Common use of Leases Clause in Contracts

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVdisclosed to Lender in writing, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of Borrower's knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s 's knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule V and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to the best of Borrower’s knowledge after inquiryknowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be performed completed by Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed in by the Environmental Report delivered to Lender (as defined in connection herewith, to Borrower’s actual knowledgethe Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises Property nor does Borrower have any knowledge of Anchor any Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. True, except correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in either event, in compliance with applicable federal, state or local statues, rules and regulationsany way.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except as disclosed and certified by Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except No Tenant under any Lease has any right or option for additional space in the Improvements except as disclosed in existing Leases. Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report delivered date hereof shall be subject to Lender’s prior written approval. Lender in connection herewithshall execute and deliver its standard form of subordination, non-disturbance and attornment agreement to Borrower’s actual knowledgeTenants under any future Major Lease approved by Lender promptly upon request, no hazardous wastes or toxic substanceswith such commercially reasonable changes as may be requested by such Tenants, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention which are reasonably acceptable to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsLender.

Leases. The Property is To Borrower’s knowledge, the Properties are not subject to any Leases other than (a) the Anchor Tenant Ground Lease, (b) the Leases described in Schedule XIV attached hereto and made a part hereof, and (c) the Operating Lease. Mortgage Borrower and Property Owner, as applicable, are the owner and lessor of landlord’s interest in the Operating Lease and Operating Lessee is the owner and lessor of landlord’s interest in the Leases. Canadian Trust is the beneficial owner of the Canadian Properties and Signatory Trustee is the registered owner and lessor of landlord’s interest in the Canadian Operating Lease. To Borrower’s knowledge (and subleases permitted under i) with the Anchor Tenant Lease). No exception of hotel guests, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Leases are in full force and effect and to Borrower’s knowledge after inquiryeffect, there are (iii) no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, date and (iv) all work to be performed by Mortgage Borrower or Property Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Property Owner, as applicable, to the Anchor Tenant have any tenant has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstandingsuch tenant. To Borrower’s knowledge after inquiry, except as set forth (A) no tenant listed on Schedule IV, the Anchor Tenant XIV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on , (B) except for those tenants listed in Schedule IVXIV-A, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except , (C) except as disclosed set forth on Schedule XIV-B, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, Improvements and (D) no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The To Borrower's Knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE XI hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiry's Knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's Knowledge, except as set forth on Schedule IVXI, the Anchor Tenant no tenant listed on SCHEDULE XI has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE XI, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of Borrower's knowledge after due inquiry, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge after due inquiry, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge's knowledge after due inquiry, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The rent roll for each Property attached hereto as Schedules 7 (collectively, the “Rent Roll Schedules”) is not true, complete and correct in all material respects and none of the Properties is subject to any Leases other than the Anchor Tenant related Operating Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest Leases described in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseRent Roll Schedules, as applicable. The Anchor Tenant Lease is Leases identified on the Rent Roll Schedules are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party thereto. The copies of the Leases delivered to Lender are true and complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All construction work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There Each Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property owned by such Borrower that have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of which are held by such Borrower in accordance with the terms of the Anchor Tenant applicable Lease or of the Rents received therein which is outstandingand applicable Legal Requirements. To Borrowers’ knowledge, each Tenant is free from bankruptcy or reorganization proceedings. To Borrowers’ knowledge, no Tenant under any Lease is default under the terms and conditions of such Lease. No Tenant under any Lease (or any sublease) (other than the Operating Leases) is an Affiliate of any Borrower’s knowledge after inquiry, except as set forth may be otherwise disclosed on Schedule IVthe Rent Roll Schedules, as appropriate. The Tenants under the Anchor Tenant Leases have accepted possession of and are in occupancy of all of their respective demised premises, and are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as been previously disclosed in the Environmental Report delivered to Lender in writing, and no such fees or commissions will become due and payable in the future in connection herewithwith the Leases, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined including by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation reason of any petroleum product extension of such Lease or any toxic or hazardous chemical, material, substance or wasteexpansion of the space leased thereunder, except as has previously been disclosed to Lender in either event, in compliance with applicable federal, state or local statues, rules and regulationswriting.

Leases. The Property is not subject to any leases other than the Leases described on Schedule II and made a part hereof and the Operating Lease. Operating Lessee is the owner and lessor of landlord’s interest in the Leases other than the Anchor Tenant Lease (Operating Lease. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Operating Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Room License Agreements. The Anchor Tenant Lease is To the Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To Borrower’s knowledge, except as disclosed to Lender on Schedule II hereof, (a) no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, (b) all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenant. There such tenant, (c) there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryremains in effect, except as set forth (d) in each case, unless otherwise indicated thereon, no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have (e) no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed , and (f) no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases ------ other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and made a part ----------- hereof and subleases permitted under the Anchor Tenant Lease)or assignments thereunder. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and subleases or assignments permitted thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and and, to Borrower's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All material work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiryExcept as permitted under the Permitted Leases, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises ----------- demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IVin the Leases, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no Improvements. No hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wastewaste except for any such substances used or generated by any tenant in the ordinary course of business and treated in accordance with applicable Environmental Laws ("PERMITTED MATERIALS"). Borrower shall not permit or suffer any tenant under any Permitted Lease to relocate from any Individual Property to any property owned by an Affiliate of Borrower, except without, in either eventcase, the prior written consent of Lender, in compliance with applicable federal, state or local statues, rules and regulationsits sole discretion.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases disclosed to Lender in writing or set forth in the occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto, there are no Major Leases on any Individual Property. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and Borrower or, to the best of Borrower’s knowledge, any tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. No Except as disclosed to Lender in writing or set forth in the Rent Rolls delivered to Lender on or prior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as disclosed to Lender in writing or set forth in the Rent Rolls, to the best of Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor Tenant no tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federalFederal, state State or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. (b) With respect to any Individual Property located within the State of New York, except Lender shall have all of the rights against lessees of each Individual Property located in either event, the State of New York set forth in compliance with applicable federal, state or local statues, rules and regulationsSection 291-f of the Real Property Law of New York.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule 4.1.26 attached hereto and subleases permitted under made a part hereof. Mortgage Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to Borrower’s knowledge there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including Except for security deposits) , no Rent has been paid more than one (1) month in advance of its due date. To best of Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge, all work to be performed by Mortgage Borrower or Baltimore Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Baltimore Owner to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been is no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as disclosed on Schedule 4.1.26, to Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant 4.1.26 has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewithon Schedule 4.1.26, no tenant, to Borrower’s actual knowledge, under any Lease has any right or option for additional space in the Improvements. To Borrower’s knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except waste in either event, in compliance with violation of applicable federal, state or local statues, rules and regulationslaw.

