Common use of Leases Clause in Contracts

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I V and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other (a) there are no defaults thereunder by either party thereunder and, to the best of Borrower’s knowledge, and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with date. To the first monthbest of Borrower’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrowerknowledge, all work to be performed completed by Borrower prior to the date hereof under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To the best of Borrower’s knowledge, no Tenant tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, No Tenant has no Tenant under any Lease has any right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no hazardous wastes or 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 about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its 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. True, correct and complete copies of the Leases have been provided to Lender in writing and such Leases have not been modified or as set forth in the Leases or amended in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingway.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto as Schedule I and made a part hereofdelivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect effect, and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower’s knowledge after due inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeknowledge after due inquiry, no Tenant listed on Schedule I the Certified Rent Roll has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwriting, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is To Borrower’s knowledge, the Properties are not subject to any leases Leases other than (a) the Ground Lease, (b) the Leases described in the rent roll Schedule XIV attached hereto as Schedule I and made a part hereof, which rent roll is trueand (c) the Operating Lease. Mortgage Borrower and Property Owner, complete as applicable, are the owner and accurate lessor of landlord’s interest in all respects as of the Closing Date. Borrower Operating Lease and Operating Lessee is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except Canadian Trust is the beneficial owner of the Canadian Properties and Signatory Trustee is the registered owner and lessor of landlord’s interest in the Canadian Operating Lease. To Borrower’s knowledge (i) with respect to the Permitted Encumbrancesexception of hotel guests, no Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The , (ii) the current Leases are in full force and effect andeffect, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, (iii) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date and (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, iv) all work to be performed by Mortgage Borrower or Property Owner, as applicable, under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Property Owner, as applicable, to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstandingtenant. To Borrower’s knowledge, knowledge (A) no Tenant tenant listed on Schedule I XIV has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignment. Except as disclosed to Lender assignment or sublease, nor does anyone except as set forth such tenant and its employees occupy such leased premises, (B) except for those tenants listed in a Lease or in any tenant estoppel certificate delivered to LenderSchedule XIV-A, no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or , (C) except as set forth in any tenant estoppel certificate delivered to Lenderon Schedule XIV-B, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except Improvements and (D) no hazardous wastes or toxic substances, as disclosed to Lender in writing defined by applicable federal, state or as set forth in the Leases local statutes, rules and regulations, have been disposed, stored or in treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law and (B) other than requeststoxic or hazardous chemical, notices material, substance or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwaste.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule I and made a part hereof, which rent roll is trueincluding, complete and accurate in all respects as of without limitation, the Closing DateMaster Leases. Either Tower Borrower or Garage Borrower is the owner and lessor (or sublessor) holder of landlord’s interest in each Lease affecting the LeasesProperties or any portion thereof. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, and there are no oral agreements with respect thereto. No Rent or as otherwise disclosed to Lender in the Lease or by Borrower, no Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by each Borrower under each Lease as of the Closing Date has been performed as required in such Lease and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to any Tenant as of the Closing Date has tenant have already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents or the Vacant Space Rent received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant No tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as on Schedule I II and made a part hereof, which rent roll hereof and the Operating Lease. Operating Lessee is true, complete the owner and accurate lessor of landlord’s interest in all respects as of the Closing DateLeases other than the Operating Lease. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the LeasesOperating Lease. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases and Room License Agreements. The To the Borrower’s knowledge, the current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except To Borrower’s knowledge, except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borroweron Schedule II hereof, (a) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date date, (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, b) all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by such tenant, (or credited toc) such Tenant. There there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received thereintherein which remains in effect, (d) in each case, which is outstanding. To Borrower’s knowledgeunless otherwise indicated thereon, no Tenant tenant listed on Schedule I II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignment. Except as disclosed to Lender assignment or sublease, nor does anyone except as set forth in a Lease or in any such tenant estoppel certificate delivered to Lenderand its employees occupy such leased premises, (e) no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any , and (f) no tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The rent roll for each Property attached hereto as Schedules 7 (collectively, the “Rent Roll Schedules”) is not true, complete and correct in all material respects and none of the Properties is subject to any leases Leases other than the related Operating Lease and the Leases described in the rent roll attached hereto Rent Roll Schedules, as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leasesapplicable. The current Leases identified on the Rent Roll Schedules are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower norany party thereto. The copies of the Leases delivered to Lender are true and complete, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all construction work to be performed by each Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There Each Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property owned by such Borrower that have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of any Lease or which are held by such Borrower in accordance with the terms of the Rents received therein, in each case, which is outstandingapplicable Lease and applicable Legal Requirements. To Borrower’s Borrowers’ knowledge, no each Tenant listed on Schedule I has assigned its Lease is free from bankruptcy or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentreorganization proceedings. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to LenderTo Borrowers’ knowledge, no Tenant under any Lease has a right or option pursuant to is default under the terms and conditions of such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partLease. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease (or any sublease) (other than the Operating Leases) is an Affiliate of any Borrower, except as may be otherwise disclosed on the Rent Roll Schedules, as appropriate. The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises, and are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has any right or option for additional space in the Improvements. Except as been previously disclosed to Lender in writing writing, and no such fees or as set forth commissions will become due and payable in the Leases or future in any tenant estoppel certificate delivered to Lenderconnection with the Leases, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance including by reason of any obligations under its extension of such Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result expansion of the COVID-19 pandemic or any Emergency Law and (B) other than requestsspace leased thereunder, notices or defenses that have except as has previously been withdrawn or resolved or are otherwise no longer outstandingdisclosed to Lender in writing.

Leases. The Property is Properties are not subject to any leases Leases ------ other than the Leases described in the rent roll Schedule II attached hereto as Schedule I and made a part hereof, which rent roll is true, complete ----------- hereof and accurate in all respects as of the Closing Datesubleases or assignments thereunder. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases and subleases or assignments permitted thereunder. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured material defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s 's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all material work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledgeExcept as permitted under the Permitted Leases, no Tenant tenant listed on Schedule I II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises ----------- demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderthe Leases, no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except No hazardous wastes or toxic substances, as disclosed 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 about the leased premises nor does Borrower have any knowledge of any tenant's intention to Lender in writing use its leased premises for any activity which, directly or as set forth 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 for any such substances used or generated by any tenant in the Leases ordinary course of business and treated in accordance with applicable Environmental Laws ("PERMITTED MATERIALS"). Borrower shall not permit or in suffer any tenant estoppel certificate delivered under any Permitted Lease to relocate from any Individual Property to any property owned by an Affiliate of Borrower, without, in either case, the prior written consent of Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsole discretion.

Leases. The Property is not subject to any leases other than the Master Lease and the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in in, and is lessor under, the Master Lease, and Master Tenant is the owner of landlord’s interest in, and is lessor under, the Leases. Except with respect Borrower is the holder of an assignee’s interest of the Rents from Leases pursuant to the Permitted Encumbrances, no Master Lease ALR. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesMaster Lease, the Leases and Hotel Transactions. The current Master Lease is in full force and effect and there is no Event of Default (as defined in the Master Lease) thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute such an Event of Default. The Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, either party and to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in No Rent or any tenant estoppel certificate delivered amounts payable by Master Tenant to Lender, or as otherwise disclosed to Lender in Borrower under the Master Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower or Master Tenant (as applicable) in accordance with applicable law. Except as set forth disclosed in any the tenant estoppel certificate estoppels delivered to Lender, or as otherwise disclosed to Lender in connection with the Lease closing of the Loan or by Borroweras disclosed in the rent roll, all work to be performed by Borrower under the Master Lease and Master Tenant under each Lease as of the Closing Date has been performed as required and has been accepted by Master or the applicable Tenantrelevant Tenant (as applicable), and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to Master Tenant or by Master Tenant to any Tenant as of the Closing Date has already been received by Master Tenant or such Tenant (or credited to) such Tenantas applicable). There Except pursuant to the Master Lease ALR, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Master Lease, any Lease Lease, the rents payable under the Master Lease, or of the Rents received therein, in each case, under the Leases which is outstanding. To Borrower’s knowledge, no No Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease (other than with respect to the Master Lease), nor does anyone except such Tenant and its employees occupy such leased premises (other than Master Tenant pursuant to the Master Lease). Except as disclosed to Lender or except as set forth in a Lease or in Neither Master Tenant nor any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to the Master Lease or such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described disclosed to Lender in writing or set forth in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto, there are no Major Leases on any Individual Property. Borrower is the owner and lessor (or sublessor) of landlord’s 's interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower noror, to the best of Borrower’s 's knowledge, any other party thereunder tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower’s 's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in writing or set forth in the Lease Rent Rolls delivered to Lender on or by Borrowerprior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease)payment of any portion of the Rents. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s 's knowledge, no Tenant listed on Schedule I tenant has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except To Borrower's knowledge, no hazardous wastes or toxic substances, as disclosed to Lender in writing defined by applicable Federal, State or as set forth in the Leases local statutes, rules and regulations, have been disposed, stored or in treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law and (B) other than requeststoxic or hazardous chemical, notices material, substance or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwaste.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule I and made a part hereof, which rent roll is true, complete hereof (and accurate in all respects as subleases permitted under the Anchor Lease). To the best of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted EncumbrancesBorrower's knowledge after due inquiry, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower's knowledge after inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in To the Lease or by best of Borrower's knowledge after due inquiry, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with date. To the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by best of Borrower's knowledge after due inquiry, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There To the best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no Tenant tenant listed on Schedule I SCHEDULE IV has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE IV, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. (a) The Property rent roll attached hereto as Schedule 4.20 (the “Rent Roll”) is true, complete and correct as of the date thereof, and the Premises is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing DateRent Roll. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) Premises or right to occupy the same except under and pursuant to the provisions of the Leasesa Lease. The current Leases identified on the Rent Roll are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower norlandlord, and to the best of the knowledge of Borrower’s knowledge, any other party thereunder tenant, and, to the best knowledge of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The forms of the Leases delivered to Lender, or as otherwise disclosed to Lender in are true and correct copies of the Lease or forms used by Borrower, and there are no Rent has been paid more than one (1) month in advance of its due date (other than in connection oral agreements with the first month’s Rent under a new Lease)respect thereto. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. The tenants under the Leases evidenced by the Rent Roll have accepted possession of and are in occupancy of all of their respective Pad Site and have commenced the payment of full, unabated rent under the Leases. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant tenant listed on Schedule I the Rent Roll has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignment. Except as disclosed to Lender assignment or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsublease.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule 4.1.26 attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, the current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to Lender, Borrower’s knowledge there are no uncured material defaults thereunder by Borrower nor, either party and to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, knowledge there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrowerfor security deposits, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable lawdate. Except as set forth in any tenant estoppel certificate delivered disclosed on Schedule 4.1.26, to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower’s knowledge, all work to be performed by Mortgage Borrower or Baltimore Owner, as applicable, under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Baltimore Owner to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been is no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, no Tenant tenant listed on Schedule I 4.1.26 has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderon Schedule 4.1.26, no Tenant tenant, to Borrower’s knowledge, under any Lease has any right or option for additional space in the Improvements. Except To Borrower’s knowledge, no hazardous wastes or toxic substances, as disclosed to Lender in writing defined by applicable federal, state or as set forth in the Leases local statutes, rules and regulations, have been disposed, stored or in treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law and (B) other than requeststoxic or hazardous chemical, notices material, substance or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwaste in violation of applicable law.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described disclosed to Lender in writing or set forth in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto, there are no Major Leases on any Individual Property. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower noror, to the best of Borrower’s knowledge, any other party thereunder tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in writing or set forth in the Lease Rent Rolls delivered to Lender on or by Borrowerprior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease)payment of any portion of the Rents. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s knowledge, no Tenant listed on Schedule I tenant has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except To Borrower’s knowledge, no hazardous wastes or toxic substances, as disclosed to Lender in writing defined by applicable Federal, State or as set forth in the Leases local statutes, rules and regulations, have been disposed, stored or in treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law and (B) other than requeststoxic or hazardous chemical, notices material, substance or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwaste.

