Common use of Estoppel Certificates Clause in Contracts

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen twenty (1520) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per fiscal year of Borrowers, Borrowers, within fifteen twenty (1520) daysdays and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Borrower, upon Borrower’s request, prior to Borrower being required to furnish such statement to Agent. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per fiscal year of Borrowers, Borrowers, within twenty (20) days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Borrowers, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentcertificate.

Estoppel Certificates. (a) After request by LenderLender , (which such request shall be made no more often than once in any twelve (12) month period (unless during the continuance of a Trigger Period and/or in connection with any Secondary Market Transaction)), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After At the request by Lenderof any of Master Landlord or Wachovia, Borrowerthe other party hereto will execute, within fifteen twelve (1512) daysBusiness Days from the date of receipt of the request, shall furnish Lender or any proposed assignee with from time to time, a statement, duly acknowledged and certified, setting forth written instrument (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment certifying that this Master Agreement is unmodified and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect (or, if there have been modifications, that the same is in full force and (provided the Property is not a residential multifamily property) have not been modified (or if effect as modified, and setting forth all the modifications), (xii) certifying that it has neither sent, nor received, a notice of any default under this Master Agreement, which default remains outstanding (or, if there are such notices, excepting the date to which same and describing the Rents thereunder have been paid pursuant content thereof), (iii) confirming any of its determinations described in Section 5 hereof, and (iv) in the case of Wachovia, indicating whether it has received any of a DPL Designation Notice, a DPL Substitution Notice or a DPL Acceleration Notice, which, in any case, remains outstanding, and whether it has any pending dispute with respect to the Leasesdesignations, (xi) whether re-designations or notidentifications set forth therein, or any rights of any Designated Portfolio Lender that result therefrom. The Designated Portfolio Lender shall also have the right, from time to time, to the best knowledge request such written instruments of Borrower, any of the lessees Master Landlord and Wachovia under the Leases are in default under the Leasesthis Section 17, and, if in any such event, the party of whom such request is made shall deliver such a written instrument within twelve (12) Business Days after request. Furthermore, the lessees are in defaultDesignated Portfolio Lender hereby agrees that Wachovia may, setting forth the specific nature from time to time, request similar written instruments of all it under this Master Agreement, as relates to such defaultsDesignated Portfolio Lender’s rights, (xii) the amount of security deposits held by Borrower under each Lease obligations, acts and that such amounts are consistent with the amounts required under each Leaseomissions hereunder, and notices sent by it, or on its behalf, and, in any such event, it agrees to deliver the same within twelve (xiii12) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security InstrumentBusiness Days after request.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, to Borrower’s Knowledge, there are exist no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations (except as may be limited by (A) bankruptcy, insolvency or other similar laws affecting the rights of creditors generally and (B) general principles of equity) and have not been modified or if modified, giving particulars of such modification, (viii) whether whether, to Borrower’s Knowledge, any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications)effect, (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower’s Knowledge, any of the lessees under the Leases are in default under the Leases, and, if any of the aforesaid lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other factual matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of each Note, the NoteMezzanine A Loan, the Mezzanine B Loan and the Mortgage Loan, (ii) the unpaid principal amount of each Note, the NoteMezzanine A Loan, the Mezzanine B Loan and the Mortgage Loan, (iii) the rate of interest of the NoteLoan, the Mezzanine A Loan, the Mezzanine B Loan and the Mortgage Loan, (iv) the terms of payment and maturity date of the NoteLoan, the Mezzanine A Loan, the Mezzanine B Loan and the Mortgage Loan, (v) the date installments of interest and/or principal were last paidpaid under the Loan, the Mezzanine A Loan, the Mezzanine B Loan and the Mortgage Loan, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Pledge Agreement, the Property Applicable Collateral or this Security Instrumentany Individual Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After written request by Lender, Borrower, within fifteen (15) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, certified setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, not any of the lessees under the Major Leases (for purposes of this clause (xi), Major Lease shall refer to any Lease meeting the requirements set forth in the definition of Major Lease at any Individual Property) are in default under such Major Leases (for purposes of this clause (xi), Major Lease shall refer to any Lease meeting the Leasesrequirements set forth in the definition of Major Lease at any Individual Property), beyond any applicable notice and cure period, and, if any of the such lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument, the Property Pledge Agreement, the Collateral or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by LenderAdministrative Agent, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender Administrative Agent (for the benefit of Lenders) or any proposed assignee or any Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that that, to Borrower’s knowledge, all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to Borrower’s knowledge after due inquiry of the best knowledge of BorrowerManager, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Administrative Agent and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument or the Property. It being understood that Administrative Agent shall not exercise its right, the Property pursuant to this subsection, more than two (2) times during each calendar year unless there is an Event of Default or this Security Instrumenta sale, participation or assignment to an Assignee or Participant, as applicable.

Estoppel Certificates. Tenant shall at any time, and from time to time, upon not less than five (5) days prior written notice from Landlord execute, acknowledge and deliver to Landlord, to any prospective purchaser, or Landlord's Mortgagee, a written certificate of Tenant in form and substance reasonably satisfactory to Landlord, or Landlord's Mortgagee stating, in part: (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged whether Tenant has accepted the Premises and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment commencement date and maturity termination date of the Note, this Lease; (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viib) that the Note this Lease is unmodified and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modifiedthere have been modifications, setting forth all that the same is in full force and effect as modified and stating the modifications), and has not been assigned; (xc) that there are not, to Tenant's best knowledge, any uncured defaults on the part of the Landlord or Tenant hereunder, or specifying any defaults that may exist; (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same); (e) whether Tenant has received all required contributions from Landlord on account of Tenant's improvements; (f) the date dates, if any, to which the Rents thereunder Annual Base Rent and Additional Rent and other charges under this Lease have been paid pursuant to and the Leasesamounts of said Annual Base Rent and Additional Rent, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Leaseno Annual Base Rent, Additional Rent, or security deposit has been paid in advance of its due date, and (xiiig) as to any other matters information that may reasonably requested be required by Lender any of such persons. It is intended that any such certificate of Tenant delivered pursuant to this Section 14.03 may be relied upon by Landlord and reasonably related to any prospective purchaser or Landlord's Mortgagee of any part of the Leases, the obligations secured hereby, the Property or this Security InstrumentBuilding.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of each Component of the NoteLoan, (ii) the unpaid principal amount of each Component of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Security Instruments and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instruments or this Security Instrumentany Individual Property.