Leases. The Borrower has delivered to the Administrative Agent true copies of the Leases and any amendments thereto relating to each PoolUnencumbered Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll as of the date of inclusion of each Pool Property in the Pool Availability with respect to all Leases of any portion of the Pooleach Unencumbered Property has been provided (or, will be provided when required under Section 5.1(e)) to the Administrative Agent (except with respect to each PoolUnencumbered Property that is not subject leased to a single tenant under a triple-net lease, the lease has been provided to Agent in lieu of a Rent Roll). The Leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such PoolUnencumbered Property and in the Building relating thereto. Except as reflected on such Rent Roll or on Schedule 4.20 no tenant under any Lease is entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or deduction in rent, including, without limitation, lease support payments, lease buy-outs or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisescredits. Except as set forth on in Schedule IV4.20, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Pool Property in the Pool Availabilitysuch Rent Roll, in full force and effect in accordance with their respective terms, without any payment default or option pursuant any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and, except as reflected in Schedule 4.20, neither the Borrower nor any Guarantor has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the Anchor Tenant Lease to purchase all or any part best of the leased premises knowledge and belief of the Borrower, there is no basis for any such claim or the building notice of which the leased premises are a partdefault by any tenant. Except as disclosed reflected in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeSchedule 4.20, no hazardous wastes or toxic substancesproperty, as defined by other than the PoolUnencumbered Property, which is the subject of the applicable federalLease, state or local statutesis necessary to comply with the requirements (including, rules and regulationswithout limitation, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except parking requirements) contained in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under made a part hereof. To the Anchor Tenant Lease). No best of Borrower's knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s 's knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by such tenant. To the Anchor Tenant. There best of Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule II and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except as disclosed and certified by Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except No Tenant under any Lease has any right or option for additional space in the Improvements except as disclosed in existing Leases. Further, all Major Leases and all renewals, amendments and modifications thereof and waivers thereunder executed after the Environmental Report delivered date hereof shall be subject to Lender’s prior written approval. Lender in connection herewithshall execute and deliver its standard form of subordination, non-disturbance and attornment agreement to Borrower’s actual knowledgeTenants under any future Major Lease approved by Lender promptly upon request, no hazardous wastes or toxic substanceswith such commercially reasonable changes as may be requested by such Tenants, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention which are reasonably acceptable to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsLender.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases disclosed to Lender in writing or set forth in the occupancy and/or rental reports delivered to Lender on or prior to the Closing Date. Except as set forth on Schedule 4.1.26 attached hereto, there are no Major Leases on any Individual Property. Borrower is the owner and subleases permitted under lessor of landlord's interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and Borrower or, to the best of Borrower's knowledge, any tenant under any Lease which have a Material Adverse Effect and, to the best of Borrower's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease which would have a Material Adverse Effect. No Except as disclosed to Lender in writing or set forth in the Rent Rolls delivered to Lender on or prior to the Closing Date, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and and, except as disclosed to Lender in writing or set forth in the Rent Rolls, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as disclosed to Lender in writing or set forth on Schedule IVin the Rent Rolls, to the Anchor Tenant best of Borrower's knowledge, no tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federalFederal, state State or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. (b) With respect to any Individual Property located within the State of New York, except Lender shall have all of the rights against lessees of each Individual Property located in either event, the State of New York set forth in compliance with applicable federal, state or local statues, rules and regulationsSection 291-f of the Real Property Law of New York.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Leases described in Schedule I attached hereto and made a part hereof, including, without limitation, the Master Leases. Either Tower Borrower or Garage Borrower is the owner and holder of landlord’s interest in each Lease (and subleases permitted under affecting the Anchor Tenant Lease)Properties or any portion thereof. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent or Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents or the Vacant Space Rent received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Borrowers have delivered to the Agent true and complete copies of the Leases and any amendments thereto relating to each Mortgaged Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Mortgaged Property in the Collateral with respect to all Leases of any portion of the Mortgaged Property has been provided to the Agent. The Leases previously delivered to Agent as described in the preceding sentence constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such Mortgaged Property and in the Building relating thereto. No tenant under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease reflected in such Leases or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Mortgaged Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or option pursuant any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the Anchor Tenant Lease to purchase all best of the knowledge and belief of the Borrowers, there is no basis for any such claim or notice of default by any tenant which would result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the leased premises material terms under a Lease or of the building of which respective Borrower as landlord under the leased premises are a partLease. Except No security deposit or advance rental or fee payment has been made by any lessee or licensor under the Leases except as disclosed may be specifically designated in the Environmental Report delivered copies of the Leases furnished to Lender the Agent. No property other than the Mortgaged Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Comenity Lease. Borrower has delivered to Lender a true, correct and subleases permitted under complete copy of the Anchor Tenant Comenity Lease). Borrower is the owner and lessor of landlord’s interest in the Comenity Lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Comenity Lease. The Anchor Tenant Comenity Lease is in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant Comenity Lease has been performed as required and has been accepted by the Anchor TenantComenity, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have Comenity has already been received by the Anchor TenantComenity. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Comenity Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IV, the Anchor Tenant Comenity has not assigned the Anchor Tenant Comenity Lease or sublet all or any portion of the premises demised thereby, Comenity does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Comenity (including any subtenants permitted under its Lease) and its employees occupy such leased premises, other than licensees, concessionaires and similar occupants as permitted under the Comenity Lease. Except as set forth on Schedule IV, The Anchor Tenant Comenity does not have a right or option pursuant to the Anchor Tenant Comenity Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed Comenity does not have any right or option for additional existing space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The No Individual Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. With respect to each Individual Property, the applicable Individual Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Leaseapplicable Leases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to each Individual Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by the applicable Individual Borrower in accordance with applicable law. All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each Individual Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IVdisclosed to Lender in writing, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Mortgage Borrower is the Anchor Tenant Lease)owner of the landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Mortgage Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryExcept as provided in Schedule I attached hereto, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I attached hereto has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the certified rent rolls delivered to Lender in connection with the origination of the Loan, which rent rolls are true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. Mortgage Borrower or Maryland Owner, as applicable, is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best All security deposits are held by each of Borrower’s knowledgeMortgage Borrower and Maryland Owner, all as applicable, in accordance with applicable law. All work to be performed by Mortgage Borrower or Maryland Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Mortgage Borrower or Maryland Owner, as applicable, to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IVV, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule V, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, the Leases of any portion of the Unencumbered Asset Pool are in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises Leases, and to the knowledge of the Borrower and the Guarantors there is no basis for any such claim or notice of material default by tenant or licensee. No property other than the building Unencumbered Asset Pool Property which is the subject of which the leased premises are applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Lease. The Borrower or a part. Except as disclosed Subsidiary Guarantor is the holder of the lessor’s, landlord’s or licensor’s interest in and to all of the Leases of the Unencumbered Asset Pool Properties owned by it, except that both a Subsidiary Guarantor and Borrower hold the lessor’s, landlord’s or licensor’s interests in the Environmental Report delivered to Lender agreements described in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge definition of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except “Nokia Agreement” in either event, in compliance with applicable federal, state or local statues, rules and regulations§1.1.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s 's actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender, there are no material defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge's actual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein (other than sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the tenants under the Leases). To Borrower’s 's actual knowledge after inquiry, and except as set forth indicated on Schedule IVI, the Anchor Tenant no tenant listed on Schedule I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part, other than rights of first refusal or rights of first offer described in any Leases delivered to Lender prior to the date hereof. Except No tenant under any Lease has any right or option for additional space in the Improvements. To Borrower's actual knowledge and except as disclosed in the Environmental Report any environmental reports delivered to Lender in connection herewith, to Borrower’s actual knowledgewith the Loan, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any actual knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except other than substances of kinds and in either event, amounts ordinarily and customarily used or stored for the purposes of cleaning or other maintenance or operations and otherwise in compliance with applicable federal, state or local statues, rules and regulationsenvironmental laws.