Leases. The Property is not subject With respect to any leases other than each Property, the Leases described information regarding the leases, licenses, tenancies, possession agreements and occupancy agreements with the tenants referenced under the captions "Business and Properties--Tenant Diversification" and "Business and Properties -- Existing Portfolio" in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll Prospectus (the "Leases") is true, complete and accurate in all respects as of the Closing Datematerial respects. Borrower is the owner and lessor (The Entity that owns fee or sublessor) of landlord’s interest in the Leases. Except with respect leasehold title to the Permitted Encumbrances, no Person has any possessory interest in the underlying Property (or any portion thereofthe "Holder") or right to occupy holds the same except lessor's interest under such Leases; a true and pursuant complete copy of all such Leases have been made available to the provisions of the Leases. The current Operating Partnership; to Contributors' Knowledge, such Leases are in full force and effect, except as indicated otherwise in the Disclosure Schedule, the Prospectus or in any estoppel certificate made available or delivered to the Operating Partnership prior to the Closing; the Holder, as lessor under such Leases, has not received any notice that it is in default of any of its obligations under such Leases beyond any applicable grace period which has not been cured; to Contributors' Knowledge, except as set forth in the Disclosure Schedule, no tenant is in default under any Lease except to the extent such default would not have a Material Adverse Effect; fixed rent and additional rent are being billed to the tenants in accordance with the Leases, as applicable; no tenant is entitled to "free" rent, rent concessions, rebates, rent abatements, set-offs, or offsets against rent except as set forth in the Lease with such tenant and no tenant under any such Lease claims a right to any of the foregoing, except as set forth in the Disclosure Schedule, the Prospectus or in any estoppel certificate made available or delivered to the Operating Partnership prior to the Closing; the Holder has received no written notice that any tenant under any such Lease contests its pro rata shares of tax increases as required by its Lease or that any tenant under any such Lease contests its pro rata shares of tax increases as required by its Lease or that any tenant contests any rent, escalation or other charges billed to it, except as set forth in the Disclosure Schedule, the Prospectus or in any estoppel certificate made available or delivered to the Operating Partnership prior to the Closing; no assignment of the Holder's rights under any Lease is in effect on the date hereof other than collateral assignments to secure mortgage or mezzanine indebtedness; and, except as set forth on in the rent roll attached hereto as Schedule I Disclosure Schedule, the Prospectus or in any tenant estoppel certificate made available or delivered to Lender, there are no uncured defaults thereunder by Borrower nor, the Operating Partnership prior to the best of Borrower’s knowledgeClosing, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to any Leases entered into by such Holder, no brokerage commissions will be due upon the payment of rent or other sums or the performance failure of any obligations tenant under its any such Lease or (ii) made to exercise any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained cancellation right granted in its Lease or otherwise as a result upon any extension or renewal of such Leases. To the Contributors' Knowledge, all material obligations of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses lessor under the Leases that have accrued to the date hereof have been withdrawn performed or resolved satisfied. To Contributors' Knowledge, no tenants under any of the Leases is presently the subject of any voluntary or are otherwise no longer outstandinginvoluntary bankruptcy or insolvency proceedings.

Leases. The To Borrower's Knowledge, the Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE XI hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower's Knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge's Knowledge, except as set forth on Schedule XI, no Tenant tenant listed on Schedule I SCHEDULE XI has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE XI, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed To Borrower's actual knowledge based on the Environmental Report delivered to Lender in writing connection herewith, no hazardous wastes or toxic substances, as set forth in the Leases defined by applicable federal, state or in local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I II and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except , except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or and certified by Borrower, no . No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge, no No Tenant listed on Schedule I II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except Improvements except as disclosed to Lender in writing or as set forth in existing Leases. Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Leases or in any tenant estoppel certificate delivered date hereof shall be subject to Lender’s prior written approval. Lender shall execute and deliver its standard form of subordination, no tenant has (i) asserted non-disturbance and attornment agreement to Tenants under any defense or otherwise sought or given notice (whether written or oral) that it intends future Major Lease approved by Lender promptly upon request, with such commercially reasonable changes as may be requested by such Tenants, and which are reasonably acceptable to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingLender.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in (a) Grantor shall fully comply with all respects as of the Closing Date. Borrower is the owner terms, conditions and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases so that the same shall not become in default and to do all that is needful to preserve all said Leases in force. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in With respect to any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all whole or any part of the leased premises or Property, Grantor shall not, without the building prior written consent of Beneficiary, which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderconsent shall not be unreasonably withheld, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted permit assignment or subletting of all or part of the lessee's rights under the Lease unless the right to assign or sublet is expressly reserved by the lessee under the Lease, (ii) execute an assignment of the rents or any defense part thereof from the Collateral without Beneficiary's prior consent, (iii) modify or otherwise sought amend any lease so as to shorten the unexpired term thereof or given notice so as to decrease, waive or compromise in any manner the amount of rents payable thereunder or materially expand the obligations of the lessor thereunder, (whether written iv) accept surrender of the Lease or oralterminate the Lease except in accordance with the terms of the Lease providing for termination in the event of a default, (v) that it intends accept prepayments of any installments of rents to seek any relief or concessions with respect to become due under such leases, except prepayments in the payment nature of rent or other sums or security for the performance of the lessees thereunder, (vi) modify, release or terminate any obligations under its Lease guaranties of any such lease or (iivii) made in any other bona fide request for manner impair the value of the Property or otherwise given written notice that it intends to seek the security hereof. Any proceeds or damages resulting from a lessee's default under any amendment, waiver, deferral, forbearance or other modification of any term or provision of its such Lease, in each case (A) pursuant at Beneficiary's option, shall be paid to Beneficiary and applied against sums owed under the Loan Documents even though such sums may not be due and payable. Except for non-delinquent real estate taxes and assessments, Grantor shall not permit any lien to be created against the Property which may be or may become prior to any force majeure clause contained Lease. If the Property is partially condemned or suffers a casualty, Grantor shall promptly repair and restore the Property in its Lease or otherwise as a result of order to comply with the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingLeases.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Borrowing Base Property required to be delivered as Schedule I and made a part hereofof the Eligible Real Estate Qualification Documents, which rent roll is true, complete and accurate in all respects with respect to each Borrowing Base Property as of the Closing Date. Borrower is date hereof, such Leases remain the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except sole Leases with respect to such Borrowing Base Properties and have not been amended except in accordance with the Permitted EncumbrancesOriginal Credit Agreement. An accurate and complete Rent Roll as of the date of inclusion of each Borrowing Base Property in Borrowing Base Availability with respect to all Leases of any portion of the Borrowing Base Property has been provided to the Agent (except with respect to each Borrowing Base Property that is leased to a single tenant under a triple-net lease, no Person the lease has any possessory interest been provided to Agent in lieu of a Rent Roll). The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Borrowing Base Property and in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderBuilding relating thereto. Except as set forth in reflected on such Rent Roll or on Schedule 6.21 no tenant under any tenant estoppel certificate delivered Lease is entitled to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenantcredits. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Except as set forth in Schedule 6.21, the Leases reflected therein are, as of the date of inclusion of the applicable Borrowing Base Property in Borrowing Base Availability or with respect to each Borrowing Base Property as of the date of this Agreement, as of the date of this Agreement, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered to Lenderthereunder, and, except as reflected in Schedule 6.21, neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or as otherwise disclosed any claim, which remains uncured or unsatisfied, with respect to Lender in any of the Lease or by Leases, and to the best of the knowledge and belief of the Borrower, sublet all there is no basis for any such claim or notice of default by any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmenttenant. Except as disclosed to Lender or except as set forth reflected in a Lease or in any tenant estoppel certificate delivered to LenderSchedule 6.21, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part property, other than the Borrowing Base Property which is the subject of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its applicable Lease, in each case is necessary to comply with the requirements (Aincluding, without limitation, parking requirements) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE II hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as . To the best of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted EncumbrancesBorrower's knowledge, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower's knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in To the Lease or by best of Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with date. To the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by best of Borrower's knowledge, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There To the best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s 's knowledge, no Tenant tenant listed on Schedule I SCHEDULE II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE II, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge, no No Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower's knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s 's knowledge, no Tenant nontenant listed on Schedule I II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSchedule II, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in the Leases Schedule II. No hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law toxic or hazardous chemical, material, substance or waste, except in either event, incompliance with applicable federal, state or local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll attached hereto as at Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leasesunder each such Lease. Except with respect to the Permitted EncumbrancesTo Borrower’s Knowledge, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are described on Schedule I. Each Lease is in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in To Borrower’s Knowledge, the copies of each Lease and any tenant estoppel certificate related guaranty (including all amendments thereto) delivered to LenderLender are accurate, or as otherwise disclosed to Lender in the Lease or by Borrowertrue and complete, and there are no oral agreements with respect thereto. No Rent (other than security deposits, if any, listed on Schedule I) has been paid more than one (1) month in advance of its due date (other than in connection with the first monthdate. To Borrower’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to LenderKnowledge, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower the landlord under each Lease as of the Closing Date has been performed as required in each Lease and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) under such TenantLease. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeKnowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except a Tenant occupy any portion of the Property. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such its Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a partpart other than rights of first refusal which are not triggered by the exercise of Lender of its remedies hereunder or the acceptance by Lender of a deed-in-lieu of foreclosure of the Property. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender Borrower has no knowledge of any defaults by Borrower’s predecessor or any Tenant under any Lease nor any knowledge that any statement made by or on behalf of a Tenant in writing or as set forth in the Leases or in any a tenant estoppel certificate delivered to Lender, no tenant has (i) asserted Borrower and/or Lender in connection with the Loan contains any defense untrue statement of a material fact or otherwise sought or given notice (whether written or oral) that it intends omits to seek state any relief or concessions with respect material fact necessary to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause make statements contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingtherein not misleading.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases described in the rent roll attached hereto relating to each Mortgaged Property required to be delivered as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects of the Eligible Real Estate Qualification Documents as of the Closing Datedate hereof. Borrower is An accurate and complete Rent Roll and Lease Summary as of the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Mortgaged Property in the Leases. Except Collateral with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or all Leases of any portion thereof) or right to occupy of the same except under and pursuant Mortgaged Property has been provided to the provisions of the LeasesAgent. The current Leases are in full force and effect and, except as set forth reflected on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would such Rent Roll constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and has been accepted by in the applicable Tenant, and Building relating thereto. No Major Tenant is entitled to any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as of the Closing Date has already been received by (or credited to) reflected in such TenantRent Roll. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered to Lenderthereunder, and neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or as otherwise disclosed to Lender in the Lease any claim, which remains uncured or by Borrowerunsatisfied, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to any of the payment Leases, and to the best of rent the knowledge and belief of the Borrower, there is no basis for any such claim or notice of default by any tenant. No property other sums or than the performance Mortgaged Property which is the subject of any obligations under its the applicable Lease or is necessary to comply with the requirements (iiincluding, without limitation, parking requirements) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject Exhibit D hereto contains a complete list of all leases, occupancy agreements and all amendments thereto and all other documents affecting rights and obligations thereunder, including without limitation, assignments and subleases pursuant to which the Borrower or any other member of the Borrower Affiliated Group leases real property, and license agreements pursuant to which a third party would have the right to enter upon the leased premises (herein individually referred to, together with any other Lease entered into from time to time, as a “Lease” and collectively referred to as the “Leases”). There are no leases, occupancy agreements or other documents, other than the Leases, affecting the properties or the interests of the Borrower or any other member of the Borrower Affiliated Group. The copies of the Leases described in heretofore delivered by the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is Borrower to the Lender are true, correct and complete copies thereof and accurate in all respects as each of the Closing Date. Borrower such Leases is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on in accordance with the rent roll attached hereto as Schedule I or in any terms thereof. Neither the tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best knowledge of Borrower’s knowledgethe Borrower Affiliated Group, the landlord, under any other party thereunder andLease is in default under the applicable Lease or has given or received any notice of cancellation or termination of such Lease or condemnation of the leased premises. Each of the tenants under the Leases is in possession of its respective premises, to the best and no such tenant has assigned any of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth its interest in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed Leases, as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent collateral or other payments, credits, allowances otherwise or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised therebycovered by any Lease or granted any license with respect thereto, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or may be otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingon Exhibit D hereto.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower is the owner and lessor (or sublessor) of the landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed to Lender in the Lease or by Borrower, and there are no oral agreements with respect thereto. No Rent (excluding security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Mortgage Borrower under each Lease as of the Closing Date has been performed as required in such Lease and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeExcept as provided in Schedule I attached hereto, no Tenant tenant listed on Schedule I attached hereto has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule I and made a part hereof. Mortgage Borrower or Operating Tenant, which rent roll is trueas the case may be, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Major Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured material defaults thereunder by Mortgage Borrower noror Operating Tenant, to as the best of Borrower’s knowledgecase may be, or any other party thereunder andtenant under any Major Lease, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Major Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection date. There are no offsets or defenses to the payment of any portion of the Rents payable with the first month’s Rent under a new Lease)respect to Major Leases. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Mortgage Borrower or Operating Tenant, as the case may be, under each Major Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Operating Tenant, as the case may be, to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Major Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any No tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed To Borrower’s knowledge, no Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of any tenant’s intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in material compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lendertheir respective Leases, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requestsheld by a tenant for sale to the public in its ordinary course of business, notices or defenses that have been withdrawn (C) fully disclosed in the Environmental Reports or resolved or are otherwise no longer outstandingdisclosed to and approved by Lender in writing.