Estoppel Certificates. The Tenant shall from time to time, upon not less than ten (a10) After days’ prior written request by Lenderthe Landlord, Borrowerexecute, within fifteen (15) daysacknowledge and deliver to the Landlord a statement in writing certifying to the Landlord or an independent third party, shall furnish Lender or any proposed assignee with a statementtrue and correct copy of this Lease attached thereto, duly acknowledged together with all amendments thereto, to the extent such statements continue to be true and certifiedaccurate, setting forth (i) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the original principal amount of same is in full force and effect as modified and stating the Note, modifications); (ii) that the unpaid principal amount Tenant has no knowledge of any defenses, offsets or counterclaims against its obligations to pay the NoteAnnual Fixed Rent and Additional Rent and to perform its other covenants under this Lease (or if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) the rate of interest that there are no known uncured defaults of the NoteLandlord or the Tenant under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the terms of payment dates to which the Annual Fixed Rent, Additional Rent and maturity date of the Note, other charges have been paid; (v) that the date installments Tenant has accepted, and is in full possession of interest and/or principal were last paidthe Premises, including all improvements, additions and alterations thereto required to be made by Landlord under the Lease (except to the extent stated); (vi) that, that the Landlord has satisfactorily complied with all of the requirements and conditions precedent to the occurrence of the Commencement Date (except as provided in such statement, there are no defaults or events which with to the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, extent stated); (vii) that the Note Tenant has been in occupancy since the Commencement Date and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, paying rent since the specified dates (except to the extent stated); (viii) whether any offsets that no monetary or defenses exist against the other considerations, including, but not limited to, rental concessions for Landlord, special tenant improvements or Landlord’s assumption of prior lease obligations secured hereby and, if any are alleged of Tenant have been granted to exist, a detailed description thereof, Tenant by Landlord for entering into Lease (except as set forth in this Lease or as otherwise specified in such estoppel); (ix) that all Leases are the Tenant has no notice of a prior assignment, hypothecation, or pledge of rents or of the Lease (except to the extent stated); (x) that the Lease represents the entire agreement between Landlord and Tenant; (xi) that any notice to Tenant may be given it by certified or registered mail, return receipt requested, or delivered, at the Premises, or at another address specified; and (xii) such factual other matters with respect to the Tenant and this Lease as the Landlord may reasonably request. Any statement delivered pursuant to this Section may be relied upon by any prospective purchaser, mortgagee, trustee or ground lessor of the Premises or any interest therein, and shall be binding on the Tenant. Landlord shall from time to time, upon not less than ten (10) days’ prior written request by the Tenant, execute, acknowledge and deliver to the Tenant a statement in writing certifying to the Tenant or an independent third party, with a true and correct copy of this Lease attached thereto, to the extent such statements continue to be true and accurate (i) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications); (provided ii) that the Property is not a residential multifamily property) have not been modified Landlord has no knowledge of any defenses, offsets or counterclaims against its obligations to perform its covenants under this Lease (or if modifiedthere are any defenses, offsets, or counterclaims, setting them forth all modificationsin reasonable detail); (iii) that there are no known uncured defaults of the Tenant or the Landlord under this Lease (or if there are known defaults, setting them forth in reasonable detail); (xiv) the date dates to which the Rents thereunder Annual Fixed Rent, Additional Rent and other charges have been paid pursuant paid; (v) that the Tenant is in full possession of the Premises; (vi) that Landlord has no notice of a prior assignment of the Lease or sublease of space therein; (vii) that the Lease represents the entire agreement between Landlord and Tenant; (viii) that any notice to Landlord may be given if by certified or registered mail, return receipt requested, or delivered to the LeasesLandlord’s address listed on Exhibit A, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, at another address specified; and (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent other factual matters with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related respect to the Leases, Tenant and this Lease as the obligations secured hereby, Tenant may reasonably request. Any statement delivered pursuant to this Section may be relied upon by any prospective assignee or sublessee of Tenant and shall be binding on the Property or this Security InstrumentLandlord.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to [***] such report per fiscal year of the Credit Parties, the Credit Parties, within fifteen (15) days[***] days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to the Credit Parties, upon a Credit Party’s request, prior to the Credit Parties being required to furnish such statement to Agent. After written request by Agent which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per [***] month period, the Credit Parties, within [***] days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of the Credit Parties, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated in accordance with this Agreement from time to time, are in full force true, accurate and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) complete as of the date to which the Rents thereunder have been paid pursuant of such certificate (except to the Leasesextent such representation or warranty expressly relates to an earlier date, (xi) whether in which case such representation or notwarranty shall be true, to the best knowledge accurate and complete in all material respects as of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentearlier date).

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysdays of such request, but no more often than once in any twelve (12) month period other than in connection with a Secondary Market Transaction, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such report per fiscal year of Borrowers, Borrowers, within fifteen twenty (1520) daysdays and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Borrower, upon Borrower’s request, prior to Borrower being required to furnish such statement to Agent. After written request by Agent which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per twelve (12) month period, Borrowers, within twenty (20) days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Borrowers, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated in accordance with this Agreement from time to time, are in full force true, accurate and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) complete as of the date to which the Rents thereunder have been paid pursuant of such certificate (except to the Leasesextent such representation or warranty expressly relates to an earlier date, (xi) whether in which case such representation or notwarranty shall be true, to the best knowledge accurate and complete in all material respects as of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentearlier date).

