Common use of Credit Lease Loans Clause in Contracts

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity Date; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan; (I) For each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that requires upon such termination the payment in full of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity Date; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan; (I) For each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that requires upon such termination the payment in full of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and; (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection; and (K) The Borrower under the Mortgage Loan identified as GMACCM Loan No. 4210 in the Mortgage Loan Schedule (a) does not have any material monetary obligations under the Credit Lease other than those for which the related tenant is required to reimburse the Borrower and indemnity obligations for liabilities imposed by applicable law, (b) does not have any material non-monetary obligations under the Credit Lease except for the delivery of possession of the leased property and providing estoppel certificates, and (c) except for representations qualified by its knowledge, has not made any material representation or warranty under the Credit Lease that would impose any material monetary obligation upon the Borrower or result in the termination of the Credit Lease.

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity Date; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan; (I) For each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that requires upon such termination the payment in full of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.no

Credit Lease Loans. With respect to each Mortgage Loan which is a credit lease loan (a "Credit Lease Loan:"): (Aa) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (Bb) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease credit lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1a) each Credit Lease credit lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Leasecredit lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2b) none of the terms of the Credit Lease credit lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3c) no tenant has been released, in whole or in part, from its obligations under the Credit Leasescredit leases, (4d) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Leasecredit lease, nor will the operation of any of the terms of the Credit Leasescredit leases, or the exercise of any rights thereunder, render the Credit Lease credit lease unenforceable, in whole or in part, or subject to any right of rescission, offset, E-512 abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, thereto and (5e) each Credit Lease credit lease has a term ending on or after the final maturity of the related Credit Lease Loan; (Cc) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (Dd) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Lease which have been disclosed to Purchaser, each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (Ee) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (Ff) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (Gg) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (Hh) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan;mortgages thereunder; and (Ii) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the Tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, condemnation the tenant Tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan which that is a Credit Lease Loan:; (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity Date; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (GE) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (HF) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan; (G) Except with respect to the Mortgage Loans listed on Schedule C-1 hereto, the lease payments due under the related Credit Lease, together with any escrow payments held by the Seller or its designee, are equal to or greater than the payments due with respect to the related Mortgage Loan; (H) Except with respect to Credit Lease Loans listed on Schedule C-1 hereto, the Mortgagor does not have monetary obligations under the related Credit Lease, and every monetary obligation associated with managing, owning, developing and operating the leased property, including, but not limited to, the costs associated with utilities, taxes, insurance, maintenance and repairs is an obligation of the related Tenant; (I) For each The Mortgagor does not have any nonmonetary obligations under the related Credit Lease, except for the delivery of possession of the leased property; (J) Except with respect to Credit Lease Loan under Loans listed on Schedule C-1 hereto, the Mortgagor has not made any representation or warranty in the related Credit Lease, a breach of which a would result in the termination of, or an offset or abatement with respect to, such Credit Lease; (K) Except with respect to Credit Lease may be terminated upon Loans listed on Schedule C-1 hereto, the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that requires upon related Tenant cannot terminate such termination Credit Lease for any reason prior to the payment in full of: (a) the principal balance of the loan and related Mortgage Loan; (b) all accrued and unpaid interest on the such Mortgage Loan. Under ; and (c) any other sums due and payable under such Mortgage Loan, as of the termination date, which date is a rent payment date, except for a default by the related Mortgagor under the Credit Lease for each Credit Lease Loan, upon the occurrence of or due to a casualty or condemnationcondemnation event, in which case, a lease enhancement policy insures against such risk; (L) In the event the related Tenant assigns or sublets the related leased property, such Tenant (and if applicable, the tenant related guarantor) remains obligated under the related Credit Lease; (M) Except with respect to Credit Lease Loans listed on Schedule C-1 hereto, each property related to a Credit Lease Loan is a separate tax lot; (N) The related Tenant has no right agreed to indemnify the Mortgagor from any claims of rent abatementany nature (a) to which the Mortgagor is subject because of such Mortgagor's estate in the leased property, except or (b) arising from (i) injury to or death of any person or damage to or loss of property on the leased property or connected with the use, condition or occupancy of the leased property, (ii) Tenant's violation of the related Credit Lease, or (iii) any act or omission of the Tenant; (O) Except with respect to the extent Mortgage Loans listed on Schedule C-1 hereto, related Tenant has agreed to indemnify the Mortgagor from any claims of coverage provided by any nature arising as a result of any hazardous material affecting the leased property and due to such Tenant's use of the leased property; (P) In connection with the Credit Lease Loans with respect to which a Guaranty exists, the related guarantor guarantees the payment due under the related Credit Lease and such Guaranty, on its face, contains no conditions to such payment; (Q) Except with respect to Credit Lease Loans that have the benefit of residual value insurance policies and lease enhancement insurance policypolicies, each such policy has been obtained and with respect to the Credit Leases other than bond-type leases, the required premiums have been paid; and (JR) The terms list of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collectionlease guarantors listed on Schedule C-1 hereto, is accurate in all material respects.