Leases. The rent roll with respect to each Individual Property attached hereto as Schedule 3.1.12 is true, complete and correct in all material respects and no Individual Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date3.1.12. Each applicable Borrower Entity is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except Leases with respect to the Permitted Encumbrances, no each Individual Property. No Person has any possessory interest in the Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Except as identified on Schedule 3.1.12 attached hereto, the Leases identified on Schedule 3.1.12 are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower’s actual knowledge, there are no uncured material defaults thereunder by Borrower noreither party, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed to Lender in the Lease or by Borrower, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by each Borrower Entity as of the date hereof, under each Lease as of the Closing Date has been performed as required in all material respects and has been accepted by the applicable TenantTenant if required by the terms of the Lease. Except as identified on Schedule 3.1.12 attached hereto, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower Entity to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. Except as identified on Schedule 3.1.12 attached hereto, the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Each Borrower Entity has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Individual Property which have not been applied (including accrued interest thereon), all of which have been used in accordance with the applicable Lease, are held by the applicable Borrower Entity in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s actual knowledge, no Tenant under a Lease is subject to any bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower Entity. Except as identified on Schedule 3.1.12 attached hereto, the Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Individual Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, excepting by reason of any extension of such Lease or expansion of the space leased thereunder, and as has previously been disclosed to Lender in writing. Except as identified on Schedule 3.1.12 attached hereto, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no No Tenant listed on Schedule I 3.1.12 has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderidentified on Schedule 3.1.12 attached hereto, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in on the rent roll attached hereto as at Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. I. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower’s knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in The copies of the Leases and any tenant estoppel certificate related guaranty (including all amendments thereto) delivered to LenderLender are accurate, or as otherwise disclosed to Lender in the Lease or by Borrowertrue and complete, and there are no oral agreements with respect thereto. No Rent (other than security deposits, if any, listed on Schedule I) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower the landlord under each Lease as of the Closing Date has been performed as required in such Lease and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower the landlord under such Lease to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Except as listed on Schedule I, to Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderlisted on Schedule I, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building any Property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderlisted on Schedule I, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to LenderTo Borrower’s knowledge, no tenant action or inaction or event has (i) asserted occurred that would entitle any defense or otherwise sought or given notice (whether written or oral) that it intends Occupancy Reserve Tenant to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under terminate its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its respective Occupancy Reserve Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. (a) The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Borrowing Base Asset required to be delivered as Schedule I and made a part hereof, which rent roll is true, of the Eligible Real Estate Qualification Documents. An accurate and complete and accurate in all respects Rent Roll as of the Closing Date. Borrower is the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Borrowing Base Asset in the Leases. Except Borrowing Base Availability with respect to all Leases of any portion of the Permitted EncumbrancesBorrowing Base Asset has been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole leases or licenses or other agreements pertaining to the occupancy or use of space at such Borrowing Base Asset and in the Building relating thereto. Except as reflected on such Rent Roll or on Schedule 6.21, no Person tenant under any Lease (i) is entitled to any free rent, partial rent, rebate of rent payments, credit, offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements or credits, and (ii) has made any possessory interest prepayments of rent or other payments due under such Lease for more than one (1) month in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions advance of the Leasesdue date of such payment. The current Except as set forth in Schedule 6.21, the Leases are reflected therein are, as of the date of inclusion of the applicable Borrowing Base Asset in Borrowing Base Availability, in full force and effect andin accordance with their respective terms, except as set forth on without basic rental payments or other payments to the rent roll attached hereto as Schedule I or landlord thereunder being in default beyond any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower norapplicable cure period or, to the best of Borrower’s knowledge, any other party thereunder material default thereunder, nor are there any defenses, counterclaims, offsets, concessions, rebates, or, except as expressly set forth in the applicable Leases or amendments thereto relating delivered to Agent as required by this Agreement, tenant improvement allowances, contributions or landlord construction obligations available to any tenant thereunder, and, except as reflected in Schedule 6.21, neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Borrower’s knowledge, there are is no conditions that, with the passage basis for any such claim or notice of time or the giving of notice, or both, would constitute defaults thereunderdefault by any tenant. Except as set forth reflected in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by BorrowerSchedule 6.21, no Rent has been paid more than one (1) month in advance of its due date (property, other than in connection the Borrowing Base Asset which is the subject of the applicable Lease, is necessary to comply with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lenderrequirements (including, or as otherwise disclosed to Lender in the Lease or by Borrowerwithout limitation, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited toparking requirements) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule II attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower or Operating Tenant, as the case may be, is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Major Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured material defaults thereunder by Borrower noror Operating Tenant, to as the best of Borrower’s knowledgecase may be, or any other party thereunder andtenant under any Major Lease, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Major Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection date. There are no offsets or defenses to the payment of any portion of the Rents payable with the first month’s Rent under a new Lease)respect to Major Leases. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower or Operating Tenant, as the case may be, under each Major Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Tenant, as the case may be, to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Major Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any No tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed To Borrower’s knowledge, no Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of any tenant’s intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in material compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or each tenant’s respective business at the Property as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lendertheir respective Leases, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requestsheld by a tenant for sale to the public in its ordinary course of business, notices or defenses that have been withdrawn (C) fully disclosed in the Environmental Reports or resolved or are otherwise no longer outstandingdisclosed to and approved by Lender in writing.

Leases. The Property is not subject Borrowers have delivered to any leases other than the Agent true and complete copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Mortgaged Property required to be delivered as Schedule I and made a part of the Eligible Real Estate Qualification Documents as of the date hereof, which rent roll is true, . An accurate and complete and accurate Rent Roll in all material respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Mortgaged Property in the Leases. Except Collateral with respect to all Leases of any portion of the Permitted Encumbrances, no Person Mortgaged Property has any possessory interest been provided to the Agent. The Leases previously delivered to Agent as described in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would preceding sentence constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and has been accepted by in the applicable Tenant, and Building relating thereto. No tenant under any payments, Lease is entitled to any free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the Closing Date date of inclusion of the applicable Mortgaged Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by (given or credited to) such Tenant. There has been no prior salemade, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Borrowers, there is no basis for any such claim or notice of default by any tenant which would result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein, respective Borrower as landlord under the Lease. No security deposit or advance rental or fee payment has been made by any lessee or licensor under the Leases except as may be specifically designated in each case, the copies of the Leases furnished to the Agent. No property other than the Mortgaged Property which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion subject of the premises demised therebyapplicable Lease is necessary to comply with the requirements (including, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwithout limitation, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (iparking requirements) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion part thereof) , or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or may have been reflected in any tenant estoppel certificate certificates delivered to LenderLender or in Schedule I, there are no uncured Borrower is not aware of any defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderthereunder on the part of Borrower or to Borrower's knowledge, on the part of any tenant. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable lawdate. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease tenant estoppels or by Borrowerdisclosed in Schedule I, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has tenant have already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s 's knowledge, except as disclosed in the tenant estoppels or disclosed in Schedule I, no Tenant tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, thereby to Borrower's knowledge; no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender in the tenant estoppels or except as set forth disclosed in a Lease or in any tenant estoppel certificate delivered to LenderSchedule I, no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except Borrower is not aware that any hazardous wastes or toxic substances, as disclosed to Lender defined by applicable federal, state or as set forth in the Leases local statutes, rules and regulations, have been disposed, stored or except as set forth in treated by any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has on or about the leased premises except cleaning supplies used and stored in compliance with law and inventory held for retail sale in compliance with law, nor does Borrower have any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law toxic or hazardous chemical, material, substance or waste except cleaning supplies used and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingstored in compliance with law and inventory held for retail sale in compliance with law. Schedule I attached hereto is true and complete in all material respects.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true and complete copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Pool Property required to be delivered as Schedule I and made a part of the Eligible Real Estate Qualification Documents as of the date hereof, which rent roll is true, . An accurate and complete and accurate Rent Roll in all material respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Pool Property in the Leases. Except Pool with respect to all Leases of any portion of the Permitted Encumbrances, no Person Pool Property has any possessory interest been provided to the Agent. The Leases previously delivered to Agent as described in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would preceding sentence constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required date thereof the sole material agreements relating to leasing or licensing of space at such Pool Property and has been accepted by in the applicable Tenant, and Building relating thereto. No tenant under any payments, Lease is entitled to any free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the Closing Date date of inclusion of the applicable Pool Property in the Pool, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by (given or credited to) such Tenant. There has been no prior salemade, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Credit Parties, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein, in each caserespective Borrower as landlord under the Lease, which is outstandingwould result in a Material Adverse Effect. To Borrower’s knowledge, no Tenant listed on Schedule I No security deposit or advance rental or fee payment (more than 2 months in advance) has assigned its Lease been made by any lessee or licensor under the Leases except as set forth may be specifically designated in any tenant estoppel certificate delivered the copies of the Leases furnished to Lender, the Agent or as otherwise disclosed to Lender Agent in writing. No property other than the Lease or by Borrower, sublet all or any portion Pool Property which is the subject of the premises demised therebyapplicable Lease is necessary to comply with the requirements (including, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwithout limitation, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (iparking requirements) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Mortgaged Property required to be delivered as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects of the Eligible Real Estate Qualification Documents as of the Closing Datedate hereof. Borrower is An accurate and complete Rent Roll as of the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Mortgaged Property in the Borrowing Base with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and in the Building relating thereto, other than subleases entered into by the tenants under such Leases. Except as reflected on such Rent Roll or on Schedule 6.22 or in any applicable Lease (except with respect to the Permitted Encumbrances, no Person has any possessory interest rent credits or rent abatements in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenantreflected on such Rent Roll), and no tenant under any payments, Lease is entitled to any free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required or credits due to be given by Borrower to any Tenant as of defaults under such Lease or the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge occurrence of any Lease or of the Rents received therein, in each case, which is outstandingother event under such Lease. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Borrowing Base, in full force and effect in accordance with their respective terms, without any payment default (other than payment of work orders, direct utility recovery and CAM reconciliation not more than 60 days past due) or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered to Lenderthereunder, and, except as reflected in Schedule 6.22, neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or as otherwise disclosed any claim, which remains uncured or unsatisfied, with respect to Lender in any of the Lease or by Leases, and to the best of the knowledge and belief of the Borrower, sublet all there is no basis for any such claim or notice of default by any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmenttenant. Except as disclosed to Lender or except as set forth reflected in a Lease or in any tenant estoppel certificate delivered to LenderSchedule 6.22, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part property, other than the Mortgaged Property which is the subject of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its applicable Lease, in each case is necessary to comply with the requirements (Aincluding, without limitation, parking requirements) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll XI is true, complete and accurate correct in all material respects as of and no Individual Property is subject to any material Leases other than the Closing DateLeases described on Schedule XI. Borrower Either Owner or Operating Lessee is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person (other than Owner) has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (other than typical short-term occupancy rights of hotel guests). The current Leases identified on Schedule XI are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured material defaults thereunder by Borrower norOwner, Operating Lessee or, to the best of Borrower’s and Leasehold Pledgor’s knowledge, any the other party thereunder beyond any applicable notice or cure period (except as disclosed on Schedule XI), and, to the best of Borrower’s and Leasehold Pledgor’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed and there are no oral agreements with respect thereto. No Rent relating to Lender in the Lease or by Borrower, no Rent Leases (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower Owner or Operating Lessee under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Owner or Operating Lessee to any Tenant as of the Closing Date tenant has already been received by such tenant except as otherwise set forth on Schedule XI. The tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Borrower or Leasehold Pledgor has delivered to Lender a true, correct and complete list of all security deposits made to Owner or Operating Lessee by tenants at the Properties which have not been applied (including accrued interest thereon), all of which are held by Owner or Operating Lessee in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s and Leasehold Pledgor’s knowledge, each tenant is free from bankruptcy or reorganization proceedings. No tenant under any Lease (or credited toany sublease) such Tenantis an Affiliate of any Loan Party. To Borrower’s and Leasehold Pledgor’s knowledge, the tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Individual Property, except as set forth on Schedule XI. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents relating thereto or other Gross Revenue received therein, in each case, therein which is outstandingwill be outstanding following the funding of the Loan (other than to Lender). To Borrower’s knowledge, no Tenant No tenant listed on Schedule I XI has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor, to Borrower’s and Leasehold Pledgor’s knowledge, does anyone except such tenant and its employees, guests and invitees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except , except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingon Schedule XI.

Leases. The Property rent roll, which is not subject to any leases other than the Leases described in the rent roll included as part of Seller’s Deliveries, and which is attached hereto as Schedule I 9.8 and made incorporated herein by reference, is a part hereoftrue, which correct and complete list of the Leases and Tenants including, but not limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll is trueincludes an addendum describing, complete with respect to each Lease, the amount of any advance or prepaid rentals which have not accrued, rental holidays which have not expired and accurate in all respects as other allowances granted any Tenant which have not been fully utilized, if any. All of the Closing Dateinformation on the rent roll, including the description of the space, the rent and other charges payable by Tenants, the terms and options to renew, and the Security Deposits, also is complete, true and correct. Borrower The Leases provided to Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been amended or modified. Seller is the owner “Landlord” or “Lessor” under the Leases and lessor (or sublessor) has full power and authority to assign the same to Buyer. Seller has not received written notice of landlord’s interest in the Leases. Except any uncured event of default with respect to the Permitted Encumbrances, no Person has performance of any possessory interest in the Property (or any portion thereof) or right to occupy the same except of its obligations under and pursuant to the provisions of the Leases. The current To the best of Seller’s knowledge, each of the Leases are is in full force and effect andand there is no monetary or non-monetary default under any Lease by either the landlord or the tenant thereunder, except as set forth on nor has an event occurred which with the rent roll attached hereto as Schedule I giving of notice or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or both would result in a default thereunder by either the giving of notice, landlord or both, would constitute defaults the tenant thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in To the Lease or by Borrower, no Rent has been paid more than one (1) month in advance best of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To BorrowerSeller’s knowledge, no Tenant listed on Schedule I has assigned its Lease valid claims or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion rights of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions offset exist with respect to the payment of rent Leases. Except as provided on Schedule 9.8 attached hereto and incorporated herein by reference, no 33 Leasing Commissions, Tenant Inducement Costs or other sums amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the performance renewal thereof, or any other options thereunder, nor does there exist any Leasing Commissions, Tenant Inducement Costs or other amounts which may become payable to any Person under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. To the best of Seller’s knowledge, there is no intention or indication of intention by any obligations under Tenant to terminate its Lease or (ii) made any other bona fide request for to limit, amend or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in alter its Lease or otherwise as a result its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the COVID-19 pandemic work (including all tenant improvements) to be constructed and installed by the landlord in the leased premises pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingbefore the Closing.