Leases. The No Individual Property is not subject to any Leases other than the Anchor Tenant Lease Leases described in the certified rent roll delivered to Lender in connection with the closing of the Loan (the “Certified Rent Roll”), which rent roll is true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. With respect to each Individual Property, the applicable Individual Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Leaseapplicable Leases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, and, to each Individual Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by the applicable Individual Borrower in accordance with applicable law. All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each Individual Borrower’s knowledge after due inquiry, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant Certified Rent Roll has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth disclosed on Schedule IVVI hereto, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, the Leases of any portion of the Unencumbered Asset Pool are in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises or Leases, and to the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises the Borrower and the Guarantors there is no basis for any activity whichsuch claim or notice of material default by tenant or licensee. No property other than the Unencumbered Asset Pool Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, directly without limitation, parking requirements) contained in such Lease. The Borrower or indirectlya Subsidiary Guarantor is the holder of the lessor’s, involves landlord’s or licensor’s interest in and to all of the use, generation, treatment, storage, disposal or transportation Leases of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe Unencumbered Asset Pool Properties owned by it.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease) and the other Leases identified on Schedule II hereof (the “Other Leases”)(with respect to which Borrower has assigned to Anchor Tenant the right to collect and retain all rent thereunder). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLease and the Other Leases. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease and each Other Lease has been performed as required and has been accepted by the Anchor Tenant or any other applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisespremises (other than the tenants under the Other Leases). Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partpart other than the right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations. The guaranty of the Anchor Tenant Lease executed by Anchor Lease Guarantor is in full force and effect.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower or Operating Tenant, as the Anchor Tenant Lease)case may be, is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Major Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no material defaults thereunder by either party Borrower or Operating Tenant, as the case may be, or any tenant under any Major Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute material defaults thereunderunder any Major Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents payable with respect to Major Leases. All work to be performed by Borrower or Operating Tenant, as the case may be, under the Anchor Tenant each Major Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Tenant, as the case may be, to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Major Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except those that are both (i) in either event, in material compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant’s respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed in the Environmental Reports or otherwise disclosed to and regulationsapproved by Lender in writing.

Leases. The Borrowers have delivered to the Agent true and complete copies of the Leases and any amendments thereto relating to each Collateral Property required to be delivered as a part of the Eligible Real Estate Qualification Documents as of the date hereof. An accurate and complete Rent Roll in all material respects as of the date of inclusion of each Collateral Property in the Collateral with respect to all Leases of any portion of the Collateral Property has been provided to the Agent. The Leases previously delivered to Agent as described in the preceding sentence constitute as of the date thereof the sole material agreements relating to leasing or licensing of space at such Collateral Property and in the Building relating thereto. No tenant under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease reflected in such Leases or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases reflected therein are, as of the date of inclusion of the applicable Collateral Property in the Collateral, in full force and effect in accordance with their respective terms, without any payment default or option pursuant any other material default thereunder, nor are there any material defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder, and except as reflected in Schedule 6.22, no Borrower has given or made, any notice of any payment or other material default, or any claim, which remains uncured or unsatisfied, with respect to any of the Leases, and to the Anchor Tenant Lease to purchase all best of the knowledge and belief of the Borrowers and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant except in the case of any of the foregoing, those matters which would not result in a Material Adverse Effect. Borrower knows of no condition which with the giving of notice or the passage of time or both would constitute a default on the part of any tenant with respect to the leased premises material terms under a Lease or of the building of respective Borrower as landlord under the Lease, which would result in a Material Adverse Effect. No security deposit or advance rental or fee payment (more than 2 months in advance) has been made by any lessee or licensor under the leased premises are a part. Except Leases except as disclosed may be specifically designated in the Environmental Report delivered copies of the Leases furnished to Lender the Agent or as otherwise disclosed to Agent in connection herewithwriting. No property other than the Collateral Property which is the subject of the applicable Lease is necessary to comply with the requirements (including, to Borrower’s actual knowledgewithout limitation, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except parking requirements) contained in either event, in compliance with applicable federal, state or local statues, rules and regulationssuch Lease.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or any part thereof, or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, except as may have been reflected in any tenant estoppel certificates delivered to Borrower’s knowledge after inquiryLender or in Schedule I, there are no Borrower is not aware of any defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderthereunder on the part of Borrower or to Borrower's knowledge, on the part of any tenant. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as disclosed in the tenant estoppels or disclosed in Schedule I, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry's knowledge, except as set forth disclosed in the tenant estoppels or disclosed in Schedule I, no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby to Borrower's knowledge; no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on disclosed in the tenant estoppels or disclosed in Schedule IVI, The Anchor Tenant does not have no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no Borrower is not aware that any hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises except cleaning supplies used and stored in compliance with law and inventory held for retail sale in compliance with law, nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, waste except in either event, cleaning supplies used and stored in compliance with applicable federal, state or local statues, rules law and regulationsinventory held for retail sale in compliance with law. Schedule I attached hereto is true and complete in all material respects.