Credit Lease Loans. With respect to Loan Numbers DBM17722 (Walgreens Hattiesburg), DBM17726 (Walgreens Madison) and DBM17729 (Walgreens Savannah) only, which are each Mortgage Loan which is a Credit Lease LoanLoans: (Ai) To the Seller's knowledge, each credit lease ("Such Credit Lease") Lease contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (Bii) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Such Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each Credit Lease Loan (1) each Credit Lease was is in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor nor, to Seller's knowledge is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit LeasesLease, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit LeasesLease, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each such Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (Ciii) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (Div) The lease base rental payments under the related Credit Lease are sufficient equal to pay or greater than the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights and are payable without notice or demand, and without right of the Tenant to terminate the Credit Lease setoff, counterclaim, recoupment, abatement, reduction or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Leasedefense. Each Such Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment Balloon Payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLease; (Ev) Under the terms of the Credit LeasesLease, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (Fvi) The mortgagee is entitled to notice of any event of default from the tenant under Credit LeasesLease; (Gvii) Each tenant under a Credit Lease is required to make all rental payments directly direCredit Leasey to the mortgagee, its successors and assigns under the related Credit Lease Loan; (Hviii) Each Such Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees mortgagee under the related Credit Lease Loan; (Iix) For each Such Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each such Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement; (x) The related Mortgagor is the landlord under the Credit Lease and does not have any monetary obligations under the Credit Lease, except and every monetary obligation associated with managing, owning, developing and operating the leased property (including, but not limited to, the costs associated with utilities, taxes, insurance, ground rents, payments under any easement agreements affecting the Mortgaged Property, capital and structural improvements, maintenance and repairs) is an obligation of the tenant and without recourse or liability to the Mortgagor. The Mortgagor does not have any continuing non-monetary obligations under the Credit Lease, the performance of which would involve a material expenditure of funds or the non-performance of which would entitle the tenant to terminate the related Credit Lease or could result in the abatement of rent or a right of set-off; (xi) The tenant has agreed to indemnify the related Mortgagor from any claims or losses of any nature arising as a result of any hazardous material affecting the leased property caused by the tenant and arising after commencement of the Credit Lease. The tenant has agreed to indemnify the Mortgagor from any claims of any nature relating to the Mortgage Loan and the Mortgaged Property; (xii) The assignment of the Credit Lease creates a valid first priority security interest in favor of the holder of the Mortgage Loan, its successors and assigns, in rights under the Credit Lease, including the right to monthly lease payments and, to the extent of coverage provided payable under each Credit Lease, additional rent due under the related Credit Lease; No person owns any interest in any payments due under such Credit Lease other than the Mortgagor; (xiii) The Credit Lease is subordinate in right to the related Mortgage; any subleased entered into by the tenant will be subject to and subordinate to the Mortgage and the Credit Lease and will not relieve the tenant of any of its obligations under the Credit Lease; In the event the holder of the Mortgage Loan acquires title to a Credit Lease property by foreclosure or otherwise, the Mortgagor's interest under the related lease enhancement insurance policyCredit Lease is freely assignable by the such holder and its successors and assigns to any person without the consent of the tenant, and in the event the Mortgagor's interest is so assigned, the tenant will be obligated to recognize the assignee as lessor under such Credit Lease; and (Jxiv) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collectionleased property is a separate tax parcel.

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan;; and (I) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1a) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2b) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3c) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4d) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5e) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees mortgagee under the related Credit Lease Loan;; and (I) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, condemnation the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan which is a Credit Lease Loan: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1a) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2b) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3c) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4d) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5e) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees mortgagee under the related Credit Lease Loan;; and (I) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan Numbers DBM14397, DBM14755 and DBM14850 only, which is a are Credit Lease LoanLoans: (A) To the Seller's knowledge, each such credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in In reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each such Credit Lease Loan (1) each such Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit LeasesLease, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit LeasesLease, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each such Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Such Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLease; (E) Under the terms of the Credit LeasesLease, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under the Credit LeasesLease; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Such Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees mortgagee under the related Credit Lease Loan;; and (I) For each Under the Credit Lease Loan under which a for such Credit Lease may be terminated Loan, where the tenant has the right of termination or rent abatement upon the occurrence of a casualty or condemnation, there exists a lease enhancement insurance policy has been obtained that requires upon such termination the payment in full of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and. (J) The terms of any guaranty of the payment and performance obligations of the tenant under any the Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan Number GMAC 4750 and Loan Number GMAC 1520 only, which is a are Credit Lease LoanLoans: (A) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (B) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease or representations made by the related borrower under the Mortgage Loan Documents, as of the closing date of each Credit Lease Loan (1) each Credit Lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2) none of the terms of the Credit Lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3) no tenant has been released, in whole or in part, from its obligations under the Credit Leases, (4) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Lease, nor will the operation of any of the terms of the Credit Leases, or the exercise of any rights thereunder, render the Credit Lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, and (5) each Credit Lease has a term ending on or after the final maturity of the related Credit Lease Loan; (C) The Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (D) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxxabate, suspend or otherwise diminish any amounts payable paxxxxx by the tenant under the Credit Lease. Each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (E) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (F) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (G) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (H) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan;; and (I) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, the tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.