Leases. The No Individual Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto as Schedule I and made a part hereofdelivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and accurate in all respects as of the Closing Date. With respect to each Individual Property, the applicable Individual Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the applicable Leases. The current Leases are in full force and effect effect, and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lendereach Individual Borrower’s knowledge after due inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by the applicable Individual Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by the applicable Individual Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To each Individual Borrower’s knowledgeknowledge after due inquiry, no Tenant listed on Schedule I the Certified Rent Roll has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwriting, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property (i) All Leases and all renewals of Leases executed after the date hereof shall (A) provide for rental rates comparable to existing local market rates for similar properties, (B) be on commercially reasonable terms, (C) provide that such Lease is subordinate to the Deed of Trust, that the lessee will attorn to Lender and any purchaser at a foreclosure sale, provided that Lender or purchaser at a foreclosure sale agrees to the non-disturbance of such Lease so long as the tenant thereto pays all rents and other charges as specified in such Lease and is not subject to any leases other than the Leases described otherwise in the rent roll attached hereto as Schedule I default (beyond applicable notice and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessorcure periods) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under of its obligations and covenants pursuant to the provisions of Lease, and (D) not contain any terms which would materially adversely affect Lender’s rights under the Loan Documents. All Leases over 10,000 square feet (“Major Leases. The current ”) and all other Leases are in full force and effect andall renewals, except as set forth on amendments and modifications thereof executed after the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered date hereof shall be subject to Lender’s prior approval, there are no uncured defaults thereunder by which approval shall not be unreasonably withheld or delayed. In connection with any renewal, amendment or modification executed after to any Major Lease or Lease, Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed shall submit to Lender in a term sheet (the Lease or by Borrower“Term Sheet”) identifying the proposed tenant, no Rent has been paid more than one (1) month in advance the proposed leased space, term, rent, tenant options, free rent periods, tenant improvement allowances, and other tenant concessions, and all other material economic terms of its due date (other than in connection such proposed lease, together with all information and materials regarding the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lenderfinancial status, or as otherwise disclosed to Lender in the Lease or by Borrowercreditworthiness, all work to be performed by Borrower under each Lease as and reputation of the Closing Date has been performed as required and has been accepted by the applicable Tenantsuch proposed tenant, and any paymentsother information regarding the proposed lease and tenant as Lender shall reasonably request. If such Lease is not a Qualified Lease (a “Non-Qualified Lease”) pursuant to this Section 8(r), free rent, partial rent, rebate Lender shall either approve or disapprove such proposed lease within five (5) Business Days after delivery to Lender of rent or the Term Sheet together with all other payments, credits, allowances or abatements materials required to be given delivered to Lender hereunder or requested by Borrower Lender. If Lender fails to any Tenant as of approve or reject the Closing Date has already been received proposed Non-Qualified Lease within such five (5) Business Day period, such proposed lease shall be deemed approved by Lender, provided the Term Sheet was delivered to Lender accompanied by a notice stating in bold face type: “THIS IS A REQUEST FOR LEASE APPROVAL. IF LENDER FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS, THE LEASE WILL BE DEEMED APPROVED.” If Lender approves (or credited tois deemed to have approved) a Term Sheet, Borrower may thereafter execute a lease with such proposed tenant provided that (i) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of lease is upon the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as terms set forth in the Leases or Term Sheet in all material respects, and (ii) such lease is on the standard lease form approved by Lender with no material adverse modifications (except as set forth in any approved by Lender). Such lease form shall provide that the tenant estoppel certificate delivered shall attorn to Lender, and that any cancellation, surrender, or amendment of such lease without the prior written consent of Lender shall be voidable by Lender. Notwithstanding anything to the contrary contained in the Loan Documents, Lender’s approval shall not be required with respect to any proposed future Leases or Lease extensions or amendments (each, a “Qualified Lease”) if the following conditions are satisfied: (1) there exists no Tenant under Event of Default; (2) the lease is on the standard lease form approved by Lender with no material adverse modifications; (3) the lease does not conflict with any Lease has restrictive covenant affecting the Property or any right or option other lease for additional space in the Improvements. Except as disclosed Property; (4) the leased premises, when combined with all other space in the Property leased to the same tenant or any Affiliate thereof, is less than 5,000 rentable square feet, (5) loan disbursements for leasing costs for such lease shall not exceed $500,000, (6) the tenant under such lease is not an Affiliate of Borrower and such lease is on terms which are arm’s-length and commercially reasonable given then-current market conditions, and (7) Borrower delivers to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has within five (5) Business Days after its execution of such lease (i) asserted any defense or otherwise sought or given notice a fully executed copy of such lease (whether written or oralas amended) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or certified by Borrower as true and complete, and (ii) made any other bona fide request for or otherwise given written notice a certificate of Borrower certifying that it intends the lease (as amended) satisfies all of the conditions of this Section 8(r) to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise qualify as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingQualified Lease.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule I and made a part hereof, which rent roll is true, complete hereof (and accurate in all respects as of subleases permitted under the Closing DateAnchor Lease). Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower's knowledge after inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no Tenant tenant listed on Schedule I SCHEDULE IV has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE IV, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent (i) true copies of the forms of the Leases described in used by the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects Borrower at the Mortgaged Properties as of the Closing Date. Borrower is date hereof and (ii) true, correct and complete copies of the owner Leases and lessor (any amendments or sublessor) other agreements thereto relating to the Mortgaged Properties as of landlord’s interest the date of inclusion of the Mortgaged Property in the LeasesCollateral. Except An accurate and complete Rent Roll and summary thereof in a form reasonably satisfactory to the Agent as of the date of inclusion of the Mortgaged Property in the Collateral with respect to all Leases of any portion of the Permitted Encumbrances, no Person Mortgaged Property has any possessory interest been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements and understandings relating to leasing or licensing of space at the Mortgaged Property and in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions Building relating thereto. Each of the Leases. The current Leases are was entered into as the result of arms-length negotiation and has not been modified, changed, altered, assigned, supplemented or amended in full force and effect andany respect, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate a separate written certification delivered to Lender, there are no uncured defaults thereunder by Borrower nor, Agent prior to the best acceptance of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except such Mortgaged Property as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable TenantCollateral, and no tenant is entitled to any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances reduction or abatements required to be given by Borrower to any Tenant alternate rent, offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or reduced or altered rent as a result of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge operation of any Lease co-tenancy or of the Rents received thereinsimilar clause, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral. There are no occupancies, rights, privileges or licenses in or to the Mortgaged Property or portion thereof other than pursuant to the Leases reflected in Rent Rolls previously furnished to the Agent for the Mortgaged Property. Except as set forth in a separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral, (a) the Leases reflected in the Rent Roll are in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered thereunder, and neither the Borrower, the Guarantors nor any of their respective Subsidiaries has given or made any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to Lenderany of the Leases, and (b) no Tenant tenant under any Lease has a currently effective right to terminate its Lease as a result of the operation of any co-tenancy or option similar clause. The separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral accurately and completely sets forth all rents payable by and security, if any, deposited by tenants, no tenant having paid more than one month’s rent in advance. All tenant improvements or work to be done for tenants on the Rent Roll, furnished or paid for by the Borrower, the Guarantors or any of their respective Subsidiaries, or credited or allowed to a tenant, for, or in connection with, the Building pursuant to such any Lease has been completed and paid for or otherwise provided for in a manner satisfactory to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or Agent except as set forth in the separate written certification delivered to Agent prior to the acceptance of such Mortgaged Property as Collateral. No material leasing, brokerage or like commissions, fees or payments are due from the Borrower, the Guarantors or any of their respective Subsidiaries in respect of the Leases or except as set forth in any tenant estoppel certificate the separate written certification delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect Agent prior to the payment acceptance of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise such Mortgaged Property as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingCollateral.

Leases. The Property is not subject to any leases other than the Operating Lease and Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll roll, to Borrower’s knowledge, is true, complete and accurate in all material respects as of the Closing Date. Mortgage Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except To Borrower’s knowledge, (i) with respect to the Permitted Encumbrancesexception of hotel guests and patrons, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The , (ii) the current Leases are in full force and effect andand neither Mortgage Borrower nor Operating Lessee have received or delivered written notice that either party is in default under any Lease except for (A) defaults which have been cured and (B) defaults that do not, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no aggregate have a materially adverse effect. No Rent has been paid more than one (1) month in advance of its due date (other than except with respect to provision of rooms and banquet and meeting space in connection with the first month’s Rent under a new Leaseordinary course of business). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Mortgage Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender To Borrower’s knowledge, no Hazardous Substances have been disposed, stored or as set forth in the Leases or except as set forth in treated by any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has on or about the leased premises nor does Borrower have any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic petroleum product or any Emergency Law and (B) other than requeststoxic or hazardous chemical, notices material, substance or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwaste.

Leases. The To Borrower's Knowledge, the Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE XI hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered SCHEDULE XII hereto, to LenderBorrower's Knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and and, except as set forth on SCHEDULE XII hereto, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge's Knowledge, except as set forth on Schedule XI, no Tenant tenant listed on Schedule I SCHEDULE XI has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE XI, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in SCHEDULE XI. To Borrower's actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The Property is Borrower will comply with the terms and conditions of, and deliver leased premises at the time and in the condition required by any Lender-approved lease. Borrower will not subject to enter into, amend or renew any leases or other than occupancy agreements affecting the Leases described Property without Lender’s prior written consent, but shall be permitted to make amendments, modifications or accept prepayments to the extent that they affect, in the rent roll attached hereto as Schedule I and made a part hereofaggregate, which rent roll is true, complete and accurate in all respects as no more than two percent (2.0%) of the Closing Date. Borrower is value of the owner and lessor (or sublessor) of landlordLender’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in leases on the Property (or any portion thereof) or right to occupy however, notwithstanding the same except under and pursuant above, it is understood that Borrower may make non-material changes to the provisions standard residential lease form (to be approved by Lender for each Project) without the consent of Lender). Lender’s consent may be conditioned upon receipt of such documents and agreements as Lender may. require. Notwithstanding the above, or anything else herein to the contrary, during the term of the Leases. The current Leases are Loan, Borrower may lease apartment units within each Project without Lender’s prior written consent, subject to the following requirements as determined by Lender: All leases of apartment units within the Project must (a) be on a standard residential lease form (to be approved by Lender for each Project), (b) be for a minimum of 12 months in full force and effect andterm, except as set forth on (c) include a parental guarantee for not less than 95% of the rent roll attached hereto as Schedule I or leases for each Project, (d) have an upfront lease deposit in any tenant estoppel certificate delivered to Lenderan amount, there are no uncured defaults thereunder by Borrower norif any, to the best of Borrower’s knowledgebe determined for each Project, any other party thereunder andfrom time to time, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more and (e) be for an average monthly rental rate approved by Lender (the “Leases”). Notwithstanding the foregoing, up to 25% of the Leases in a Project may be for a shorter term (not less than one 9 months) if the total rents to be received are at least 95% of the total rents that would be received under a comparable 12-month lease. Borrower shall provide to Lender quarterly lease financial status reports (1) month in advance of its due date (which include detailed information regarding rents and other than in connection income, as well as expenses, associated with the first month’s Rent under a new Leaserental of apartment units). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described on the certified rent rolls delivered to Lender in connection with the rent roll attached hereto as Schedule I and made a part hereoforigination of the Loan, which rent roll is rolls are true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower or Maryland Owner, as applicable, is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower’s knowledge after due inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by each of Mortgage Borrower and Maryland Owner, as applicable, in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Mortgage Borrower or Maryland Owner, as applicable, under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Maryland Owner, as applicable, to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeknowledge after due inquiry, except as set forth on Schedule V, no Tenant listed on Schedule I tenant under any Lease has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSchedule V, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in writing connection herewith, no hazardous wastes or toxic substances, as set forth in the Leases defined by applicable federal, state or in local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.regulations. 4.1.27