Leases. The To Borrower's Knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE XI hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, except as set forth on SCHEDULE XII hereto, to Borrower’s knowledge after inquiry's Knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and and, except as set forth on SCHEDULE XII hereto, any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's Knowledge, except as set forth on Schedule IVXI, the Anchor Tenant no tenant listed on SCHEDULE XI has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE XI, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE XI. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Leases. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Leases. No Person (other than hotel guests) has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Management Agreements. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable federalIndividual Property or each tenant's respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to the best of Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be performed completed by Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No tenant under any Lease has any right or option for additional space in the Improvements. Except as otherwise disclosed in by the Environmental Report delivered to Lender (as defined in connection herewith, to Borrower’s actual knowledgethe Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to There are no other leases, licenses, subleases, occupancy agreements or other agreements for the use, possession or occupancy of any Leases portions of the Real Property, other than those listed on Exhibit L attached to this Agreement. Exhibit L contains a true, correct and complete list of all currently existing Leases at the Anchor Tenant Lease Property to which any Seller is a party; full, true and complete copies of all Leases and all amendments and guarantees relating thereto have heretofore been delivered to Buyer (and subleases permitted under or made available to Buyer as part of the Anchor Tenant LeaseDocuments). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant To Seller's knowledge, each Lease is in full force and effect effect, and except as shown on Exhibit L, to Borrower’s knowledge after inquirySeller's knowledge, there are no defaults thereunder by either party and there are no conditions that, with rent or other amounts payable under the passage of time Leases is more than one (1) month in arrears or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance advance. Exhibit L sets forth a true and correct listing of its due date. To best all security deposits (indicating cash or letter of Borrower’s knowledge, all work to be performed credit) or prepaid rentals made or paid by Borrower the tenants under the Anchor Tenant Lease Leases. Except as shown in Exhibit L, Seller has been performed as required and not delivered any written notices of tenant default to any tenants under Leases which remain uncured, nor has been accepted by the Anchor Tenant, and Seller received any payments, free rent, partial rent, rebate written notices of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenanta landlord default from any tenants under Leases which remain uncured. There has been no prior sale, transfer or assignment, hypothecation or pledge None of the Anchor Tenant Seller's interest in any Lease or of Seller's right to receive the Rents received therein rentals payable by the tenant thereunder has been assigned, conveyed, pledged or in any manner encumbered by Seller, except in connection with any existing financing encumbering the Property, which is outstanding. To Borrower’s knowledge after inquiry, except to be repaid by Seller and released as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesClosing. Except as set forth described on Schedule IVExhibit L, no tenant has given written notice to Seller of any default or offsets, claims or defenses available to it. The Anchor only Tenant does not have a right Inducement Costs in the nature of tenant improvement costs for space currently being leased under any Leases in effect as of the date hereof (whether in the form of direct payments therefor required of Seller or option pursuant in the form of tenant improvement allowances payable by Seller) or for leasing commissions for leased premises currently being leased under any such Leases, in any such case which may hereafter be payable under or with respect to the Anchor Leases (and excluding, in any event any such Tenant Lease to purchase all or any part of the leased premises or the building of Inducement Costs which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender may arise in connection herewith, with expansions or lease renewals/extensions hereafter occurring under or with respect to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except such Leases) are identified in either event, in compliance with applicable federal, state or local statues, rules and regulationsExhibit L hereto.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s Grantor's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower Grantor under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Grantor to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s Grantor's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Grantor's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower Grantor have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The rent roll with respect to each Mortgaged Property attached hereto as Schedule 3.3.8 is true, complete and correct and no Mortgaged Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule 3.3.8. Each applicable Mortgagor is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases with respect to each Mortgaged Property, and each applicable Borrower Entity is the collateral assignee and beneficiary of landlord’s interest in the Leases with respect to each Mortgaged Property. No Person has any possessory interest in the Mortgaged Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as identified on Schedule 3.3.8 attached hereto, the Leases identified on Schedule 3.3.8, to Borrower’s actual knowledge, are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party party, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder, except to the extent such defaults would not reasonably be expected to have a Material Adverse Effect. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed as of the date hereof, by each Borrower Entity or Mortgagor, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower Entity or Mortgagor, as applicable, to the Anchor any Tenant have has already been received by the Anchor such Tenant. To the extent required by the applicable Lease, the Tenants under the Leases have accepted possession of and, except as identified on Schedule 3.3.8 attached hereto, are in occupancy of all of their respective demised Mortgaged Property and have commenced the payment of full, unabated rent under the Leases. Each Borrower Entity has made available to Lender a true, correct and complete list of all security deposits made by Tenants at the Mortgaged Property which have not been applied (including accrued interest thereon), all of which are held, or have been used, by the applicable Borrower Entity or Mortgagor, as applicable, in accordance with the terms of the applicable Lease and applicable Legal Requirements. Except as identified on Schedule 3.3.8 attached hereto, each Tenant under a Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of any Borrower Entity or Mortgagor. Except as identified on Schedule 3.3.8 attached hereto, the Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Mortgaged Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. Except as identified on Schedule 3.3.8 attached hereto, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect, other than by a Mortgagor to the applicable Borrower Entity. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant 3.3.8 has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have a under any Lease has any right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the any Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll attached at Schedule I. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and complete, and there are no oral agreements with respect thereto. No Rent (including other than security deposits, if any, listed on Schedule I) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower the landlord under such Lease to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Except as listed on Schedule I, to Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth listed on Schedule IVI, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building any Property of which the leased premises are a part. Except as disclosed listed on Schedule I, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual knowledge, no hazardous wastes action or toxic substances, as defined by applicable federal, state inaction or local statutes, rules and regulations, have been disposed, stored or treated by Anchor event has occurred that would entitle any Occupancy Reserve Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use terminate its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsrespective Occupancy Reserve Lease.