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per fiscal year of Borrowers, Borrowers, within fifteen (15) daysdays and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per fiscal year of Borrowers, Borrowers, within fifteen (15) days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Borrowers, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and making any required disclosures required to make such representations and warranties to be true, accurate and complete (after taking into such disclosures as if such representations and warranties provided for disclosure schedules) and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate and such required disclosures, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentcertificate.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per Fiscal Year, Borrowers, within fifteen (15) daysBusiness Days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Borrower, upon Borrower’s request, prior to Borrower being required to furnish such statement to Agent. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per Fiscal Year, Credit Parties, within fifteen (15) Business Days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Borrowers, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentcertificate.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of each Note and the NoteMortgage Loan, (ii) the unpaid principal amount of each Note and the NoteMortgage Loan, (iii) the rate of interest of the NoteLoan and the Mortgage Loan, (iv) the terms of payment and maturity date of the NoteLoan and the Mortgage Loan, (v) the date installments of interest and/or principal were last paidpaid under the Loan and the Mortgage Loan, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Pledge Agreement, the Property Collateral or this Security Instrumentany Individual Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Furnish to Lender or any proposed assignee assignee, within ten (10) days after receipt of a request therefor, with a statement, duly acknowledged and certified, certified by Borrower setting forth to Borrower's knowledge (i) the original principal amount of the each Note, (ii) the unpaid principal amount of the each Note, (iii) the rate of interest of the each Note, (iv) the terms of payment and maturity date of the each Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentthis Loan Agreement, (vii) that the this Loan Agreement, each Note and this Security Instrument each of the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder rents under each Lease have been paid pursuant to the Leasespaid, (xi) whether or not, to the best knowledge of such Borrower, any of the lessees default exists under the Leases are in default under the Leases, and, if any of the lessees are in default, Lease and setting forth the specific nature of all any such defaultsdefault, (xii) the amount of security deposits held or paid by such Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leasesthis Loan Agreement, the obligations secured hereby, the Property Properties, the Leases or this Security Instrumentthe Collateral.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Security Instruments and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether whether, to Borrower’s knowledge, any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified or terminated (or if modifiedmodified or terminated, setting forth all modificationsmodifications or terminations), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leasesobligations created and evidenced hereby and by the Security Instruments or the Properties (or any portion thereof); provided, the obligations secured herebythat, the Property or this Security Instrumentso long as no Event of Default has occurred and is continuing, Borrower shall not be required to deliver such statement to Lender more frequently than once in any twelve month period.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statementstatement and to the best of Borrower's knowledge, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications)effect, (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. Tenant shall at any time, and from time to time, upon not less than five (5) days prior written notice from Landlord execute, acknowledge and deliver to Landlord, to any prospective purchaser, or Landlord's Mortgagee, a written certificate of Tenant substantially in the form of Exhibit G attached hereto (or in such other form as may be required by Landlord) stating: (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged whether Tenant has accepted the Premises and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment commencement date and maturity termination date of the Note, this Lease; (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viib) that the Note this Lease is unmodified and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modifiedthere have been modifications, setting forth all that the same is in full force and effect as modified and stating the modifications), and has not been assigned; (xc) that there are not, to Tenant's best knowledge, any uncured defaults on the part of the Landlord or Tenant hereunder, or specifying any defaults that may exist; (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same); (e) whether Tenant has received all required contributions from Landlord on account of Tenant's improvements; (f) the date dates, if any, to which the Rents thereunder Annual Base Rent and Additional Rent and other charges under this Lease have been paid pursuant to and the Leasesamounts of said Annual Base Rent and Additional Rent, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Leaseno Annual Base Rent, Additional Rent, or security deposit has been paid in advance of its due date, and (xiiig) as to any other matters information that may reasonably requested be required by Lender any of such persons. It is intended that any such certificate of Tenant delivered pursuant to this Section 14.03 may be relied upon by Landlord and reasonably related to any prospective purchaser or Landlord's Mortgagee of any part of the Leases, the obligations secured hereby, the Property or this Security InstrumentBuilding.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per Fiscal Year, Credit Parties, within fifteen (15) daysBusiness Days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Borrower Representative, upon Borrower Representative’s request, prior to any Credit Party being required to furnish such statement to Agent. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per Fiscal Year, Credit Parties, within fifteen (15) Business Days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Credit Parties, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentcertificate.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the NoteLoan, (ii) the unpaid principal amount of each individual promissory note comprising the defined term “Note” hereunder (each such promissory note, an “Individual Note”), (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the each Individual Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are Borrower has no actual knowledge of any defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations (except as may be limited by (A) bankruptcy, insolvency or other similar laws affecting the rights of creditors generally and (B) general principles of equity) and have not been modified or if modified, giving particulars of such modification, (viii) whether whether, to Borrower’s actual knowledge, any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications)effect, (x) the date to which the Rents thereunder have been paid pursuant to the LeasesLeases and, to the extent the Master Lease Termination has yet occurred, the date to which the Master Lease Rents have been paid under the Master Lease, (xi) whether or not, to the best actual knowledge of Borrower, any of the lessees under the Leases are in default under the LeasesLeases or (to the extent the Master Lease Termination has not yet occurred) the Master Lessee is in default under the Master Lease, and, if any of the aforesaid lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other factual matters reasonably requested by Lender and reasonably related to the LeasesLeases or (to the extent the Master Lease Termination has not yet occurred) the Master Lease, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the NoteXxxx, (iv) the terms of payment and maturity date Loan Maturity Date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases Leases, if any, are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, if any, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Leases, if any, are in default under the Leases, if any, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease Lease, if any, and that such amounts are consistent with the amounts required under each such Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, if any, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderLxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan and the Mortgage Loan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults Event of Default or events which with the passage Mortgage Loan Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Lxxxxx and reasonably related to the LeasesLeases or Condominium Documents, the obligations secured hereby, created and evidenced hereby or the Property or this Security Instrument.the Collateral. 84

Estoppel Certificates. (a) After written request by Lender, Borrower, within fifteen (15) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly 100 acknowledged and certified, certified setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, not any of the lessees under the Major Leases (for purposes of this clause (xi), Major Lease shall refer to any Lease meeting the requirements set forth in the definition of Major Lease at any Individual Property) are in default under such Major Leases (for purposes of this clause (xi), Major Lease shall refer to any Lease meeting the Leasesrequirements set forth in the definition of Major Lease at any Individual Property), beyond any applicable notice and cure period, and, if any of the such lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument, the Property Pledge Agreement, the Collateral or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by LenderXxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, . (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderAdministrative Agent (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender Administrative Agent or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Administrative Agent (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Administrative Agent and reasonably related to the LeasesLeases or Condominium Documents, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that that, to Borrower’s knowledge, all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to Borrower’s knowledge after due inquiry of the best knowledge of BorrowerManager, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument or the Property. It being understood that Lender shall not exercise its right pursuant to this subsection, the Property or this Security Instrumentmore than two (2) times during each calendar year unless there is an Event of Default.

Estoppel Certificates. (a) After request by LenderAt any time and from time to time, Borrower, within but in no event on less than fifteen (15) days’ prior written request by Landlord or its lender, Tenant shall furnish Lender or any proposed assignee with execute and deliver to the requesting party a statementcertificate certifying: (a) that Tenant has accepted the Leased Premises and Joint Use Areas as being suitable for its purposes (or, duly acknowledged if Tenant has not done so, that Tenant has not accepted the Leased Premises and certified, setting forth Joint Use Areas and specifying the reasons therefor); (ib) the original principal amount commencement and expiration dates of the Note, this Lease; (iic) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, whether there are no then existing any defaults or events which with by Landlord in the passage performance of time or the giving of notice or both, would constitute an event of default its obligations under the Note or the Security Instrument, this Lease (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to existso, a detailed description thereof, specifying the same); (ixd) that all Leases are this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and (provided the Property is not a residential multifamily property) have not been modified (or if effect, as modified, setting forth all modificationsand stating the date and nature of each modification), ; (xe) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any capacity of the lessees under the Leases are in default under the Leasesperson executing such certificate, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with person is duly authorized to execute the amounts required under each Leasesame on behalf of Tenant; (f) the date, if any, to which rent and other sums payable hereunder have been paid; (g) that no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in the certificate; and (xiiih) as to any such other matters as may be reasonably requested by Lender and reasonably related to Landlord or its lender. Any such certificate may be relied upon by any prospective purchaser, mortgagee, beneficiary, subtenant, assignee, or other nominee third party of the Leases, party receiving the obligations secured hereby, the Property or this Security Instrumentcertificate.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or or, to the best of Borrower's knowledge, events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viivi) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiivii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixviii) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xix) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderXxxxxx, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees tenants under the Leases are in default under the Leases, and, if any of the lessees tenants are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderXxxxxx, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments Installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event Event of default Default under the Note or the this Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby Secured Obligations and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in In full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or Dr not, to the best knowledge of Borrower, any of the lessees tenants under the Leases are in In default under the Leases, and, if any of the lessees tenants are in In default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured hereby, Secured Obligations. the Property or this Security Instrument.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such report per fiscal year of the Credit Parties, the Credit Parties, within fifteen (15) days[***] days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, (ix) the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to the Credit Parties, upon a Credit Party’s request, prior to the Credit Parties being required to furnish such statement to Agent. After written request by Agent which, so long as no Event of Default has occurred and is continuing, shall be limited to [***] such request per [***] month period, the Credit Parties, within [***] days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of the Credit Parties, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated in accordance with this Agreement from time to time, are in full force true, accurate and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) complete as of the date to which the Rents thereunder have been paid pursuant of such certificate (except to the Leasesextent such representation or warranty expressly relates to an earlier date, (xi) whether in which case such representation or notwarranty shall be true, to the best knowledge accurate and complete in all material respects as of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentearlier date).