Leases. The Property is not subject to any leases other than the Leases described in the rent roll Rent Roll attached hereto as Schedule I II hereto and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower’s Knowledge, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeKnowledge, except as set forth on Schedule II, no Tenant tenant listed on Schedule I II has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSchedule II, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in writing connection herewith, no hazardous wastes or toxic substances, as set forth in the Leases defined by applicable federal, state or in local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule I and made a part hereof, which rent roll is trueincluding, complete and accurate in all respects as of without limitation, the Closing DateMaster Leases. Either Tower Mortgage Borrower or Garage Mortgage Borrower is the owner and lessor (or sublessor) holder of landlord’s interest in each Lease affecting the Leases. Except with respect to the Permitted Encumbrances, no Properties or any portion thereof No Person has any possessory interest in the any Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, and there are no oral agreements with respect thereto. No Rent or as otherwise disclosed to Lender in the Lease or by Borrower, no Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by each Mortgage Borrower under each Lease as of the Closing Date has been performed as required in such Lease and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to any Tenant as of the Closing Date has tenant have already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents or the Vacant Space Rent received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant No tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject to There are no other leases, licenses, subleases, occupancy agreements or other agreements for the use, possession or occupancy of any leases portions of the Real Property, other than the Leases described in the rent roll those listed on Exhibit L attached hereto as Schedule I and made to this Agreement. Exhibit L contains a part hereof, which rent roll is true, correct and complete list of all currently existing Leases at the Property to which any Seller is a party; full, true and accurate in complete copies of all respects Leases and all amendments and guarantees relating thereto have heretofore been delivered to Buyer (or made available to Buyer as part of the Closing DateDocuments). Borrower To Seller's knowledge, each Lease is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andeffect, and except as set forth shown on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower norExhibit L, to the best of Borrower’s Seller's knowledge, any no rent or other party thereunder and, to amounts payable under the best of Borrower’s knowledge, there are no conditions that, with the passage of time Leases is more than one (1) month in arrears or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance advance. Exhibit L sets forth a true and correct listing of its due date (other than in connection with the first month’s Rent under a new Lease). All all security deposits are held (indicating cash or letter of credit) or prepaid rentals made or paid by Borrower in accordance with applicable lawthe tenants under the Leases. Except as set forth shown in Exhibit L, Seller has not delivered any written notices of tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower default to any Tenant as tenants under Leases which remain uncured, nor has Seller received any written notices of the Closing Date has already been received by (or credited to) such Tenanta landlord default from any tenants under Leases which remain uncured. There has been no prior sale, transfer or assignment, hypothecation or pledge None of Seller's interest in any Lease or of Seller's right to receive the Rents received thereinrentals payable by the tenant thereunder has been assigned, conveyed, pledged or in each caseany manner encumbered by Seller, except in connection with any existing financing encumbering the Property, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except to be repaid by Seller and released as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentClosing. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lenderdescribed on Exhibit L, no tenant has (i) asserted given written notice to Seller of any defense default or otherwise sought offsets, claims or given notice defenses available to it. The only Tenant Inducement Costs in the nature of tenant improvement costs for space currently being leased under any Leases in effect as of the date hereof (whether written in the form of direct payments therefor required of Seller or oralin the form of tenant improvement allowances payable by Seller) that it intends to seek or for leasing commissions for leased premises currently being leased under any relief such Leases, in any such case which may hereafter be payable under or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or Leases (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Leaseand excluding, in each case (A) pursuant any event any such Tenant Inducement Costs which may arise in connection with expansions or lease renewals/extensions hereafter occurring under or with respect to any force majeure clause contained such Leases) are identified in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingExhibit L hereto.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll XI is true, complete and accurate correct in all material respects as of and no Individual Property is subject to any Leases other than the Closing DateLeases described on Schedule XI. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (other than typical short-term occupancy rights of hotel guests). The current Leases identified on Schedule XI are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured material defaults thereunder by Borrower noror, to the best of Borrower’s knowledge, any the other party thereunder beyond any applicable notice or cure period (except as disclosed on Schedule XI), and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed and there are no oral agreements with respect thereto. No Rent relating to Lender in the Lease or by Borrower, no Rent Leases (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by such tenant except as otherwise set forth on Schedule XI. The tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by tenants at the Properties which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s knowledge, each tenant is free from bankruptcy or reorganization proceedings. No tenant under any Lease (or credited toany sublease) such Tenantis an Affiliate of Borrower. To Borrower’s knowledge, the tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Individual Property, except as set forth on Schedule XI. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents relating thereto or other Gross Revenue received therein, in each case, therein which is outstandingwill be outstanding following the funding of the Loan (other than to Lender). To Borrower’s knowledge, no Tenant No tenant listed on Schedule I XI has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor, to Borrower’s knowledge, does anyone except such tenant and its employees, guests and invitees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except , except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingon Schedule XI.

Leases. The Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule I attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of the landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed to Lender in the Lease or by Borrower, and there are no oral agreements with respect thereto. No Rent (excluding security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required in such Lease and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeExcept as provided in Schedule I attached hereto, no Tenant tenant listed on Schedule I attached hereto has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule 4.1.26(A) attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The Except as otherwise set forth on Schedule 4.1.26(B) hereof, the current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Mortgage Borrower noror, to the best of BorrowerPledgor’s knowledge, any other party thereunder tenant under any Lease, and, to the best of BorrowerPledgor’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable lawpayment of any portion of the Rents. Except as otherwise set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borroweron Schedule 4.1.26(B) hereof, all work to be performed by Mortgage Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeExcept as described on Schedule 4.1.26, no Tenant listed on Schedule I tenant under any Lease has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentsublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as otherwise set forth in a Lease or in any tenant estoppel certificate delivered to Lenderon Schedule 4.1.26(B) hereof, no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as otherwise set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderon Schedule 4.1.26(B) hereof, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed set forth in the Environmental Reports, no Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Pledgor have any knowledge of any tenant’s intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in writing compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in the Leases or in any tenant estoppel certificate delivered to Lendertheir respective Leases, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requestsheld by a tenant for sale to the public in its ordinary course of business, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding(C) fully disclosed to and approved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject Borrower has delivered to any leases other than the Agent true copies of the Leases and any amendments thereto relating to the Mortgaged Property. An accurate and complete Rent Roll as of the date of inclusion of the Mortgaged Property in the Collateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases previously delivered to Agent as described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects preceding sentence constitute as of the Closing Date. date thereof the sole agreements between Borrower is or any predecessor of Borrower and the owner tenants relating to leasing or licensing of space at the Mortgaged Property and lessor (or sublessor) of landlord’s interest in the LeasesBuilding relating thereto. Except with respect No tenant under any Lease is entitled to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as of the Closing Date has already been received by (reflected in such Leases or credited to) such TenantRent Roll. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the date hereof, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered to Lenderthereunder, and except as reflected in Schedule 6.22, Borrower has not given or made, any notice of any payment or other material default, or as otherwise disclosed to Lender in the Lease any claim, which remains uncured or by Borrowerunsatisfied, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to any of the payment Leases, and to the best of rent the knowledge and belief of Borrower, there is no basis for any such claim or notice of default by any tenant. No property other sums or than the performance of any obligations under its Lease or Mortgaged Property is necessary to comply with the requirements (iiincluding, without limitation, parking requirements) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingLease.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s 's interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to Borrower's actual knowledge and except as set forth on the rent roll attached hereto as Schedule I or may be disclosed in any tenant estoppel certificate certificates delivered to Lender, there are no uncured material defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except To Borrower's actual knowledge and except as set forth may be disclosed in any tenant estoppel certificate certificates delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of any Lease or of the Rents received thereintherein (other than sales, in each casetransfers, assignments, hypothecations or pledges which is outstandingmay have been made by the tenants under the Leases). To Borrower’s knowledge's actual knowledge and except as indicated on Schedule I, no Tenant tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed , other than rights of first refusal or rights of first offer described in any Leases delivered to Lender or as set forth in prior to the Leases or except as set forth in any date hereof. No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except To Borrower's actual knowledge and except as disclosed in any environmental reports delivered to Lender in writing connection with the Loan, no hazardous wastes or toxic substances, as set forth in the Leases defined by applicable federal, state or in local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered under any Lease on or about the leased premises nor does Borrower have any actual knowledge of any tenant's intention to Lenderuse its leased premises for any activity which, no tenant has (i) asserted directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any defense petroleum product or otherwise sought any toxic or given notice (whether written hazardous chemical, material, substance or oral) that it intends to seek any relief waste, other than substances of kinds and in amounts ordinarily and customarily used or concessions with respect to stored for the payment purposes of rent cleaning or other sums maintenance or the performance of any obligations under its Lease or (ii) made any other bona fide request for or operations and otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingcompliance with applicable environmental laws.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made Comenity Lease. Borrower has delivered to Lender a part hereof, which rent roll is true, correct and complete and accurate in all respects as copy of the Closing DateComenity Lease. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the LeasesComenity Lease. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesComenity Lease. The current Leases are Comenity Lease is in full force and effect effect, and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to LenderBorrower’s knowledge after due inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Borrower under each the Comenity Lease as of the Closing Date has been performed as required and has been accepted by the applicable TenantComenity, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date Comenity has already been received by (or credited to) such TenantComenity. There has been no prior sale, transfer or assignment, hypothecation or pledge of any the Comenity Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeknowledge after due inquiry, no Tenant listed on Schedule I Comenity has not assigned its the Comenity Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds Comenity does not hold its leased premises under assignmentassignment or sublease, nor does anyone except Comenity (including any subtenants permitted under its Lease) and its employees occupy such leased premises, other than licensees, concessionaires and similar occupants as permitted under the Comenity Lease. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has Comenity does not have a right or option pursuant to such the Comenity Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has Comenity does not have any right or option for additional existing space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject Borrower represents and warrants to any leases other than Lender with respect to the Leases described in that: (a) the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate correct and the Property is not subject to any Leases other than the Leases described in all respects Schedule I, (b) except as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest set forth in the Leases. Except with respect estoppel letters to Lender or as set forth on Schedule I the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases identified on Schedule I are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, Borrower’s knowledge and there are no uncured defaults thereunder by Borrower norBorrower, or to the best knowledge of Borrower’s knowledge, any other party thereunder andTenant, (c) the copies of the Leases delivered to the best of Borrower’s knowledgeLender are true and complete, and there are no conditions thatoral agreements with respect thereto, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or (d) except as otherwise disclosed to Lender in the Lease or by Borroweron Schedule I, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date date, (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or e) except as otherwise disclosed to Lender in the Lease or by Borroweron Schedule I, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There , (f) all security deposits are being held in accordance with Legal Requirements, (g) Borrower has been no prior sale, transfer or assignment, hypothecation or pledge knowledge of any Lease notice of termination or default with respect to any Lease, (h) Borrower has not assigned or pledged any of the Rents received thereinLeases, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease the rents or any interests therein except as set forth in any tenant estoppel certificate delivered to Lender, (i) no Tenant or as otherwise disclosed other party has an option or right of first refusal or offer, to Lender in the Lease or by Borrower, sublet purchase all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or Property; and (j) except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderotherwise disclosed on Schedule I, no Tenant under any Lease that is not a Major Lease has a the right or option pursuant to such terminate its Lease or otherwise prior to purchase all or any part expiration of the leased premises or stated term of such Lease. For purposes hereof, the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in term “Lease” shall not include any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent sublease or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends occupancy agreement to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as which Borrower is not a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingparty.

Leases. The Property is not subject An accurate and complete Rent Roll and summary thereof in a form reasonably satisfactory to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects Agent as of the Closing Date. Borrower is date of inclusion of the owner and lessor Mortgaged Property in the Collateral (or sublessorsuch other recent date as may be acceptable to the Agent) of landlord’s interest in the Leases. Except with respect to all Leases of any portion of the Permitted Encumbrances, no Person Mortgaged Property has any possessory interest been provided to the Agent. The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements and understandings relating to leasing or licensing of space at the Mortgaged Property and in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions Building relating thereto. Each of the Leases. The current Leases are was entered into as the result of arms-length negotiation and has not been modified, changed, altered, assigned, supplemented or amended in full force and effect andany respect, except as set forth reflected on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable TenantRoll, and no tenant is entitled to any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as of reflected in the Closing Date has already been received by (or credited to) such TenantRent Roll. There has been are no prior saleoccupancies, transfer rights, privileges or assignment, hypothecation licenses in or pledge of any Lease to the Mortgaged Property or of portion thereof other than pursuant to the Rents received therein, Leases reflected in each case, which is outstandingRent Rolls previously furnished to the Agent for the Mortgaged Property. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Except as set forth in each Rent Roll, the Leases reflected therein are in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant estoppel certificate delivered to Lenderthereunder, and neither the Borrower, the Guarantor nor any of their respective Subsidiaries has given or made, any notice of any payment or other material default, or as otherwise disclosed any claim, which remains uncured or unsatisfied, with respect to Lender any of the Leases. The Rent Rolls furnished to the Banks accurately and completely set forth all rents payable by and security, if any, deposited by tenants, no tenant having paid more than one month's rent in advance. All tenant improvements or work to be done for tenants on the Lease Rent Roll, furnished or paid for by the Borrower, sublet all the Guarantor or any portion of the premises demised therebytheir respective Subsidiaries, no such Tenant holds its leased premises under assignment. Except as disclosed or credited or allowed to Lender or except as set forth in a Lease tenant, for, or in any tenant estoppel certificate delivered connection with, the Building pursuant to Lender, no Tenant under any Lease has been completed and paid for or provided for in a right manner satisfactory to the Agent. No material leasing, brokerage or option pursuant to such Lease like commissions, fees or otherwise to purchase all payments are due from the Borrower, the Guarantor or any part of their respective Subsidiaries in respect of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingLeases.