Credit Lease Loans. With respect to each Mortgage Loan which is a credit lease loan (a "Credit Lease Loan:"): (Aa) To the Seller's knowledge, each credit lease ("Credit Lease") contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder; (Bb) To the Seller's knowledge, in reliance on a tenant estoppel certificate and representation made by the tenant under the Credit Lease credit lease or representations made by the related borrower under the Mortgage Loan Documentsdocuments, as of the closing date of each Credit Lease Loan (1a) each Credit Lease credit lease was in full force and effect, and no default by the borrower or the tenant has occurred under the Credit Leasecredit lease, nor is there any existing condition which, but for the passage of time or the giving of notice, or both, would result in a default under the terms of the Credit Lease, (2b) none of the terms of the Credit Lease credit lease have been impaired, waived, altered or modified in any respect (except as described in the related tenant estoppel), (3c) no tenant has been released, in whole or in part, from its obligations under the Credit Leasescredit leases, (4d) there is no right of rescission, offset, abatement, diminution, defense or counterclaim to any Credit Leasecredit lease, nor will the operation of any of the terms of the Credit Leasescredit leases, or the exercise of any rights thereunder, render the Credit Lease credit lease unenforceable, in whole or in part, or subject to any right of rescission, offset, abatement, diminution, defense or counterclaim, and no such right of rescission, offset, abatement, diminution, defense or counterclaim has been asserted with respect thereto, thereto and (5e) each Credit Lease credit lease has a term ending on or after the final maturity of the related Credit Lease Loan; (Cc) The To the Seller's knowledge, the Mortgaged Property is not subject to any lease other than the related Credit Lease, no Person has any possessory interest in, or right to occupy, the Mortgaged Property except under and pursuant to such Credit Lease and the tenant under the related Credit Lease is in occupancy of the Mortgaged Property; (Dd) The lease payments under the related Credit Lease are sufficient to pay the entire amount of scheduled interest and principal on the Credit Lease Loan, subject to the rights of the Tenant to terminate the Credit Lease or offset, xxxxx, suspend or otherwise diminish any amounts payable by the tenant under the Credit Lease. Each Lease which have been disclosed to Purchaser, each Credit Lease Loan either (i) fully amortizes over its original term and has term, and, there is no "balloon" payment of rent due under the related Credit Lease or (ii) is a Balloon Loan, for which a residual value insurance policy has been obtained that requires the payment of an amount at least equal to the Balloon Payment due on the related Maturity DateLeases; (Ee) Under the terms of the Credit Leases, the lessee is not permitted to assign its interest or obligations under the Credit Lease unless such lessee remains fully liable thereunder; (Ff) The mortgagee is entitled to notice of any event of default from the tenant under Credit Leases; (Gg) Each tenant under a Credit Lease is required to make all rental payments directly to the mortgagee, its successors and assigns under the related Credit Lease Loan; (Hh) Each Credit Lease Loan provides that the related Credit Lease cannot be modified without the consent of the mortgagees under the related Credit Lease Loan;mortgages thereunder; and (Ii) For each Each Credit Lease Loan under which a Credit Lease may be terminated upon the occurrence of a casualty or condemnation, a lease enhancement insurance policy has been obtained that condemnation requires upon such termination the payment in full by the Tenant of: (a) the principal balance of the loan and (b) all accrued and unpaid interest on the Mortgage Loan. Under the Credit Lease for each Credit Lease Loan, upon the occurrence of a casualty or condemnation, condemnation the tenant Tenant has no right of rent abatement, except to the extent of coverage provided by the related lease enhancement insurance policy; and (J) The terms of any guaranty of the payment and performance obligations of the tenant under any Credit Lease are unconditional and provide for guaranty of payment and not of collection.