Estoppel Certificates. (a) After request by Lender, --------------------- Borrower, within fifteen ten (1510) daysdays (but no more frequently than semi-annually), shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the then-current rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (viv) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note Note, the Security Instrument or the Security InstrumentGround Lease, (viivi) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiivii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixviii) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xix) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the NoteLoan, (ii) the unpaid principal amount of each individual promissory note comprising the defined term “Note” hereunder (each such promissory note, an “Individual Note”), (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the each Individual Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are Borrower has no actual knowledge of any defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations (except as may be limited by (A) bankruptcy, insolvency or other similar laws affecting the rights of creditors generally and (B) general principles of equity) and have not been modified or if modified, giving particulars of such modification, (viii) whether whether, to Borrower’s actual knowledge, any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications)effect, (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge actual knowledge, of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the aforesaid lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other factual matters within Borrower’s actual knowledge reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note Notes or the Security Instrument, (vii) that the Note Notes and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases Subject Contracts are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder payments have been paid made pursuant to the LeasesSubject Interests and Subject Contracts, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under parties to the Leases Subject Contracts are in default under the LeasesSubject Contracts, and, if any of the lessees parties to the Subject Contracts are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the LeasesSubject Interests or the Subject Contracts, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification, (viii) to Borrower’s knowledge, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Tenants are in default under the Leases, and, if any of the lessees Tenants are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, BorrowerBorrowers, within fifteen ten (1510) daysdays of such request, but following a Securitization, not more often than one time during any calendar year provided no Event of Default exists, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that that, to each Borrower’s knowledge, all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified in any material respect (or if so modified, setting forth all such modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of each Borrower, any of the lessees under the Leases Tenants are in monetary or material non-monetary default under the Leases, and, if any of the lessees Tenants are in monetary or material non-monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower Borrowers under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date 39 of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, to Borrower’s Knowledge, there are exist no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations (except as may be limited by (A) bankruptcy, insolvency or other similar laws affecting the rights of creditors generally and (B) general principles of equity) and have not been modified or if modified, giving particulars of such modification, (viii) whether whether, to Borrower’s Knowledge, any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications)effect, (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower’s Knowledge, any of the lessees under the Leases are in default under the Leases, and, if any of the aforesaid lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other factual matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument. (b) Borrower shall use its commercially reasonable good faith efforts to deliver to Lender, promptly upon request (provided such request is not made more than once in any calendar year other than any request by Lender made in connection with the securitization of the Loan or during the continuance of an Event of Default), duly executed estoppel certificates from any one or more lessees as required by Lender attesting to such facts regarding the Lease as Lender may require, including but not limited to attestations that each Lease covered thereby is in full force and effect (and to the best of lessee’s knowledge) with no defaults thereunder on the part of any party, that none of the Rents have been paid more than one month in advance (other than typical and customary security deposits and first and last months’ rents), and that the lessee claims no defense or offset against the full and timely performance of its obligations under the Lease. (c) Lender, by its acceptance of this Security Instrument, agrees to deliver to Borrower (at no cost to Borrower) promptly upon Borrower’s request therefor (provided such request is not made more than twice in any calendar year) a written statement setting forth the unpaid principal amount of the Note, the accrued and unpaid interest thereon, the date on which an installment of interest and/or principal were last paid thereunder and whether there are any Events of Default which currently exist and are actually known to Lender. (c) Borrower shall use its commercially reasonable best efforts to deliver to Lender, promptly upon request (provided such request is not made more than once in any calendar year other than any request by Lender made in connection with the securitization of the Loan or during the continuance of an Event of Default), duly executed estoppel certificates from any one or more parties to the Property Documents as reasonably required by Lender attesting to such facts regarding the Property Documents as Lender may reasonably require. Section 7.5.

Estoppel Certificates. (a) After request by LenderBeneficiary, BorrowerGrantor, within fifteen twenty (1520) days, shall furnish Lender Beneficiary or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the NoteGuaranty, (ii) the unpaid principal amount of the NoteGuaranty, (iii) the rate of interest of the NoteGuaranty, (iv) the terms of payment and maturity date of the NoteGuaranty, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note Guaranty or the Security Instrument, (vii) that the Note Guaranty and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of BorrowerGrantor, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower Grantor under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Beneficiary and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan and the Mortgage Loan, (ii) the unpaid principal amount of the NoteLoan, the Mezzanine A Loan and the Mortgage Loan, (iii) the rate of interest of the NoteLoan, the Mezzanine A Loan and the Mortgage Loan, (iv) the terms of payment and maturity date of the NoteLoan, the Mezzanine A Loan and the Mortgage Loan, (v) the date installments of interest and/or principal were last paidpaid under the Loan, the Mezzanine A Loan and the Mortgage Loan, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby hereby, by the Mezzanine A Loan Documents and by the Mortgage Loan Documents and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Mortgage Loan Documents, the Property Mezzanine A Loan Documents or this Security Instrumentthe Property, the Mezzanine A Collateral or the Collateral.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i1) the original principal amount of the Note, (ii2) the unpaid principal amount of the Note, (iii3) the rate of interest of the Note, (iv4) the terms of payment and maturity date of the Note, (v5) the date installments of interest and/or principal were last paid, (vi6) that, except as provided in such statement, there are no defaults Events of Default or events which with the passage of time or the giving of notice or both, would constitute an event Event of default Default under the Note or the Security InstrumentMortgage, (vii7) that the Note and this Security Instrument Mortgage are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) 8) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix9) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x10) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi11) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii12) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii13) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security InstrumentMortgage.