Leases. The Property is not subject to any leases other than Leases described on the Rent Roll in Exhibit F comprise all the Leases described in the rent roll attached hereto as Schedule I and made a part hereofpresently existing and, which rent roll to Seller’s best knowledge, each is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect effect; no Lease has been modified or supplemented except (if at all) as set forth on Exhibit F; no rent has been paid more than one month in advance by any tenant, and, to Seller’s best knowledge, no tenant is entitled to any defense, credit, allowance or offset against rental; to Seller’s best knowledge, the information set forth in Exhibit F is true, correct, and complete. To Seller’s knowledge, there is no default of either landlord or tenant under any of the Leases, and no state of facts which with notice and/or the passage of time would ripen into a default, except as set forth on Exhibit F. There are no persons or entities entitled to possession of the rent roll attached hereto Property other than those listed on Exhibit F. No work or installations is required of Seller except as Schedule I or specified (if at all) in the Leases, and in any case Seller has fully completed all improvements specified in any Lease to be the responsibility of the landlord and has paid all tenant estoppel certificate delivered to Lender, there improvement costs. There are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, leasing commissions due from Seller nor will any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its become due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or the renewal thereof, and no understanding or agreement exists in regard to payment of the Rents received therein, in each case, which is outstandingany leasing commissions from Seller or fees for future Leases. To Borrower’s knowledge, no Tenant listed on Schedule I Seller has assigned its Lease or except as set forth in not granted to any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderother person an option, no Tenant under right of first refusal, or any Lease has a other right or option pursuant to such Lease or otherwise to purchase all the Property. In the event any such option, right of first refusal or any part other right to purchase does exist, in writing, on the date hereof, Seller shall deliver to Purchaser a written and recordable instrument signed by the holder thereof, irrevocably and unconditionally waiving, cancelling, terminating and annulling any such option, right of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent first refusal or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingright.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I Mortgagor shall, at its own cost and made a part hereofexpense, which rent roll is trueperform, complete comply with and accurate in discharge all respects as of the Closing Date. Borrower is obligations of the owner Mortgagor under all leases and lessor (agreements for the use of the Mortgaged Premises and use its best efforts to enforce or sublessor) secure the performance of landlordeach obligation and undertaking of the respective tenants under such leases and shall appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with the Mortgagor’s interest in any leases of the LeasesMortgaged Premises. Except with respect The Mortgagor shall apply all tenants security deposits as required by Minnesota Statutes Section 504B.178 and shall keep the covenants required of a lessor or licensor pursuant to Minnesota Statutes Section 504B.161, subdivision 1, if the Permitted Encumbrances, Mortgaged Premises is used for residential purposes. The Mortgagor shall permit no Person has surrender nor assignment of any possessory tenant’s interest in under said leases unless the Property (or any portion thereof) or right to occupy assign or surrender is expressly reserved under the same except under and pursuant to the provisions lease, nor receive any installment of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid for more than one (1) month in advance of its due date date, nor execute any mortgage or create or permit a lien which may be or become superior to any such leases, nor permit a subordination of any lease to such mortgage or lien. The Mortgagor shall not materially modify or amend the terms of any such leases, nor borrow against or pledge the rentals from such leases, nor exercise or waive any default of the tenant thereunder without the prior consent of the Mortgagee. The Mortgagor agrees to obtain the Mortgagee’s prior written approval before entering into any lease with a term of five (other than in connection 5) years or more. Should the Mortgagor fail to perform, comply with or discharge any obligations of the first month’s Rent Mortgagor under a new Lease). All security deposits are held any lease or should the Mortgagee become aware of or be notified by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has lease of a right or option pursuant to such Lease or otherwise to purchase all or any failure on the part of the leased premises Mortgagor to so perform, comply with or discharge its obligations under said lease, the building of which Mortgagee may, but shall not be obligated to, and without further demand upon or notice to the leased premises are a part. Except Mortgagor, and without waiving or releasing the Mortgagor from any obligation in this Mortgage contained, remedy such failure, and the Mortgagor agrees to repay upon demand all sums incurred by the Mortgagee in remedying any such failure together with interest at the rate as disclosed to Lender or as set forth specified in the Leases or except Notes. All such sums, together with interest as set forth in aforesaid, shall become so much additional Secured Indebtedness, but no such advance shall be deemed to relieve the Mortgagor from any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingdefault hereunder.

Leases. The Property rent roll, which is included as part of Seller’s Deliveries, is a true, correct and complete in all material respects and sets forth a list of the Leases and Tenants, including, but not subject limited to, the description, by agreement and document name and date, of each Lease, together with any amendments, assignments and other documents with respect thereto. The rent roll includes an addendum describing, with respect to each Lease, the amount of any Leasing Commissions owing, the amount of any advance or prepaid rentals which have not accrued, any rental holidays which have not expired and other Tenant Inducement Costs granted to any leases other than Tenant which have not been fully utilized, if any. All of the Leases described in information on the rent roll attached hereto as Schedule I roll, including the description of the leased premises, the rent and made a part hereofother charges payable by Tenants, which rent roll the terms and options to renew, and the Security Deposits, also is true, correct and complete and accurate in all respects material respects. The Leases provided to Buyer pursuant to Section 4.1(a) hereof are true and correct copies thereof and such Leases have not been amended or modified except as of the Closing Dateotherwise disclosed by Seller to Buyer. Borrower Seller is the owner “Landlord” or “Lessor” under the Leases and lessor (or sublessor) has full power and authority to assign the same to Buyer. Seller has not received written notice of landlord’s interest in the Leases. Except any uncured event of default with respect to the Permitted Encumbrances, no Person has performance of any possessory interest in the Property (or any portion thereof) or right to occupy the same except of its obligations under and pursuant to the provisions of the Leases. The current Each of the Leases are is in full force and effect andand there is no monetary or non-monetary default under any Lease by either the landlord or the tenant thereunder, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of BorrowerSeller’s knowledge, any other party thereunder and, to has an event occurred which with the best giving of Borrower’s knowledge, there are no conditions that, with notice or the passage of time or both would result in a default thereunder by either the giving of notice, landlord or both, would constitute defaults the tenant thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, No valid claims or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance rights of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions offset exist with respect to the payment of rent Leases. No Leasing Commissions, Tenant Inducement Costs or other sums amounts are now payable to any Person under any agreement or understanding in connection with any Lease or the performance renewal thereof, or any other options thereunder (provided, however, if a Lease is renewed a commission may be due), nor does there exist any commission, compensation or other amount which may become payable to any broker or other agent under any agreement or understanding in connection with any Lease or renewal thereof, or any options thereunder. Seller has not received written notice from any Tenants indicating the intention of any obligations under such Tenants to terminate its Lease or (ii) made any other bona fide request for to limit, amend or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in alter its Lease or otherwise as a result its use or occupancy. Seller has not previously assigned, pledged, transferred, hypothecated or conveyed the Leases or any interest therein. All of the COVID-19 pandemic work (including all tenant improvements) to be constructed and installed by Seller, as the landlord, in the leased premises located on the portion of the Property owned by such Seller and pursuant to the Leases is complete and fully paid for and/or will be complete and fully paid for on or any Emergency Law and (B) other than requests, notices before the Closing or defenses that have been withdrawn or resolved or are otherwise no longer outstandingif not an appropriate credit will be given to Buyer at the time of Closing.

Leases. The Property is not subject Loan Parties have delivered to any leases other than the Agent true and complete copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Collateral Property required to be delivered as Schedule I and made a part of the Eligible Real Estate Qualification Documents as of the date hereof, which rent roll is true, . An accurate and complete and accurate Rent Roll in all material respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Collateral Property in the Leases. Except Collateral with respect to all Leases of any portion of the Permitted Encumbrances, no Person Collateral Property has any possessory interest been provided to the Agent. The Leases previously delivered to Agent as described in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would preceding sentence constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and has been accepted by in the applicable Tenant, and Building relating thereto. No tenant under any payments, Lease is entitled to any free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the Closing Date date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by (given or credited to) such Tenant. There has been no prior salemade, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Loan Parties, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. No Borrower knows of any condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein, in each caserespective Borrower as landlord under the Lease, which is outstandingwould result in a Material Adverse Effect. To Borrower’s knowledge, no Tenant listed on Schedule I No security deposit or advance rental or fee payment (more than 2 months in advance) has assigned its Lease been made by any lessee or licensor under the Leases except as set forth may be specifically designated in any tenant estoppel certificate delivered the copies of the Leases furnished to Lender, the Agent or as otherwise disclosed to Lender Agent in writing. No property other than the Lease or by Borrower, sublet all or any portion Collateral Property which is the subject of the premises demised therebyapplicable Lease is necessary to comply with the requirements (including, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwithout limitation, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (iparking requirements) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.

Leases. The rent roll with respect to each Mortgaged Property attached hereto as Schedule 3.3.8 is true, complete and correct and no Mortgaged Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date3.3.8. Borrower Each applicable Mortgagor is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except Leases with respect to each Mortgaged Property, and each applicable Borrower Entity is the Permitted Encumbrances, no collateral assignee and beneficiary of landlord’s interest in the Leases with respect to each Mortgaged Property. No Person has any possessory interest in the Mortgaged Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Except as identified on Schedule 3.3.8 attached hereto, the Leases identified on Schedule 3.3.8, to Borrower’s actual knowledge, are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower noreither party, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except to the extent such defaults would not reasonably be expected to have a Material Adverse Effect. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed to Lender in the Lease or by Borrower, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed as of the date hereof, by each Borrower Entity or Mortgagor, as applicable, under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower Entity or Mortgagor, as applicable, to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. To the extent required by the applicable Lease, the Tenants under the Leases have accepted possession of and, except as identified on Schedule 3.3.8 attached hereto, are in occupancy of all of their respective demised Mortgaged Property and have commenced the payment of full, unabated rent under the Leases. Each Borrower Entity has made available to Lender a true, correct and complete list of all security deposits made by Tenants at the Mortgaged Property which have not been applied (including accrued interest thereon), all of which are held, or have been used, by the applicable Borrower Entity or Mortgagor, as applicable, in accordance with the terms of the applicable Lease and applicable Legal Requirements. Except as identified on Schedule 3.3.8 attached hereto, each Tenant under a Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower Entity or Mortgagor. Except as identified on Schedule 3.3.8 attached hereto, the Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Mortgaged Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. Except as identified on Schedule 3.3.8 attached hereto, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect, other than by a Mortgagor to the applicable Borrower Entity. To Borrower’s knowledge, no No Tenant listed on Schedule I 3.3.8 has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached hereto as Schedule I IV hereto and made a part hereof, which rent roll is true, complete hereof (and accurate in all respects as of subleases permitted under the Closing DateAnchor Lease). Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower’s knowledge after inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeknowledge after inquiry, except as set forth on Schedule IV, no Tenant tenant listed on Schedule I IV has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSchedule IV, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in Schedule IV. To Borrower’s actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant’s intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. The To Borrower's best knowledge the rent roll attached hereto as Schedule 3 together with the schedules and the exhibits attached to such rent roll (collectively, the "Rent Roll") is true, complete and correct and the Property is not subject to any leases Leases other than the Leases described in the rent roll attached hereto as Schedule I Rent Roll and made a part hereof, which rent roll is true, complete any existing subleases thereunder and accurate in all respects as of the Closing DateMaster Lease. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, To Borrower's best knowledge no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (and any existing subleases thereunder) and the Master Lease. The current As of the date hereof (i) Borrower is the owner and holder of the landlord's interest under each Lease; (ii) there are no prior assignments of the landlord's interest by Borrower (and to Borrower's knowledge any prior landlord) in any Lease or any portion of Rents which are presently outstanding and have priority over the Assignment of Leases are and Rents (the "Assignment of Leases and Rents"), dated the date hereof, given by Borrower to Lender and intended to be duly recorded; (iii) true and correct copies of the Leases have been delivered by Borrower to Lender or made available to Lender and, to Borrower's knowledge, the Leases have not been further modified or amended, except as disclosed to Lender in writing on or prior to the date hereof; (iv) to Borrower's best knowledge, each Lease is in full force and effect effect; (v) to Borrower's best knowledge, except as disclosed on the Rent Roll or in any tenant estoppels delivered to Lender in connection with the Loan (collectively, the "Tenant Estoppels"), neither Borrower nor, to Borrower's knowledge, any tenant under any Lease is in default under any of the material terms, covenants or provisions of the Lease, and, except as set forth on the rent roll attached hereto as Schedule I disclosed to Lender in writing or in any tenant estoppel certificate delivered to LenderTenant Estoppels, there are Borrower knows of no uncured defaults thereunder by Borrower norevent which, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with but for the passage of time or the giving of notice, notice or both, would constitute defaults thereunder. Except an event of default under any Lease; (vi) to Borrower's best knowledge, except as expressly set forth in the Leases, the Tenant Estoppels or on the Rent Roll, there are no offsets or defenses to the payment of any tenant estoppel certificate delivered portion of the Rents; and (vii) to LenderBorrower's best knowledge, except as disclosed on the Rent Roll or as otherwise disclosed to Lender in the any Tenant Estoppel, all Rents due and payable under each Lease or have been paid in full and, except for estimated payments of operating expenses and taxes made by Borrowertenants in accordance with their Leases, no Rent has Rents have been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.one