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements except as set forth in connection herewith, to Borrower’s actual knowledge, no SCHEDULE II. No hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll attached at Schedule I and subleases permitted Borrower is the owner and lessor of landlord’s interest under the Anchor Tenant each such Lease). No To Borrower’s Knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Leases described on Schedule I. Each Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. To Borrower’s Knowledge, the copies of each Lease and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and complete, and there are no oral agreements with respect thereto. No Rent (including other than security deposits, if any, listed on Schedule I) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeKnowledge, all work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in each Lease and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor applicable Tenant have already been received by the Anchor Tenantunder such Lease. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no Tenant holds its leased premises under assignment or sublease, nor does anyone except a Tenant occupy any portion of the Anchor Property. No Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant its Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a partpart other than rights of first refusal which are not triggered by the exercise of Lender of its remedies hereunder or the acceptance by Lender of a deed-in-lieu of foreclosure of the Property. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report Improvements. Borrower has no knowledge of any defaults by Borrower’s predecessor or any Tenant under any Lease nor any knowledge that any statement made by or on behalf of a Tenant in a tenant estoppel certificate delivered to Borrower and/or Lender in connection herewith, with the Loan contains any untrue statement of a material fact or omits to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention material fact necessary to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsmake statements contained therein not misleading.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the Rent Roll attached as Schedule II hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryKnowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IVII, the Anchor Tenant no tenant listed on Schedule II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule II, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Leases described in Schedule I attached hereto and made a part hereof, including, without limitation, the Master Leases. Either Tower Mortgage Borrower or Garage Mortgage Borrower is the owner and holder of landlord’s interest in each Lease (and subleases permitted under affecting the Anchor Tenant Lease). Properties or any portion thereof No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent or Vacant Space Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by each Mortgage Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by either Borrower to the Anchor Tenant any tenant have already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents or the Vacant Space Rent received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as Schedule IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant no tenant listed on Schedule IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in Schedule IV. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received reserved therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease, if any). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Lease. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Leases. No Person (other than hotel guests) has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Management Agreement. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with applicable federalcurrent Environmental Laws and with permits issued pursuant thereto (if such permits are required), state and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the Property or local statueseach tenant's respective business at the Property as set forth in their respective Leases, rules (B) held by a tenant for sale to the public in its ordinary course of business, or (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. (a) The Property is Financed Properties are not subject to any Leases leases other than the Anchor Tenant Leases described in the Lease (File and any subleases or assignments permitted under the Anchor Tenant Lease)thereunder. No Person has any possessory interest in the any Financed Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and subleases or assignments permitted thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and there are no conditions thatsuch Borrower or, with to the passage knowledge of time or the giving of noticeapplicable Borrower, or both, would constitute defaults thereunderany Tenant. No Rent rent (including other than security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All material work to be performed by such Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by such Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, assignment from such Borrower of any Financed Property or Leases in the Collateral or hypothecation or pledge of the Anchor Tenant any Lease or of the Rents rents received therein which is outstanding. To Borrower’s knowledge after inquirytherein, except as set forth for such hypothecations or pledges that have been released or, in the case of a Hybrid Lease, that are being assigned over to the Administrative Agent on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion behalf of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant Lenders on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use date hereof. Except as permitted under the Leases, no Tenant listed on the Lease File has assigned its Lease and no such Tenant holds its leased premises under assignment or sublease. Such Lease File sets forth a true and correct list of each Financed Property that is subject to a Third Party Purchase Option, including, without limitation, any rights of first offer or rights of first refusal that apply to a foreclosure, power of sale or similar remedy by Administrative or Lenders or those that are not null and void upon a foreclosure, power of sale or similar remedy by Administrative Agent or Lenders, or an option to terminate such Lease prior to the Facility Termination Date, together with the earliest date on which each such option may be exercised. The Borrowers have delivered to Custodian a Lease File for each Financed Property and such Lease File contains all documents and instruments required to be contained therein, pursuant to the Custody Agreement. (b) The Tenant under each Lease is in possession and paying rent pursuant to the applicable Lease; such Borrower is the owner of the lessor’s interest in each Lease; and the Tenant is required to make rental payments in the manner as directed by the lessor and its successors and assigns. (c) To the knowledge of such Borrower, (i) each Tenant has all material licenses, permits, material agreements, including, but not limited to franchise agreements, necessary for the operation and continuance of such Tenant’s business on the related Financed Property; and (ii) no Borrower has received written notice that Tenant is in default of its obligations under any such applicable license, permit or agreement, which default would materially adversely affect its business operations on the subject Financed Property. (d) Neither such Borrower nor, to such Borrower’s knowledge, any Tenant is the subject of any Bankruptcy Action. (e) There are no pending actions, suits or proceedings by or before any Governmental Authority against or affecting such Borrower, or, to such Borrower’s knowledge, the related Financed Properties or any Tenant that, if determined adversely to such Borrower or any Financed Property or any Tenant, would materially and adversely affect the use and operation, the value, or the marketability of title of any Financed Property, the ability of such Borrower to pay principal, interest or any other amounts due under the Loan, or the ability of any Tenant to pay any amounts due under the applicable Lease. (f) The obligations of the related Tenant under the Lease to pay fixed and additional rent, are not affected by reason of: (i) any damage to or destruction of any portion of a related Financed Property, except damage to such Financed Property caused by casualty in the last twelve (12) or twenty-four (24) months of the lease term or substantial damage to the leased property such that the improvements cannot be repaired so as to allow Tenant to conduct a substantial part of its business within a specified time period ranging from one hundred and eighty (180) days to one (1) year; (ii) any taking of such Financed Property, except a total condemnation and taking of the leased property