Estoppel Certificates. (a) After request by LenderXxxxxx, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the NoteNote based upon data provided by Lender pursuant to Section 7.4(d), (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts amounts... required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderLender (which such request shall be made no more frequently than once per calendar year (unless in connection with a Trigger Period or Secondary Market Transaction)), Borrower, within fifteen (15) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) to Borrower’s knowledge, the original principal amount of the NoteLoan, (ii) to Borrower’s knowledge, the unpaid principal amount of the NoteLoan, (iii) to Borrower’s knowledge, the rate of interest of the NoteLoan, (iv) to Borrower’s knowledge, the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderXxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, Mezzanine A Loan and the Mortgage Loan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults Event of Default, Mezzanine A Loan Event of Default or events which with the passage Mortgage Loan Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby or the Property, the Property Mezzanine A Collateral or this Security Instrumentthe Collateral.

Estoppel Certificates. (a) After request by Borrower shall execute, acknowledge and deliver to Lender, Borrowerwithin ten Business Days after receipt of Lender’s written request therefor, within fifteen which request Lender shall not make more than two times in any twelve month period (15) daysunless an Event of Default is continuing, shall furnish in which event Lender or any proposed assignee with may make such request from time to time in Lender’s sole discretion), a statement, duly acknowledged and certified, statement in writing setting forth (iA) the original principal amount of the NotePrincipal Indebtedness, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (vB) the date on which installments of interest and/or principal were last paid, (viC) that, except as provided in such statement, there are no defaults any offsets or events which with defenses to the passage payment of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentIndebtedness, (viiD) that the Note Notes, this Agreement, the Mortgages and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiiE) whether that neither Borrower nor, to Borrower’s knowledge, Lender, is in default under the Loan Documents (or specifying any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereofsuch default), (ixF) to Borrower’s knowledge, that all Leases are in full force and effect (except for those that have expired or have been terminated in accordance with the terms hereof) and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modificationsexcept in accordance with the Loan Documents), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xiG) whether or not, to the best knowledge of Borrower, any of the lessees Tenants under the Leases are in material default under the Leases, and, if any of the lessees are in default, Leases (setting forth the specific nature of all any such material defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiiH) as to any such other matters as Lender may reasonably requested by Lender and reasonably related request. Any prospective purchaser of any interest in a Loan shall be permitted to the Leases, the obligations secured hereby, the Property or this Security Instrumentrely on such certificate.

Estoppel Certificates. Borrower shall within ten (a10) After days after request by Lender, Borrower, within fifteen (15) days, shall Lender furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security this Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exists against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Mortgaged Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, and if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured hereby, the Mortgaged Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lenderthe Indenture Trustee or the Certificate Insurer, Borrowerthe Issuer, within fifteen ten (1510) days, shall furnish Lender the Indenture Trustee and the Certificate Insurer or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteNotes, (ii) the unpaid principal amount of the NoteNotes, (iii) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the NoteNotes, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event Event of default under the Note or the Security InstrumentDefault, (vii) that the Note and this Notes, the Security Instrument and the Indenture are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrowerthe Issuer, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower the Issuer under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender the Indenture Trustee or the Certificate Insurer and reasonably related to the Leases, the obligations secured hereby, the Property Properties, the Security Instrument or this Security Instrumentthe Indenture.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations Obligations secured hereby, the Property or this Security Instrument. Borrower shall deliver to Lender, promptly upon request, duly executed estoppel certificates from any one or more lessees as required by Lender attesting to such facts regarding the Lease as Lender may require, including, but not limited to attestations that each Lease covered thereby is in full force and effect with no defaults thereunder on the part of any party, that none of the Rents have been paid more than one month in advance, except as security, and that the lessee claims no defense or offset against the full and timely performance of its obligations under the Lease. Upon any transfer or proposed transfer contemplated by Section 18.1 hereof, at Lender's request, Borrower, any Guarantors and any Indemnitors shall provide an estoppel certificate to the Investor (defined in Section 18.1) or any prospective Investor confirming the accuracy of information provided by such person to Lender under or in respect of this Security Instrument. After written request by Borrower not more than twice annually, Lender shall furnish Borrower a statement setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, and (iv) the balance of the sums in the Escrow Fund, if any.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses are known by Borrower to exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases (if any) are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, if any, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Tenants are in default under the Leases, and, if any of the lessees Tenants are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease (if any) and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the LeasesLeases or the Master Lease, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, BorrowerSPTBROOK, within fifteen ten (1510) business days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the this Security Instrument, (viiii) that the Note Loan Agreement and this Security Instrument are valid, legal and binding obligations of SPTBROOK and have not been modified or if modified, giving particulars of such modification, (viiiiii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixiv) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xv) the date to which the Rents thereunder have been paid pursuant to the Leases, (xivi) whether or not, to the best knowledge of BorrowerSPTBROOK, any of the lessees under the Leases Tenants are in default under the Leases, and, if any of the lessees Tenants are in default, setting forth the specific nature of all such defaults, (xiivii) the amount of security deposits held by Borrower SPTBROOK under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiiviii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event Event of default Default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After written request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certifiedcertified to the best of Borrower’s knowledge, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Security Instruments and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instruments or this Security Instrumentany Individual Property.

Estoppel Certificates. (a) After request by LenderXxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan and the Mortgage Loan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults Event of Default or events which with the passage Mortgage Loan Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Xxxxxx and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby or the Property or this Security Instrumentthe Collateral.