Leases. The There are no leases, license agreements or other occupancy agreements for the Property is not subject to any leases binding upon the Purchaser or its successors other than the Leases described in on the rent roll schedule of leases attached hereto as Schedule I and made a part hereof, which rent roll is Exhibit B. The copies of the Leases delivered to Purchaser by or on behalf of Seller prior to the execution of this Agreement are true, accurate and complete and accurate in all material respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrancesdate hereof, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand none of the Leases has been further modified, except as set forth on amended or extended. None of the rent roll attached hereto as Schedule I Leases shall be further extended, modified or amended prior to Closing without the Purchaser’s consent, which shall not be unreasonably withheld, conditioned or delayed. Neither landlord nor, to Seller’s knowledge any of the tenants, is in any tenant estoppel certificate delivered to Lenderdefault under the Leases, and there are no uncured defaults thereunder by Borrower nor, other obligations of the landlord pertaining to the best Property except as expressly set forth in the Leases. To the knowledge of Borrower’s knowledgeSeller, no controversy, claim, dispute or disagreement exists between the parties to any other party thereunder andof the Leases, to the best of Borrower’s knowledge, there are and no conditions thatevent has occurred which, with the giving of notice or the passage of time or the giving of noticetime, or both, would constitute defaults thereunder. Except as set forth in a default under any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date Leases. The Leases are all in full force and effect. Neither the tenants under the Leases (the “Tenants”) nor any other person, firm or corporation has been performed as required and has been accepted by any right, option or agreement to purchase the applicable TenantProperty, and any paymentsincluding, free rentbut not limited to, partial rent, rebate purchase options or rights of rent or other payments, credits, allowances or abatements required first refusal to be given by Borrower to any Tenant as of purchase the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all Property or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentthereof. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in The security deposits for the Leases are listed on Exhibit B and there are no security deposits or except as set forth in any tenant estoppel certificate delivered to Lenderother deposits other than those described on Exhibit B. There are no brokerage, no Tenant under any Lease has any right leasing or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions other commissions payable with respect to the payment Leases as of rent the date hereof, and at Closing, there shall be no such commissions payable, whether with respect to the present terms thereunder or other sums any renewals. There are no unperformed requirements under the Leases for the Seller to perform or fund the performance of any obligations under its Lease tenant build-out or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingimprovement work.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge, no No Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Mortgagor hereby collaterally assigns and transfers to Lender all the rents, issues and profits of the Premises, whether now or hereafter accruing, and hereby gives to and confers upon Lender the right, power and authority to collect such rents, issues and profits. From time to time, upon the request of Lender, Mortgagor shall give further evidence of the foregoing assignment to Lender by executing and delivering to Lender specific assignments (in form and substance satisfactory to Lender) of the rents, issues and profits. From time to time, Mortgagor shall also execute and deliver to Lender any notice to tenants or other document reasonably required by Lender. Mortgagor irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender at any time and from time to time after the occurrence of any Event of Default under this Mortgage (whether or not subject Lender takes possession of the Premises), to any leases other than the Leases described demand, receive and enforce payment, to give receipts, releases and satisfactions, and to xxx, in the rent roll attached hereto as Schedule I name of Mortgagor or Lender, for all such rents, issues and made a part hereofprofits and apply the same to the indebtedness secured hereby; provided, which rent roll is truehowever, complete that Mortgagor shall have permission to collect such rents, issues and accurate profits (but rents shall not be collected for more than one month in all respects as advance) prior to the occurrence of any Event of Default under this Mortgage. Upon the occurrence of any Event of Default, the permission hereby given to Mortgagor to collect such rents, issues and profits shall terminate and such permission shall not be reinstated upon the cure of the Closing DateEvent of Default without Lender’s specific written consent. Borrower is Further, upon the owner occurrence of any Event of Default, Mortgagor shall immediately turn over to Lender all rents, issues and lessor profits in the actual or constructive possession of Mortgagor (or sublessor) its agents or affiliates), together with an accounting thereof. Exercise of landlordLender’s interest in rights under this Section, and the Leases. Except with respect application of any rents, issues and profits to the Permitted Encumbrancesindebtedness secured hereby, shall not cure or waive any default. To the fullest extent allowed by law, the assignment of the rents, issues and profits of the Premises in this Section is intended to be an absolute assignment from Mortgagor to Lender and not merely the passing of a security interest but Mortgagor shall have the right to collect the same so long as no Person has Event of Default under this Mortgage shall have occurred. Upon any possessory interest occurrence of any Event of Default under this Mortgage, Lender may, at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the Property (adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the Premises, or any portion part thereof) , and in its own name xxx for or right to occupy otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same except under and pursuant to in accordance with the provisions of Section 2.3(b) hereof The collection of such rents, issues and profits, or the Leasesentering upon and taking possession of the Premises, or the application thereof as aforesaid, shall not cure or waive any Event of Default or notice of default hereunder or invalidate any act done in response to such Event of Default or pursuant to such notice of default. The current Leases are Mortgagor shall not execute any other assignment of the income, rents, issues or profits, or any part thereof, from the Premises to any person or entity other than Lender. Mortgagor covenants that it shall, at its sole cost and expense, (a) duly and punctually perform and discharge, or cause to be performed and discharged, all of the obligations and undertakings of Mortgagor or its agents under all leases affecting the Premises, (b) use its best efforts to enforce or secure, or cause to be enforced or secured, the performance of each and every obligation and undertaking of the respective tenants under such leases, (c) promptly notify Lender if Mortgagor receives any notice from a tenant claiming that Mortgagor is in full force default under a lease, and effect and, except as set forth on the rent roll attached hereto as Schedule I (d) appear in and defend any action or proceeding arising under or in any tenant estoppel certificate delivered manner connected with the leases. Mortgagor shall not execute any leases pertaining to the Property without the prior written consent of Lender, there are no uncured defaults thereunder by Borrower nor, which consent shall not be unreasonably withheld and all leases shall be inferior and subordinate to the best lien of Borrower’s knowledge, any other party thereunder and, to this Mortgage and the best terms of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandinglease shall so expressly provide.

Leases. The Property is not subject to any leases Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease) and the other Leases described in identified on Schedule II hereof (the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with “Other Leases”)(with respect to which Borrower has assigned to Anchor Tenant the Permitted Encumbrances, no right to collect and retain all rent thereunder). No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease and the Other Leases. The current Leases are Anchor Tenant Lease is in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower’s knowledge after inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under the Anchor Tenant Lease and each Other Lease as of the Closing Date has been performed as required and has been accepted by the Anchor Tenant or any other applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Anchor Tenant as of the Closing Date has already been received by (or credited to) such Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledgeknowledge after inquiry, no Anchor Tenant listed on Schedule I has not assigned its the Anchor Tenant Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no nor does anyone except Anchor Tenant and its employees occupy such Tenant holds its leased premises (other than the tenants under assignmentthe Other Leases). Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Anchor Tenant under any Lease has does not have a right or option pursuant to such the Anchor Tenant Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partpart other than the right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate Environmental Report delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered connection herewith, to LenderBorrower’s actual knowledge, no tenant has (i) asserted hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any defense knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or otherwise sought indirectly, involves the use, generation, treatment, storage, disposal or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance transportation of any obligations under its Lease petroleum product or (ii) made any other bona fide request for toxic or otherwise given written notice that it intends to seek any amendmenthazardous chemical, waivermaterial, deferralsubstance or waste, forbearance or other modification of any term or provision of its Leaseexcept in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result local statues, rules and regulations. The guaranty of the COVID-19 pandemic or any Emergency Law Anchor Tenant Lease executed by Anchor Lease Guarantor is in full force and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingeffect.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll XI is true, complete and accurate correct in all material respects as of and no Individual Property is subject to any material Leases other than the Closing DateLeases described on Schedule XI. Either Borrower or Operating Lessee is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases (other than typical short-term occupancy rights of hotel guests). The current Leases identified on Schedule XI are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured material defaults thereunder by Borrower norBorrower, Operating Lessee or, to the best of Borrower’s and Operating Lessee’s knowledge, any the other party thereunder beyond any applicable notice or cure period (except as disclosed on Schedule XI), and, to the best of Borrower’s and Operating Lessee’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate The copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed and there are no oral agreements with respect thereto. No Rent relating to Lender in the Lease or by Borrower, no Rent Leases (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower or Operating Lessee under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Lessee to any Tenant as of the Closing Date tenant has already been received by such tenant except as otherwise set forth on Schedule XI. The tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Individual Property and have commenced the payment of full, unabated rent under the Leases. Borrower or Operating Lessee has delivered to Lender a true, correct and complete list of all security deposits made by tenants at the Properties which have not been applied (including accrued interest thereon), all of which are held by Borrower or Operating Lessee in accordance with the terms of the applicable Lease and applicable Legal Requirements. To Borrower’s and Operating Lessee’s knowledge, each tenant is free from bankruptcy or reorganization proceedings. No tenant under any Lease (or credited toany sublease) such Tenantis an Affiliate of Borrower or Operating Lessee. To Borrower’s and Operating Lessee’s knowledge, the tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Individual Property, except as set forth on Schedule XI. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents relating thereto or other Gross Revenue received therein, in each case, therein which is outstandingwill be outstanding following the funding of the Loan (other than to Lender). To Borrower’s knowledge, no Tenant No tenant listed on Schedule I XI has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor, to Borrower’s and Operating Lessee’s knowledge, does anyone except such tenant and its employees, guests and invitees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except , except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingon Schedule XI.

Leases. The No Individual Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto as Schedule I and made a part hereofdelivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and accurate in all respects as of the Closing Date. With respect to each Individual Property, the applicable Individual Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the applicable Leases. The current Leases are in full force and effect effect, and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lendereach Individual Borrower’s knowledge after due inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by the applicable Individual Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by the applicable Individual Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To each Individual Borrower’s knowledgeknowledge after due inquiry, no Tenant listed on Schedule I the Certified Rent Roll has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderon Schedule VI hereto, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is not subject to any leases Leases other than the Leases described in on the rent roll Rent Roll attached as SCHEDULE IV hereto as Schedule I and made a part hereof, which rent roll is true, complete hereof (and accurate in all respects as of the Closing Datesubleases permitted under any Anchor Lease). Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderBorrower's knowledge after inquiry, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge's knowledge after inquiry, except as set forth on SCHEDULE IV, no Tenant tenant listed on Schedule I SCHEDULE IV has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderSCHEDULE IV, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Leases Environmental Report delivered to Lender in connection herewith, no hazardous wastes or in toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted under any defense Lease on or otherwise sought or given notice (whether written or oral) that it intends to seek about the leased premises nor does Borrower have any relief or concessions with respect to the payment of rent or other sums or the performance knowledge of any obligations under tenant's intention to use its Lease leased premises for any activity which, directly or (ii) made any other bona fide request for indirectly, involves the use, generation, treatment, storage, disposal or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification transportation of any term petroleum product or provision of its Leaseany toxic or hazardous chemical, material, substance or waste, except in either event, in each case (A) pursuant to any force majeure clause contained in its Lease compliance with applicable federal, state or otherwise as a result of the COVID-19 pandemic or any Emergency Law local statues, rules and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingregulations.

Leases. (a) The Property is Properties are not subject to any leases Leases other than the Leases described in the rent roll Schedule 4.1.25(A) attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The Except as otherwise set forth on Schedule 4.1.25(B) hereof, the current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower noror, to the best of Borrower’s knowledge, any other party thereunder andtenant under any Lease, and to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable lawpayment of any portion of the Rents. Except as otherwise set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borroweron Schedule 4.1.25(B) hereof, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeExcept as described on Schedule 4.1.25, no Tenant listed on Schedule I tenant under any Lease has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignmentsublease, nor does anyone except such tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as otherwise set forth in a Lease or in any tenant estoppel certificate delivered to Lenderon Schedule 4.1.25(B) hereof, no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as otherwise set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lenderon Schedule 4.1.25(B) hereof, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed set forth in the Environmental Reports, no Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of any tenant’s intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in writing compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable Individual Property or each tenant’s respective business at such Individual Property as set forth in the Leases or in any tenant estoppel certificate delivered to Lendertheir respective Leases, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requestsheld by a tenant for sale to the public in its ordinary course of business, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding(C) fully disclosed to and approved by Lender in writing pursuant to the Environmental Reports.

Leases. The (a) Prior to execution of any Leases of space in the Improvements after the date hereof, Borrower shall submit to Lender, for Lender’s prior approval, which approval shall not be unreasonably withheld, a copy of the form Lease Borrower plans to use in leasing space in the Improvements or at the Property. All such Leases of space in the Improvements or at the Property shall be on terms consistent with the terms for similar leases in the market area of the Premises, shall provide for free rent only if the same is not subject to any leases other than consistent with prevailing market conditions, shall provide for market rents then prevailing in the market area of the Premises and substantially all of the Leases described at the Property shall be for a term of not less than six (6) months or greater than one (1) year. Such Leases may also provide for security deposits in the rent roll attached hereto as Schedule I and made a part hereofreasonable amounts consistent with prevailing market conditions. Borrower shall also submit to Lender for Lender’s approval, which rent roll is trueapproval shall not be unreasonably withheld, complete prior to the execution thereof, any proposed Lease of the Improvements or any portion thereof that differs materially and accurate adversely from the aforementioned form Lease. Borrower shall not execute any Lease for all or a substantial portion of the Property, except for an actual occupancy by the Tenant, lessee or licensee thereunder, and shall at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except Leases with respect to the Permitted EncumbrancesProperty, no Person has any possessory interest in now or hereafter existing, on the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions part of the Leaseslandlord, lessor or licensor thereunder to be kept and performed. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered Borrower shall furnish to Lender, there are no uncured defaults thereunder within ten (10) days after a request by Lender to do so, but in any event by January 1 of each year, a current Rent Roll, certified by Borrower noras being true and correct, containing the names of all Tenants with respect to the best Property, the terms of their respective Leases, the spaces occupied and the rentals or fees payable thereunder and the amount of each Tenant’s security deposit, if any. Upon the request of Lender, Borrower shall deliver to Lender a copy of each such Lease. Borrower shall not do or suffer to be done any act, or omit to take any action, that might result in a default by the landlord, lessor or licensor under any such Lease or allow the Tenant thereunder to withhold payment of rent or cancel or terminate same and shall not further assign any such Lease or any such Rents and Profits. Borrower’s knowledge, at no cost or expense to Lender, shall enforce, short of termination, the performance and observance of each and every condition and covenant of each of the parties under such Leases and Borrower shall not anticipate, discount, release, waive, compromise or otherwise discharge any other party thereunder and, rent payable under any of the Leases except to the best extent consistent with prudent collection practices. Notwithstanding the foregoing, at any time and from time to time, Lender shall be entitled to, and Borrower hereby grants to Lender the right to, undertake any and all action as may be required (in the sole discretion of Borrower’s knowledgeLender) to cure any default, there are no conditions that, or event which with the passage of time or the giving of notice, or both, would following any notice and cure period shall constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or a default by Borrower, under such Leases. Borrower shall not, without the prior written consent of Lender, modify any of the Leases, terminate or accept the surrender of any Leases, waive or release any other party from the performance or observance of any obligation or condition under such Leases except in the normal course of business in a manner which is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located. Borrower represents, warrants and covenants that no Rent has Rents have been paid anticipated, discounted, released, waived, compromised or otherwise discharged, except for prepayment of rent of not more than one (1) month in advance prior to the accrual thereof, except for prepayments for up to thirty percent (30%) of its due date (other than in connection the Leases at the Property consistent with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender sound and customary leasing practices for similar properties in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, community in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingProperty is located.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s 's interest in the Operating Leases. Except with respect to Operating Lessee is the Permitted Encumbrances, no lessor under all other Leases. No Person (other than hotel guests) has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases and Management Agreements. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower noror, to the best of Borrower’s 's knowledge, any other party thereunder andtenant under any Lease, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease)payment of any portion of the Rents. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledge, no Tenant listed on Schedule I No tenant under any Lease has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no nor does anyone except such Tenant holds tenant and its employees occupy such leased premises under assignmentpremises. Except as disclosed to Lender or except as set forth in a Lease or in any No tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to LenderLeases, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed To the best of Borrower's knowledge, no Hazardous Materials have been disposed, stored or treated by any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of any tenant's intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in writing compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable Individual Property or each tenant's respective business at such Individual Property as set forth in the Leases or in any tenant estoppel certificate delivered to Lendertheir respective Leases, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requestsheld by a tenant for sale to the public in its ordinary course of business, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding(C) fully disclosed to and approved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner correct and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or is not subject to any portion thereof) or right to occupy Leases other than the same except under and pursuant to the provisions of the Leases. Leases described in Schedule I. The current Leases identified on Schedule I are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower noreither party. The copies of the Leases delivered to Lender are true and complete, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent (including security deposits) has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. The Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of rent under the Leases. There are no security deposits under any of the Leases. Each Tenant under a Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. No Tenant under any Lease is in default under the terms and conditions of such Lease. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise previously disclosed to Lender in the Lease or by Borrowerwriting, sublet all or any portion of the premises demised thereby, and no such Tenant holds its leased premises under assignment. Except as disclosed to Lender fees or except as set forth commissions will become due and payable in a Lease or the future in connection with the Leases, including by reason of any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to extension of such Lease or otherwise to purchase all or any part expansion of the space leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or thereunder, except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as previously been disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingwriting.