or a partial condemnation and taking that renders such Financed Property unsuitable for the continuation of Tenant’s business; or (iii) any prohibition, limitation, interruption, cessation, restriction, prevention or interference of Xxxxxx’s use, occupancy or enjoyment of such Financed Property, except with respect to certain abatement rights in connection with casualty and condemnation which may be provided for under the related Lease. (g) Such Borrower, as landlord under the Lease, does not have any material monetary obligations under the Lease, except for any activity whichobligations related to new construction or for improvements on the Financed Property; provided that such obligations (i) are concurrently created with the Tenant’s entry into the Lease, directly (ii) do not provide the Tenant with set off rights, (iii) are in the ordinary course of such Borrower’s business and (iv) Borrower shall have provided no less than 30 days’ written notice prior to entering into any such monetary obligation to Administrative Agent. (h) Every obligation (other than those set forth in clause (g) above) associated with managing, owning, developing and operating the related Financed Property, including, but not limited to, the costs associated with utilities, Property Taxes, insurance, capital and structural improvements, maintenance and repairs is an obligation of Tenant. (i) Such Borrower does not have any material nonmonetary obligations under the Lease (other than customary covenants of quiet enjoyment, customary landlord indemnities and covenants regarding consent) and has made no representation or indirectlywarranty under the Lease, involves the usebreach of which would result in the abatement of rent, generationa right of setoff or termination of the Lease. (j) Except for (i) certain rights of first offer and rights of first refusal set forth in certain Leases and (ii) certain prohibitions on sale set forth in certain Leases identified to Administrative Agent in writing, treatmentthe Lease is freely assignable by the lessor and its successor and assigns (including, storagebut not limited to, disposal the Collateral Agent (not in its individual capacity but solely in its capacity as Collateral Agent on behalf of the Administrative Agent for the benefit of the Secured Parties), which acquires title to a Financed Property by foreclosure or transportation otherwise) to any person without the consent of the Tenant, and in the event the lessor’s interest is so assigned, the Tenant is obligated to recognize the assignee as lessor under such Lease, whether under the Lease or by operation of law. (k) The Tenant has agreed to indemnify the applicable Borrower, as lessor from any claims of any petroleum product nature relating to the Lease and the related Financed Property other than such Borrower’s gross negligence or willful misconduct, including, without limitation, arising as a result of violations of Environmental Laws resulting from the Tenant’s operation of the related Financing Property. (l) Any obligation or liability imposed by any toxic easement or hazardous chemicalreciprocal easement agreement with respect to the related Financed Property is an obligation of Tenant, materialand such Borrower has no liability to Tenant for performance of the same. (m) The Tenant under a Lease or related ancillary document (which document does not negate other representations and warranties set forth herein) is required to make rental payments as directed by the Borrower. (n) Pursuant to the terms of each Lease, substance each Lease is automatically subordinate to the related Mortgage and requires each Tenant to attorn to the Administrative Agent and Lenders upon a foreclosure, power of sale or wastesimilar remedy, except and to the extent the terms of a Lease do not include such automatic subordination and attornment language, the Tenant is required to execute a subordination, non-disturbance, and attornment agreement which causes the Lease to be subordinated to the related Mortgage and the related Tenant to attorn to the Administrative Agent and Lenders upon a foreclosure, power of sale or similar remedy. (o) Except for (i) certain rights of first offer and rights of first refusal set forth in either eventcertain Leases, the Lease is freely assignable by the applicable Borrower and its successor and assigns (including, but not limited to, the Collateral Agent (not in its individual capacity but solely in its capacity as Collateral Agent, on behalf of the Administrative Agent for the benefit of the Secured Parties), which acquires title to a Financed Property by foreclosure or otherwise) to any person without the consent of the Tenant, and in the event the applicable Borrower’s interest is so assigned, the Tenant is obligated to recognize the assignee as lessor under such Lease, whether under the Lease or by operation of law. (p) No Tenant under a Lease with respect to a related Financed Property has been released, in compliance whole or in part, from its obligations under the terms of the Lease. (q) In connection with applicable federaleach Financed Property with respect to which a Lease Guarantor has executed a Lease Guaranty with respect to all payments due under the related Lease: (i) such Lease Guaranty is in full force and effect and, state to such Borrower’s knowledge, there are no defaults by the related Lease Guarantors thereunder; (ii) such Lease Guaranty, on its face, (1) contains no conditions to such payment, other than a notice and right to cure; (2) provides that it is the guaranty of both the performance and payment of the financial obligations of the Tenant under the Lease; and (3) does not provide that the rejection of the Lease in a bankruptcy or local statues, rules insolvency of the Tenant shall affect the related Lease Guarantor’s obligations under such Lease Guaranty; and (iii) such Lease Guaranty is binding on the successors and regulationsassigns of the related Lease Guarantor and inures to the benefit of the lessor’s successors and assigns; such Lease Guaranty cannot be released or amended without the lessor’s consent or unless a predetermined performance threshold is achieved or a predetermined period of time has elapsed.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule III attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and effect, there are no defaults by Borrower thereunder and, to Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either any other party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as set forth on Schedule III, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, and except as set forth on Schedule IVIII, the Anchor Tenant no tenant listed on Schedule III has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth on Schedule III, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as set forth on Schedule 4.1.26, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and and, to Borrower's knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including excluding security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as set forth on Schedule 4.1.26, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except outstanding as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisesdate hereof. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, waste except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe Legal Requirements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partpart other than the right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s 's actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s 's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the rent roll delivered to Lender on or prior to the Closing Date. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and with the exception of Tenant’s failure to Borrower’s knowledge after inquirymake the scheduled payments of rent on each of August 1, 2016 and September 1, 2016, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and complete, and there are no oral agreements with respect thereto. No Rent (including other than security deposits, if any) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower the landlord under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower the landlord under such Lease to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryExcept as otherwise disclosed to Lender on our prior to the Closing Date, except as set forth on Schedule IV, the Anchor no Tenant has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees or family occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building Property of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, Improvements. The Property forms no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation part of any petroleum product property owned, used or claimed by Borrower as a residence or business homestead and is not exempt from forced sale under the laws of the state in which the Property is located. Borrower hereby disclaims and renounces each and every claim to all or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsportion of the property as a homestead.