Estoppel Certificates. (a) After request by LenderLxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan and the Mortgage Loan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults Event of Default or events which with the passage Mortgage Loan Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the LeasesLeases or Condominium Documents, the obligations secured hereby, created and evidenced hereby or the Property or this Security Instrumentthe Collateral.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such each statement, there are no defaults Defaults or events which with the passage Events of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. Tenant shall at any time, and from time to time, upon not less than five (5) days prior written notice from Landlord execute, acknowledge and deliver to Landlord, to any prospective purchaser, or Landlord's Mortgagee, a written certificate of Tenant in form and substance reasonably satisfactory to Landlord, or Landlord's Mortgagee stating, in part: (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged whether Tenant has accepted the Premises and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment commencement date and maturity termination date of the Note, this Lease; (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viib) that the Note this Lease is unmodified and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modifiedthere have been modifications, setting forth all that the same is in full force and effect as modified and stating the modifications), and has not been assigned; (xc) that there are not, to Tenant's best knowledge, any uncured defaults on the part of the Landlord or Tenant hereunder, or specifying any defaults that may exist; (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same); (e) whether Tenant has received all required contributions from Landlord on account of Tenant's improvements; (f) the date dates, if any, to which the Rents thereunder Annual Base Rent and Additional Rent and other charges under this Lease have been paid pursuant to and the Leasesamounts of said Annual Base Rent and Additional Rent, (xi) whether and that no Annual Base Rent, Additional Rent, or not, to the best knowledge security deposit has been paid in advance of Borrower, any of the lessees under the Leases are in default under the Leasesits due date, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderLender (not more than twice in any calendar year unless an Event of Default or an event which with the giving of notice or lapse of time or both could become an Event of Default, has occurred and is continuing), Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (viv) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the this Security Instrument, (viivi) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or modified, or, if modified, giving particulars of such modification, (viiivii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixviii) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xix) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderXxxxxx, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, BorrowerTenant agrees that at any time and from time to time at reasonable intervals, within fifteen (15) daysdays after written request by Landlord, shall furnish Lender Tenant will execute, acknowledge and deliver to Landlord, Landlord's mortgagee, or any proposed assignee with others designated by Landlord, a statementcertificate in a form as may from time to time be provided, duly acknowledged ratifying this Lease and certified, setting forth certifying: (ia) that Tenant has entered into occupancy of its Premises and the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of such entry if such is the Note, case; (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viib) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are Lease is in full force and effect effect, and (provided the Property is not a residential multifamily property) have has not been modified assigned, modified, supplemented or amended in any way (or if modifiedthere has been any assignment, setting forth modification, supplement or amendment, identifying same); (c) that this Lease represents the entire agreement between Landlord and Tenant as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying same); (d) the date of commencement and expiration of the Term; (e) that all modificationsconditions under this Lease to be performed by Landlord have been satisfied and all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (and if not, what conditions remain unperformed); (f) that to the knowledge of the signer of such writing no default exists in the performance or observance of any covenant or condition in this Lease and there are no defenses or offsets against the enforcement of this Lease by Landlord or specifying each default, defense or offset which the signer may have knowledge; (xg) with the exception of the regular monthly payment, that no rent has been paid in advance; and (h) the date to which the Rents thereunder all rentals have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each this Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderLxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Lxxxxx and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. Tenant shall, at its own cost and expense, at any time and from time to time, within twenty (a20) After days after request by LenderLandlord, Borrowercertify by written instrument, within fifteen (15) daysduly executed, shall furnish Lender acknowledged and delivered to Landlord, or any proposed assignee with a statementother Person specified by Landlord: that this Lease is unmodified and in full force and effect, duly acknowledged and certifiedor, setting forth (i) the original principal amount of the Noteif there have been any modifications, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are same is in full force and effect as modified and (provided stating the Property is not modifications and attaching a residential multifamily property) have not been modified (or if modifiedtrue, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) complete and correct copy of this Lease; whether or notnot to Tenant’s knowledge, to there are then existing any defaults, setoffs or defenses against the best knowledge enforcement of Borrower, any of the lessees under agreements, terms, covenants or conditions hereof and any modifications hereof upon the Leases are in default under the Leasespart of either Party to be performed or complied with, and, if so, specifying the same; the dates, if any, to which the Net Rent, Additional Rent and any other charges hereunder have been paid in advance; the date of expiration of the lessees are in default, setting forth Term; the specific nature of all Net Rent then payable under this Lease; such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Landlord. Landlord shall, at its own cost and reasonably related expense, at any time and from time to time, within twenty (20) days after request by Tenant, certify by written instrument, duly executed, acknowledged and delivered to Tenant, or any prospective Leasehold Mortgagee or purchaser of Tenant’s interest: that this Lease is unmodified and in full force and effect, or, if there have been any modifications, that the Leasessame is in full force and effect as modified and stating the modifications and attaching a true, complete and correct copy of this Lease; whether or not to Landlord’s knowledge there are then existing any setoffs or defenses against the obligations secured herebyenforcement of any of the agreements, terms, covenants or conditions hereof and any modifications hereof upon the Property part of either Party to be performed or complied with, and, if so, specifying the same; the dates, if any, to which the Net Rent, Additional Rent and any other charges hereunder have been paid in advance; the date of expiration of the Term; and the Net Rent then payable under this Security InstrumentLease.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per fiscal year of Borrowers, Borrowers, within fifteen (15) daysdays and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per fiscal year of Borrowers, Borrowers, within fifteen (15) days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Borrowers, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and making any required disclosures required to make such representations and warranties to be true, accurate and complete (after taking into such disclosures as if such representations and warranties provided for disclosure schedules) and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate and such required disclosures, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease certificate. 49 MidCap / Aptevo Therapeutics / Credit and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.Agreement

Estoppel Certificates. (a) After request by LenderLxxxxx (not more than once in any twelve (12) month period unless an Event of Default has occurred and is continuing), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the Noteintentionally omitted, (iii) the rate of interest of the Noteintentionally omitted, (iv) the terms of payment and maturity date of the Noteintentionally omitted, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are to Borrower’s actual knowledge, no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations obligations, subject to applicable bankruptcy, insolvency and have not been modified similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or if modified, giving particulars of such modificationat law), (viii) as of the date of such statement, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified except as then previously disclosed to Lender (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material non-monetary default or monetary default under the Leases, and, if any of the lessees are in material non-monetary default or monetary default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits Security Deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender Lxxxxx and reasonably related to the LeasesLeases or the Condominium Documents, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After a)After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under any of the Note or the Security InstrumentLoan Documents, (vii) that the Note and this Security Instrument Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby by this Security Instrument and, if any are alleged to exist, a detailed description thereofof them, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebyby this Security Instrument, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderAdministrative Agent, Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender Administrative Agent (for the benefit of Lenders) or any proposed assignee or any Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations obligations, subject to creditors rights and have not been modified or if modified, giving particulars of such modificationgeneral equity principles, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender Administrative Agent and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument or the Property. Absent an Event of Default, Borrower shall not be required to provide the Property or estoppel statement required by this Security InstrumentSection 4.13(a) more often than twice in any calendar year.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, to Borrower's knowledge there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event Event of default Default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations (subject to bankruptcy, insolvency, or other similar laws affecting the rights of creditors generally) and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases (as updated in such statement) are in full force and effect and, except as permitted pursuant to the terms and (provided the Property is not a residential multifamily property) conditions of this Security Instrument, have not been modified (or if otherwise modified, setting forth all such modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in material default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan and the Mortgage Loan, (ii) the unpaid principal amount of the NoteLoan and the Mortgage Loan, (iii) the rate of interest of the NoteLoan and the Mortgage Loan, (iv) the terms of payment and maturity date of the NoteLoan and the Mortgage Loan, (v) the date installments of interest and/or principal were last paidpaid under the Loan and the Mortgage Loan, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and by the Mortgage Loan Documents and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Mortgage Loan Documents or the Property or this Security Instrumentthe Collateral.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) business days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (viv) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viivi) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiivii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixviii) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xix) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of BorrowerBorrower or Owner, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower Owner under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations (subject to applicable bankruptcy, insolvency, and similar laws affecting rights of creditors generally, and subject to, as to enforceability, general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or in law) and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Tenants are in default under the Leases, and, if any of the lessees Tenants are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After written request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee of Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest Interest Rate of the Note, (iv) the terms of payment and maturity date Maturity Date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents to which Borrower is a party thereto are valid, legal and binding obligations of Borrower, as applicable and have not been modified or if modified, giving the particulars of such modification, (viii) whether any offsets or defenses to the payment and performance of the obligations of Borrower under the Loan Documents, if any, exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, and (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the LeasesLoan. After request by Borrower not more than once in any calendar year, Lender shall within ten (10) Business Days furnish Borrower with a statement stating (i) the obligations secured herebyoutstanding principal balance of the Loan, (ii) the Property Interest Rate of the Note and (iii) that, to Lender’s knowledge, this Agreement and the other Loan Documents have not been modified (or this Security Instrumentif modified, setting forth all modifications).

