to pursuant the execution of the Loan DocumentsEnvironmental Report; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which has not been fully remediated in accordance with Environmental Law; (c) there is no threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not know of, and has not received, any written or oral notice or other communication from any Person (including but not limited to a Governmental Authority) relating to the Hazardous Substances or Remediation thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed provided to Lender, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower and has provided to Lender all information that is contained in Borrower’s files and records, including including, but not limited to, any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase that/those report(s) listed on Schedule I environmental report (or Phase II environmental report, if required) attached hereto and made a part hereof in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental ReportReport(s)”), a copy of which has been provided to Indemnitee, (a) there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance in all material respects with all Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report(s); (b) there are no pastpast or present Releases, present or and Indemnitor does not know of any threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully been, or are not being, remediated in accordance with Environmental Law; (c) there is no Indemnitor does not know of any threat of any Release of Hazardous Substances migrating to the Property; (d) there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated been, or are not being resolved in accordance with Environmental Law; (e) Borrower Indemnitor does not know of, and has not received, any written or oral notice or other written communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower Indemnitor does not know of, has not observed, and has not received, any written advice or other written communication from any Person (including, but not limited to, any Governmental Authority) that Toxic Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Toxic Mold is present on any building materials or surfaces at the Property for which the NYC Guidelines (as defined below) recommends or requires removal thereof by remediation professionals, and Indemnitor is not aware of any conditions at the Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitor has truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all material information relating to environmental conditions in, on, under or from the Property that is actually known to Borrower and has provided to Lender all information that is contained in Borrower’s files and recordsIndemnitor, including including, but not limited to, any reports reports, studies, or data relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there . Any reference to the “knowledge” of Indemnitor shall mean to the best knowledge of the personnel of Indemnitor who are no Institutional Controls or Environmental Liens on or affecting in a position to have meaningful knowledge with respect to the Propertysubject matter which has been qualified to “Indemnitor’s Knowledge”.

Environmental Representations and Warranties. Except as otherwise disclosed by that certain Phase that/those report(s) listed on Schedule I environmental report (or Phase II environmental report, if required) attached hereto and made a part hereof in respect of the Property delivered to Lender by Borrower in connection with the origination of the Loan Indemnitee (such report is referred to below as the “Environmental Report”Report(s)"), a copy of which has been provided to Indemnitee, (a) to Indemnitors’ best knowledge, there are no Hazardous Substances (defined below) or underground storage tanks, surface impoundments, landfills, or disposal areas tanks in, on, on or under the Property and no Hazardous Substances have been handled, manufactured, generated, stored, processed, or disposed of on or released or discharged from the Property, except those that are both (i) in compliance with all applicable Environmental Laws (defined below) and with permits issued pursuant thereto (to the extent such permits are required under Environmental Laws), and (ii) de-minimis amounts necessary to operate the Property for the purposes set forth in this Agreement which will not result in an environmental condition in, on or under the Property and which are otherwise permitted under and used in compliance with Environmental Laws, and (iii) fully disclosed to Lender Indemnitee in writing prior pursuant to the execution of the Loan DocumentsEnvironmental Report(s); (b) to Indemnitors’ best knowledge, there are no past, present or threatened Releases (defined below) of Hazardous Substances in, on, under or from the Property which has have not been fully remediated in accordance with Environmental Law; (c) to Indemnitors’ best knowledge, there is no threat of any Release of Hazardous Substances migrating to the Property; (d) to Indemnitors’ best knowledge, there is no past or present non-compliance with or liability under any Environmental Laws, or with permits issued pursuant thereto, in connection with the Property (or operations thereon) which has not been fully remediated or resolved in accordance with Environmental Law; (e) Borrower does not none of Indemnitors know of, and has not or have received, any written or oral notice or other communication from any Person (including a including, but not limited to, any Governmental Authority) relating to the Hazardous Substances or Remediation (defined below) thereof, of possible liability of any Person pursuant to any Environmental Law, any Hazardous Substances or other environmental conditions present at or otherwise involving in connection with the Property, any Hazardous Substances requiring Remediation under any Environmental Laws, or any actual or potential administrative or judicial proceedings in connection with any of the foregoing; (f) Borrower has to the best of Indemnitors’ knowledge, no Toxic Mold (as defined below) is present in the indoor air of the Property at concentrations exceeding ambient air levels and no visible Toxic Mold is present on any building materials or surfaces at the Property for which any Legal Requirement applicable to the Property recommends or requires removal thereof by remediation professionals, and Indemnitors are not aware of any conditions at the Property that are likely to result in the presence of Toxic Mold in the indoor air at concentrations that exceed ambient air levels or on building materials or surfaces that would require such removal; and (g) Indemnitors have truthfully and fully disclosed provided to LenderIndemnitee, in writing, any and all information relating to environmental conditions in, on, under or from the Property that is known to Borrower any Indemnitor and has provided to Lender all information that is contained in Borrower’s the files and recordsrecords of any Indemnitor, including including, but not limited, to any reports relating to Hazardous Substances in, on, under or from the Property or and/or to the environmental condition of the Property; and (g) there are no Institutional Controls or Environmental Liens on or affecting the Property.