Leases. The Property is not subject to any leases Leases other than the Leases described in the certified rent roll attached hereto as Schedule I delivered in connection with the origination of the Loan and made a part hereof, which the Air Rights Lease. Such certified rent roll is true, complete and accurate correct in all material respects as of the Closing Datedate set forth therein. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the LeasesLeases or the REAs. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered and to LenderMezzanine Borrower's knowledge, there are no uncured material defaults thereunder by Borrower noreither party (other than as expressly disclosed in the Loan Agreement (Mortgage), on the certified rent roll delivered to Mezzanine Lender or the best Tenant estoppel certificates delivered to Mezzanine Lender in connection with the closing of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, Loan) and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than date, except as disclosed in the Tenant estoppel certificates delivered to Mezzanine Lender in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except closing of the Loan and as otherwise set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by Loan Agreement (or credited to) such TenantMortgage). There has been no prior sale, transfer or assignment, hypothecation or pledge by Mezzanine Borrower of any Lease or of the Rents received therein, in each casewhich will be outstanding following the funding of the Loan, which is outstandingother than those being assigned to Mezzanine Lender concurrently herewith. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except Other than the right to purchase the Air Rights Parcel as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender contained in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to LenderAir Rights Lease, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building property of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The rent rolls attached hereto as Schedule I are true, complete and correct and no Property is not subject to any leases Leases other than the Leases described in Schedule I. Borrowers are the rent roll attached hereto as Schedule I owners and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) lessors of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Except as set forth on the rent rolls attached hereto as Schedule I: (i) the Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower noreither party beyond any applicable notice or cure period, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate , (ii) the copies of the Leases delivered to LenderLender are true and complete, or as otherwise disclosed to Lender in the Lease or by Borrowerand there are no oral agreements with respect thereto, (iii) no Rent (excluding security deposits) has been paid more than one (1) month in advance of its due date date, (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, iv) all work to be performed by any Borrower under each any Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and (v) any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to any Tenant as of the Closing Date has already been received by such Tenant, (vi) the Tenants under the Leases have accepted possession of and are in occupancy of all of their respective demised Property and have commenced the payment of full, unabated rent under the Leases, (vii) Borrowers have delivered to Lender a true, correct and complete list of all security deposits made by Tenants at any Property which have not been applied (including accrued interest thereon), all of which are held by Borrowers in accordance with the terms of the applicable Lease and applicable Legal Requirements, (viii) each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings, (ix) no Tenant under any Lease (or credited toany sublease) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge is an Affiliate of any Borrower, (x) the Tenants under the Leases are open for business and paying full, unabated rent and no Tenant has requested to discontinue its business at its premises, (xi) there are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the Rents received thereinspace leased thereunder, in each case, which is outstanding. To Borrower’s knowledge, (xii) no Tenant listed on Schedule I under any Lease has any right or option for additional space in the Improvements and (xiii) no Tenant has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender There has been no prior sale, transfer or as set forth in the Leases assignment, hypothecation or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under pledge of any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingRents received therein which is still in effect.

Leases. The To Borrower’s actual knowledge, (a) the Property is not subject to any leases Leases other than the Leases described in the rent roll Schedule III attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. (b) Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, (c) no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The Leases and (d) the current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of effect. To Borrower’s actual knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrowerdate, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenanttenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date tenant has already been received by (or credited to) such Tenanttenant. There Other than in connection with the Original Loan, to Borrower’s actual knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s actual knowledge, except as set forth on Schedule III, no Tenant tenant listed on Schedule I III has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant tenant holds its leased premises under assignment. Except as disclosed to Lender assignment or sublease, nor does anyone except as set forth in a Lease or in any such tenant estoppel certificate delivered to Lenderand its employees occupy such leased premises, and no Tenant tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or To Borrower’s actual knowledge, except as set forth in any tenant estoppel certificate delivered to Lenderon Schedule III, no Tenant tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The rent roll delivered by Seller to Buyer attached hereto as Exhibit 6.07 is true, correct and accurate as of the date thereof. There are no leases affecting the Property is not subject to any leases other than the Leases described in listed on the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as roll. Each of the Closing Date. Borrower Leases is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect andand has not been further modified or amended except as otherwise disclosed by Seller to Buyer in writing. There are no written or oral promises undertakings, or agreements between Seller and any tenant that have not been disclosed by Seller as part of Seller's Information provided by Seller to Buyer, except as set forth on in the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s Leases. To Seller's actual knowledge, there are no conditions thatdefaults by any party to the Leases or any defenses, setoffs, or counterclaims for the benefit of the tenants under the Leases and no rent has been prepaid nor concessions given to the tenants under the Leases except as disclosed in the Leases. To Seller's actual knowledge, no tenant of the Property is the subject of a bankruptcy or insolvency proceeding. To Seller’s actual knowledge, there are no currently existing facts which, with the passage giving of time notice or the giving lapse of noticetime, or both, would constitute defaults thereunder. Except as set forth in a default by Seller or any tenant estoppel certificate delivered to Lenderunder the Leases, or as otherwise disclosed which has given rise to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in current dispute between Seller and any tenant estoppel certificate delivered to Lenderunder the Leases. No Lease is presently in arbitration or litigation, or as otherwise disclosed to Lender in the Lease or by Borrowerand no tenant, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease date hereof has any right charge, lien or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations offset under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance against the rent or other modification charges due or to become due under such tenant’s Lease. Seller, to its actual knowledge, is in full compliance with all of its obligations under the Leases. Except as otherwise provided in Section 11.12 hereof, all tenant improvement allowances due any tenant currently occupying a portion of the Property have been or will be paid in full by Seller. Seller has not released any guarantors of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic Leases and will not, prior to Closing, release any person or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingentity having liability under a Lease to the Seller as lessor therein.

Leases. The Borrower has delivered a true, correct and complete schedule (the “Rent Roll”) of all Leases affecting the Property is not subject to as of the date hereof, which accurately and completely sets forth in all material respects for each such Lease, the following: the name of the Tenant, the Lease expiration date, the base rent payable, the amount of any leases rent prepaid more than one (1) month in advance, the security deposit held thereunder and any other than the material provisions of such Lease. Upon Lender’s written request, Borrower shall provide true, correct and complete copies of all Leases described in the rent roll attached hereto as Schedule I Rent Roll. Each Lease constitutes the legal, valid and made a part hereof, which rent roll is true, complete and accurate in all respects as binding obligation of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledgeknowledge and belief, there are no conditions thatis enforceable against the Tenant thereof. No default exists, or with the passage passing of time or the giving of noticenotice or both would exist, under any Lease which would, in the aggregate, have a material adverse effect on Borrower or both, would constitute defaults thereunderthe Property. Except as set forth in the Rent Roll, no Tenant under any tenant estoppel certificate delivered to LenderLease has, as of the date hereof, paid rent more than thirty (30) days in advance, and the rents under such Leases have not been waived, released, or as otherwise disclosed to Lender in the Lease discharged or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)compromised. All security deposits required under such Leases have been fully funded and are held by Borrower in accordance with a separate segregated account or as otherwise required by applicable law. Except as set forth in No Lease provides any tenant estoppel certificate delivered party with the right to Lenderobtain a lien or encumbrance upon the Property superior to the lien of this Deed of Trust. The Property forms no part of any property owned, used or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed claimed by Borrower as a residence or business homestead and is not exempt from forced sale under each Lease as the laws of the Closing Date has been performed as required state in which the Premises is located. Borrower hereby disclaims and has been accepted by the applicable Tenant, renounces each and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required every claim to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise Property as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandinghomestead.

Leases. The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Mortgage Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, and there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other either party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease)date. All security deposits are held by Mortgage Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all All work to be performed by Mortgage Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, therein which is outstanding. To Borrower’s knowledge, no No Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignmentassignment or sublease, nor does anyone except such Tenant and its employees occupy such leased premises. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no No Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

Leases. The Property is Properties are not subject to any leases Leases other than the Leases described in Operating Leases, the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing DateImmaterial Leases. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no No Person has any possessory interest in the any Individual Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Operating Leases, the Immaterial Leases. The current Operating Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower noror any the Operating Tenant thereunder, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder such Operating Lease. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no No Rent has been paid more than one (1) month in advance of its due date (other than in connection with date. There are no offsets or defenses to the first month’s Rent under a new Lease)payment of any portion of the Rents. All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Operating Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Operating Lease or of the Rents received therein, in each case, therein which is outstandingstill in effect. To Borrower’s knowledgeOther than with respect to Immaterial Leases, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth Other than in a Lease or in any tenant estoppel certificate delivered to Lenderconnection with an Out-Parcel, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed To Borrower’s knowledge, no Hazardous Materials have been disposed, stored or treated by any Tenant under any Operating Lease on or about the leased premises nor does Borrower have any knowledge of any Operating Tenant’s intention to Lender use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any Hazardous Materials, except those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable Individual Property or each Operating Tenant’s business at such Individual Property as set forth in the Leases Operating Leases, (B) held by such Operating Tenant for sale to the public in its ordinary course of business, or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as (C) fully disclosed to and approved by Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect pursuant to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingEnvironmental Reports.

Leases. The Property is not subject Borrowers have delivered to any leases other than the Agent true and complete copies of the Leases described in the rent roll attached hereto and any amendments thereto relating to each Collateral Property required to be delivered as Schedule I and made a part of the Eligible Real Estate Qualification Documents as of the date hereof, which rent roll is true, . An accurate and complete and accurate Rent Roll in all material respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) date of landlord’s interest inclusion of each Collateral Property in the Leases. Except Collateral with respect to all Leases of any portion of the Permitted Encumbrances, no Person Collateral Property has any possessory interest been provided to the Agent. The Leases previously delivered to Agent as described in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would preceding sentence constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and has been accepted by in the applicable Tenant, and Building relating thereto. No tenant under any payments, Lease is entitled to any free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to any Tenant deduction in rent, including, without limitation, lease support payments or lease buy-outs, except as reflected in such Leases or such Rent Roll. Except as set forth in Schedule 6.22, the Leases reflected therein are, as of the Closing Date date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has already been received by (given or credited to) such Tenant. There has been no prior salemade, transfer or assignment, hypothecation or pledge any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the best of the knowledge and belief of the Borrowers and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the material terms under a Lease or of the Rents received therein, in each caserespective Borrower as landlord under the Lease, which is outstandingwould result in a Material Adverse Effect. To Borrower’s knowledge, no Tenant listed on Schedule I No security deposit or advance rental or fee payment (more than 2 months in advance) has assigned its Lease been made by any lessee or licensor under the Leases except as set forth may be specifically designated in any tenant estoppel certificate delivered the copies of the Leases furnished to Lender, the Agent or as otherwise disclosed to Lender Agent in writing. No property other than the Lease or by Borrower, sublet all or any portion Collateral Property which is the subject of the premises demised therebyapplicable Lease is necessary to comply with the requirements (including, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lenderwithout limitation, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (iparking requirements) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstandingsuch Lease.