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults Defaults or events which with the passage Events of time or the giving of notice or both, would constitute an event of default Default under the Note Note, the Loan Agreement, or the this Security Instrument, (vii) that the Note Note, the Loan Agreement, and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby Secured Obligations and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Mortgaged Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebySecured Obligations, the Mortgaged Property or this Security Instrument.

Estoppel Certificates. (a) After written request by LenderAgent, Borrowerwhich, so long as no Event of Default has occurred and is continuing, shall be limited to one (1) such report per fiscal year of Credit Parties, Credit Parties, within fifteen twenty (1520) daysdays and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Credit Party, upon such Credit Party’s request, prior to Credit Party being required to furnish such statement to Agent. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such report per twelve (12) month period, Credit Parties, within twenty (20) days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Credit Parties, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated in accordance with this Agreement and the other Financing Documents from time to time, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant of such certificate (except to the Leasesextent such representation or warranty expressly relates to an earlier date, (xi) whether in which case such representation or notwarranty shall be true, to the best knowledge accurate and complete in all material respects as of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.earlier date). Midcap / Transfix / A&R Credit Agreement

Estoppel Certificates. (a) After At the request by Lenderof any of Master Landlord or Wachovia, Borrowerthe other party hereto will execute, within fifteen twelve (1512) daysBusiness Days from the date of receipt of the request, shall furnish Lender or any proposed assignee with from time to time, a statement, duly acknowledged and certified, setting forth written instrument (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment certifying that this Master Agreement is unmodified and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect (or, if there have been modifications, that the same is in full force and (provided the Property is not a residential multifamily property) have not been modified (or if effect as modified, and setting forth all the modifications), (xii) certifying that it has neither sent, nor received, a notice of any default under this Master Agreement, which default remains outstanding (or, if there are such notices, excepting the date to which same and describing the Rents thereunder have been paid pursuant content thereof), (iii) confirming any of its determinations described in Section 5 hereof, and (iv) in the case of Wachovia, indicating whether it has received any of a DPL Designation Notice, a DPL Substitution Notice or a DPL Acceleration Notice, which, in any case, remains outstanding, and whether it has any pending dispute with respect to the Leasesdesignations, (xi) whether re-designations or notidentifications set forth therein, or any rights of any Designated Portfolio Lender that result therefrom. The Designated Portfolio Lender shall also have the right, from time to time, to the best knowledge request such written instruments of Borrower, any of the lessees Master Landlord and Wachovia under the Leases are in default under the Leasesthis Section 17, and, if in any such event, the party of whom such request is made shall deliver such a written instrument within twelve (12) Business Days after request. Furthermore, the lessees are in defaultDesignated Portfolio Lender hereby agrees that Wachovia may, setting forth the specific nature from time to time, request similar written instruments of all it under this Master Agreement, as relates to such defaultsDesignated Portfolio Lender's rights, (xii) the amount of security deposits held by Borrower under each Lease obligations, acts and that such amounts are consistent with the amounts required under each Leaseomissions hereunder, and notices sent by it, or on its behalf, and, in any such event, it agrees to deliver the same within twelve (xiii12) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security InstrumentBusiness Days after request.

Estoppel Certificates. (a) After request by LenderXxxxxx, Borrower, within fifteen ten (1510) business days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by LenderAgent, Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender Agent or any proposed assignee with a statement, duly acknowledged and certified, setting forth forth, to the best of Borrower’s knowledge (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal under the Loan were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Security Instrument, the Pledge Agreement and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby andhereby, and if any are alleged to exist, a detailed description thereof, (ix) that all Leases and the Ground Lease are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents and Profits thereunder have been paid pursuant to the LeasesLeases and the Ground Lease, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Tenants are in default under the Leases, and, if any of the lessees Tenants are in default, setting forth the specific nature of all such defaults, (xii) whether or not Borrower or Ground Lessor is in default under the Ground Lease, and, if there is any default, setting forth the specific nature of all such defaults, (xiii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.under

Estoppel Certificates. (a) After request by LenderLender (which shall not be made more than twice during any 12-month period), BorrowerBorrowers, within fifteen twenty (1520) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note Note, the Security Instruments and this Security Instrument the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of BorrowerBorrowers, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by any Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instruments or this Security Instrumentthe Properties.

Estoppel Certificates. (a) After request by LenderXxxxxx , (which such request shall be made no more often than once in any twelve (12) month period (unless during the continuance of a Trigger Period and/or in connection with any Secondary Market Transaction)), Borrower, within fifteen ten (1510) daysdays of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the NoteLoan, (ii) the unpaid principal amount of the NoteLoan, (iii) the rate of interest of the NoteLoan, (iv) the terms of payment and maturity date of the NoteLoan, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, created and evidenced hereby and by the Property Security Instrument or this Security Instrumentthe Property.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days of such request, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage Event of time or the giving of notice or both, would constitute an event of default under the Note or the Security InstrumentDefault exists, (vii) that this Agreement, the Note and this Note, the Security Instrument and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that that, to Borrower's knowledge, all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to Borrower's knowledge after due inquiry of the best knowledge of BorrowerManager, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured herebycreated and evidenced hereby and by the Security Instrument or the Property. It being understood that Lender shall not exercise its right pursuant to this subsection, the Property or this Security Instrumentmore than two (2) times during each calendar year unless there is an Event of Default.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i1) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date Loan Maturity Date of the Note, (v) the date installments of interest and/or principal were Were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases Leases, if any, are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, if any, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases Leases, if any, are in default under the Leases, if any, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease Lease, if any, and that such amounts are consistent with the amounts required under each such Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, if any, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) daysBusiness Days after Administrative Agent's request, shall furnish to Administrative Agent a written statement, duly acknowledged, certifying to Administrative Agent and each Lender or and/or, subject to the terms of Section 14.07, any proposed assignee with a statement, duly acknowledged and certified, setting forth of any portion of the interests hereunder: (i) the original principal amount of the NoteOutstanding Principal Amount then owing under this Agreement and each of the Notes, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date Scheduled Maturity Date of the NoteLoans (or if earlier, the Maturity Date), (viii) the date installments to which interest has been paid under each of interest and/or principal were last paidthe Notes, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiiiv) whether any offsets or defenses exist against the obligations secured hereby repayment of the Loans and, if any are alleged to exist, a detailed description thereof, (ixv) that all Leases are in full force and effect the extent to which the Loan Documents have been Modified and (provided vi) such other information as Administrative Agent shall reasonably request. Administrative Agent, within ten (10) Business Days after Borrower's reasonable request therefor, shall furnish to Borrower a written statement, duly acknowledged, certifying to any prospective permitted purchaser of an interest in Borrower or any prospective permitted lender to Borrower: (i) the Property is not a residential multifamily propertyamount of the Outstanding Principal Amount, (ii) have not been modified the terms of payment and Scheduled Maturity Date of the Loans (or if modifiedearlier, setting forth all modificationsthe Maturity Date), (xiii) the date to which the Rents thereunder have interest has been paid pursuant to under each of the LeasesNotes, (xiiv) whether or notwhether, to the best actual knowledge of Borrowerthe Person signing on behalf of Administrative Agent, there are any Defaults on the part of Borrower hereunder or under any of the lessees under the Leases are in default under the Leasesother Loan Documents, and, if any of the lessees are in defaultalleged to exist, setting forth the specific nature of all such defaultsa detailed description thereof, (xiiv) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with extent to which the amounts required under each LeaseLoan Documents have been Modified, and (xiiivi) such other information as to any other matters Borrower shall reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentrequest.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (viv) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viivi) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viiivii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ixviii) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xix) the date to which the Rents thereunder have been paid pursuant to the Leases, (xix) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xiixi) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiiixii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. Tenant shall at any time, and from time to time, upon not less than five (5) days prior written notice from Landlord execute, acknowledge and deliver to Landlord, to any prospective purchaser, or Landlord's Mortgagee, a written certificate of Tenant in form and substance reasonably satisfactory to Landlord , or Landlord's Mortgagee stating, in part: (a) After request by Lender, Borrower, within fifteen (15) days, shall furnish Lender or any proposed assignee with a statement, duly acknowledged whether Tenant has accepted the Premises and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment commencement date and maturity termination date of the Note, this Lease; (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrument, (viib) that the Note this Lease is unmodified and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modifiedthere have been modifications, setting forth all that the same is in full force and effect as modified and stating the modifications), and has not been assigned; (xc) that there are not, to Tenant's best knowledge, any uncured defaults on the part of the Landlord or Tenant hereunder, or specifying any defaults that may exist; (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same); (e) whether Tenant has received all required contributions from Landlord on account of Tenant's improvements; (f) the date dates, if any, to which the Rents thereunder Annual Base Rent and Additional Rent and other charges under this Lease have been paid pursuant to and the Leasesamounts of said Annual Base Rent and Additional Rent, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Leaseno Annual Base Rent, Additional Rent, or security deposit has been paid in advance of its due date, and (xiiig) as to any other matters information that may reasonably requested be required by Lender any of such persons. It is intended that any such certificate of Tenant delivered pursuant to this Section 14.03 may be relied upon by Landlord and reasonably related to any prospective purchaser or Landlord's Mortgagee of any part of the Leases, the obligations secured hereby, the Property or this Security InstrumentBuilding.

Estoppel Certificates. (a) After request by Lender, Borrower, within fifteen ten (1510) days, shall furnish Lender or any proposed assignee or Investor (as defined in Section 19.1) with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, to the best of Borrower's knowledge following diligent inquiry there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event Event of default Default under the Note or the Security Instrument, (vii) that the Note and this Security Instrument are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) whether to the best of Borrower's knowledge following diligent inquiry any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrument.

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such report per fiscal year of the Credit Parties, the Credit Parties, within fifteen (15) days[***] days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to the Credit Parties, upon a Credit Party’s request, prior to the Credit Parties being required to furnish such statement to Agent. After written request by Agent which, so long as no Event of Default has occurred and is continuing, shall be limited to [***] such request per [***] month period, the Credit Parties, within [***] days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of the Credit Parties, updating all of the representations and warranties contained in [***] = Certain Confidential Information Omitted 70 MidCap / Cerus / Credit, Security and Guaranty Agreement (ixRevolving Loan) 202312840 v5 this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated in accordance with this Agreement from time to time, are in full force true, accurate and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) complete as of the date to which the Rents thereunder have been paid pursuant of such certificate (except to the Leasesextent such representation or warranty expressly relates to an earlier date, (xi) whether in which case such representation or notwarranty shall be true, to the best knowledge accurate and complete in all material respects as of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentearlier date).

Estoppel Certificates. (a) After written request by LenderAgent which, Borrowerso long as no Event of Default has occurred and is continuing, shall be limited to one (1) such request per Fiscal Year, Credit Parties, within fifteen (15) daysBusiness Days and at their expense, shall will furnish Lender or any proposed assignee Agent with a statement, duly acknowledged and certified, setting forth (ia) the amount of the original principal amount of the NoteNotes, (ii) and the unpaid principal amount of the NoteNotes, (iiib) the rate of interest of the NoteNotes, (iv) the terms of payment and maturity date of the Note, (vc) the date installments payments of interest and/or principal were last paid, (vid) thatany offsets or defenses to the payment of the Obligations, except as provided in such statementand if any are alleged, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Note or the Security Instrumentnature thereof, (viie) that the Note Notes and this Security Instrument are valid, legal and binding obligations and Agreement have not been modified or if modified, giving particulars of such modification, and (viiif) whether any offsets that there has occurred and is then continuing no Default or defenses exist against if such Default exists, the obligations secured hereby and, if any are alleged to exist, a detailed description nature thereof, the period of time it has existed, and the action being taken to remedy such Default; provided that Agent shall have provided the Register to Borrower, upon Borrower’s request, prior to Borrower being required to furnish such statement to Agent. After written request by Agent, which, so long as no Event of Default has occurred and is continuing, shall be limited to one (ix1) such request per Fiscal Year, Credit Parties, within fifteen (15) Business Days and at their expense, will furnish Agent with a certificate, signed by a Responsible Officer of Credit Parties, updating all of the representations and warranties contained in this Agreement and the other Financing Documents and certifying that all Leases of the representations and warranties contained in this Agreement and the other Financing Documents, as updated pursuant to such certificate, are true, accurate and complete in full force and effect and (provided the Property is not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (x) material respects as of the date to which the Rents thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations secured hereby, the Property or this Security Instrumentcertificate.