Leases. The (a) As of the date hereof, the Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under Leases described in a rent roll provided by Grantor to Beneficiary. To the Anchor Tenant Lease). No knowledge of Grantor, no Person has any possessory interest in the Property Premises or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed in writing to Beneficiary, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, (i) there are no monetary defaults thereunder by either party thereto, (ii) to Grantor’s knowledge, there are no other defaults thereunder by the tenant or by Grantor thereunder, and (iii) to Grantor’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Except as disclosed in writing to Beneficiary, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of BorrowerExcept as disclosed in writing to Beneficiary, to Grantor’s knowledge, all work to be performed by Borrower Grantor under the Anchor Tenant each Lease has been performed as required to date hereof and has been accepted by the Anchor Tenant, and any applicable tenant. Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower Grantor to the Anchor Tenant have any tenant has already been received by such tenant except as disclosed on a certificate executed by Grantor in favor of, and approved by, Beneficiary on the Anchor Tenantdate hereof. There has been exists no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Grantor’s interest in any Lease or of the Rents received therein which is outstandingtherein. To BorrowerExcept as disclosed in writing to Beneficiary, (A) to Grantor’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant Lease Certificate has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor to Grantor’s knowledge does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have ; (B) no tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part; and (C) no tenant under any Lease has any right or option for additional space in the Improvements. Except To Grantor’s knowledge, and except as disclosed in the Environmental Report delivered writing to Lender in connection herewith, to Borrower’s actual knowledgeBeneficiary, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have in violation of applicable law. (b) To the extent that Grantor shall deliver to Beneficiary an estoppel certificate from the tenant under any knowledge Lease of Anchor Tenanta Trust Property that is subject to this Deed of Trust that (i) is dated within thirty (30) days of the date hereof or within thirty (30) days after the date hereof and is delivered to Beneficiary within thirty (30) days after the date hereof, (ii) expressly states that a lender making a loan with respect to the Trust Property may rely upon such certificate and (iii) expressly confirms one or more of the representations made by Grantor in the foregoing clause (a) of this Section 10, then in such event, Grantor’s intention representation(s) contained in such clause (a) shall terminate and not survive delivery of such estoppel certificate; provided, however, that such termination of survival shall (A) only apply to use its leased premises for those representations contained in clause (a) of this Section 10 that are expressly addressed and expressly confirmed in any activity whichsuch tenant estoppel certificate and (B) only apply to the Trust Property to which such tenant estoppel certificate expressly applies. (c) In the event that any of the representations of Grantor contained in clause (a) of this Section 10 shall fail to be true, correct and complete (including, without limitation, as may be disclosed in any tenant estoppel certificate delivered by Grantor to Beneficiary), to the extent that such failure taken by itself or together with any other breach(s) of any representations contained in one or more of the other mortgages, deeds of trust and/or deeds to secure debt that secure, directly or indirectly, involves the useObligations under Credit Agreement do not constitute a Material Adverse Affect, generationsuch failure shall not constitute an Event of Default; provided, treatmenthowever, storagethat Grantor and the Loan Parties shall be fully and personally liable to Beneficiary for any loss, disposal damage, liability or transportation other expenses incurred by Beneficiary in connection with the failure(s) of such representation(s) to be true, correct and complete as and when made by Grantor. (d) Except as expressly permitted under the Credit Agreement, Grantor shall not execute an assignment or pledge of any petroleum product Lease relating to all or any toxic or hazardous chemical, material, substance or waste, except portion of the Trust Property other than in either event, in compliance with applicable federal, state or local statues, rules and regulationsfavor of Beneficiary.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule III attached hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person person has any possessory interest in any of the Property Properties or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases identified on Schedule III are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderthereunder (the foregoing representation as to defaults being to the best of Borrower's knowledge as to defaults by tenants). No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There Other than hypothecations which are no longer in effect, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except Except as set forth in Schedule III, no tenant listed on Schedule IV, the Anchor Tenant III has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant no such tenant holds its leased premises under assignment or sublease, and its employees occupy such leased premisesall tenants are occupying their spaces. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or No tenant under any Lease has an option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements. To the best of Borrower's knowledge, other than normal and customary tenant inventory, cleaning supplies and building materials used in connection herewith, to Borrower’s actual knowledgetenant's business and in compliance with law, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest a. Article I provides that all persons who are present in the Property Subdivision must comply with the Covenants. In order to enforce this provision, all Owners leasing or right renting their Lots shall be required to occupy incorporate the same except under following provision in their lease or rental agreements (substantially in the following form): The Leased Premises are a part of a Subdivision. All persons occupying property in Xxxxxxx Forest Subdivision are required to observe the Covenants and pursuant Restrictions of the Xxxxxxx Forest Homeowners Association. Copies of all Covenants and Restrictions and By-laws of the Association are to be obtained from the Landlord. By signing below I hereby declare that I have read and understand the Declaration of Covenants and Bylaws and I agree to abide by them. Tenant Date b. In addition, all Owners leasing their Lots are required to provide the Association with a copy of the lease and the names and addresses of the Lot Owner and the Tenant within fifteen (15) days of the effective date of the lease. c. If the Lot Owner or Tenant fails to abide by the provisions of this Section, the Anchor Tenant LeaseLot Owner may be assessed a fifty dollar ($50.00) fine plus all legal fees and other expenses incurred by the Association as provided in Section 3.5 above. IN WITNESB VKEREOF, the undersigned parties have caused their seals and signatures to be affixed the date and year first above written. ATTEST: XXXXXXX FOREST HOMEOWNERS ASSOCIATION, INC. Secretary President (Corporate seal) STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 1996 by an officer of Xxxxxxx Forest Homeowners Association, Inc. a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced Notary Public Printed Name: My commission expires: 1. Any architectural blind with any one side greater than 16 feet in length constitutes a fence. 1. Shall be of pressure treated, cypress or cedar wood material. 1. Fence type shall be picket, board on board, shadow box or stockade and shall be 6 feet in height maximum. 1. Fences may be left natural or be finished with a wood-tone stain. 1. Fences installed on lots that border a retention area shall not exceed 42 inches in height when located within 20 feet or less of the rear property line nor shall they be placed on the maintenance easement or otherwise be installed to restrict passage around retention area perimeter. 1. The Anchor Tenant Lease is transition between differing fence height segments shall be gradual in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower proportion to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed change in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsheight.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease Leases described in the rent rolls for each Individual Property attached hereto as Schedule I and made a part hereof (individually and subleases permitted under collectively, as the Anchor Tenant Leasecontext requires, the “Rent Roll”), which Rent Roll is true, complete and accurate in all material respects as of the Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed in the Rent Roll, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and and, to Borrower’s actual knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Not more than five percent (5%) of annual Rent (including security deposits) for all of the Property in the aggregate has been paid more than one (1) month in advance of its due datedate (other than security deposits). To best of Borrower’s knowledge, all work to be performed All security deposits are held by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenantin accordance with applicable law. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryactual knowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Operating Lease (and subleases permitted under the Anchor Tenant Lease)Leases listed on Schedule I attached hereto and made a part hereof, which list is true, complete and accurate in all respects as of the Closing Date. Borrower or Operating Company is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseOperating Lease and the Lease (the foregoing does not include transient hotel guests or attendees of banquet events). The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and to the knowledge of Borrower and its Affiliates (including without limitation, Affiliated Manager), there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower or Operating Company in accordance with applicable law. All work to be performed by Borrower or Operating Company under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Company to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth on Schedule I hereto, no Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property Borrower is not subject to any Leases the owner and lessor of landlord's interest in the Operating Leases. Operating Lessee is the lessor under all other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)Leases. No Person (other than hotel guests) has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and Management Agreements. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or, to the best of Borrower's knowledge, any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, No tenant (other than the Anchor Tenant Operating Lessees) under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in the Environmental Report delivered to Lender Leases, no tenant under any Lease has any right or option for additional space in connection herewith, to the Improvements. To the best of Borrower’s actual 's knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower or Operating Lessee have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable federalProperty or each tenant's respective business at such Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is To Borrower’s Knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. To Borrower’s Knowledge, each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Sabre Leases. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Sabre Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseSabre Leases. The Anchor Tenant Lease is Sabre Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease Leases has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances allowances, concessions or abatements required to be given by Borrower to the Anchor Tenant any tenant have already been received by such tenant and all leasing commissions and tenant improvement obligations under the Anchor TenantLeases have been fully satisfied. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant Sabre has not assigned the Anchor Tenant Lease Sabre Leases or sublet all or any portion of the premises demised thereby, Sabre does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Sabre and its employees or employees of its Affiliates occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a Sabre has no right or option pursuant to the Anchor Tenant Lease Sabre Leases or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed Sabre has no right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases identified on Schedule I are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party party, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by such Tenant. The Tenants under the Anchor TenantLeases have accepted possession of and are in occupancy of all of their respective demised premises and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. No Tenant under a Major Lease is a debtor in state or federal bankruptcy, insolvency or similar proceeding. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is Individual Properties are not subject to any Leases leases, licenses, or other possessory interests other than the Anchor Tenant Lease (Qualified Leases. Borrower is the owner and subleases permitted under lessor of landlord's interest in the Anchor Tenant Lease)Qualified Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseQualified Leases. The Anchor Tenant Lease is Qualified Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Qualified Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, lv hypothecation or pledge of the Anchor Tenant any Qualified Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under a Qualified Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no tenant under a Qualified Lease or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant related tenant under a Qualified Lease or such other tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Qualified Lease has a right or option pursuant to the Anchor Tenant Lease such lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Qualified Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases expressly permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set fort in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property To Seller’s knowledge, the information in the Rent Roll is not subject true, correct, and complete. Seller has or will pursuant to Section 4 and Section 7.3 deliver to Buyer what Seller believes are true, accurate and complete copies of all of the Leases and there are no leases, subleases, licenses, occupancies or tenancies in effect pertaining to any portion of the Real Property, and no persons, tenants or entities occupy space in the Real Property, except as stated in the Rent Roll. There are no options or rights to renew, extend or terminate the Leases other than or expand any Lease premises, except as shown in the Anchor Tenant Lease (Rent Roll and subleases permitted under the Anchor Tenant Lease)Leases. No Person has brokerage commission or similar fee is due or unpaid by Seller with respect to any possessory interest in the Property Lease, and there are no written or right oral agreements that will obligate Buyer, as Seller’s assignee, to occupy the same except pay any such commission or fee under and pursuant to the provisions of the Anchor Tenant Leaseany Lease or extension, expansion or renewal thereof. The Anchor Tenant Lease is Leases and any guaranties thereof are in full force and effect effect, and are subject to Borrower’s knowledge after inquiryno defenses, there are no defaults thereunder by either party and there are no conditions that, with setoffs or counterclaims for the passage benefit of time or the giving of notice, or both, would constitute defaults Tenants thereunder. Neither Seller nor, to Seller’s knowledge, any Tenant is in default under its Lease. Seller is in full compliance with all of the landlord’s obligations under the Leases, and Seller has no obligation to any Tenant under the Leases to further improve such Tenant’s premises or to grant or allow any rent or other concessions except as stated in the Leases. No Rent (including security deposits) has rent or other payments have been paid collected in advance for more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent no rents or other payments, credits, allowances or abatements required to be given deposits are held by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirySeller, except as set forth the security deposits described on Schedule IV, the Anchor Tenant has not assigned Rent Roll and rent for the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisescurrent month. Except as set forth on Schedule IVstated in the Leases, The Anchor Tenant does not each rental concession, rental abatement or other benefit granted to Tenants under the Leases will have a right or option pursuant been fully utilized prior to the Anchor Tenant Lease to purchase all or any part Close of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsEscrow.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease Leases described in the rent roll delivered pursuant to that certain Certificate Regarding Leases and Financial Conditions given to Lender by each Borrower (collectively, the “Rent Rolls”). Owner is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant LeaseLeases (other than tenant subleases, if any, shown on the Rent Rolls). No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases and any subleases. The Anchor Tenant Lease is Except as set forth in the tenant estoppel certificates delivered to Lender on or prior to the Closing Date, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either Owner or to Borrower’s knowledge, any other party thereto and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including other than security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeExcept as set forth in the tenant estoppel certificates delivered to Lender on or prior to the Closing Date, all work to be performed by Borrower Owner under the Anchor Tenant each Lease has been performed materially as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances allowances, concessions or abatements required to be given by Borrower Owner to the Anchor Tenant any tenant have already been received by such tenant and all leasing commissions and tenant improvement obligations under the Anchor TenantLeases have been fully satisfied. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Owner’s interest in any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No tenant listed on Schedule IV, the Anchor Tenant Rent Rolls has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described on the certified rent rolls delivered to Lender in connection with the origination of the Loan, which rent rolls are true, complete and subleases permitted under accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower or Maryland Owner, as applicable, is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to each of Borrower’s and Maryland Owner’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best All security deposits are held by each of Borrower’s knowledgeBorrower and Maryland Owner, all as applicable, in accordance with applicable law. All work to be performed by each of Borrower or Maryland Owner, as applicable, under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by each of Borrower or Maryland Owner, as applicable, to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To each of Borrower’s and Maryland Owner’s knowledge after due inquiry, except as set forth on Schedule IVV, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule V, no tenant under any Lease has any right or option for additional space in the Improvements. To each of Borrower’s and Maryland Owner’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower and/or Maryland Owner have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The To Borrower’s Knowledge, the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as Schedule XI hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryKnowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IVXI, the Anchor Tenant no tenant listed on Schedule XI has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule XI, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The rent roll for each Property attached hereto as Schedules 7 (collectively, the “Rent Roll Schedules”) is not true, complete and correct in all material respects and none of the Properties is subject to any Leases other than the Anchor Tenant related Operating Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest Leases described in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseRent Roll Schedules, as applicable. The Anchor Tenant Lease is Leases identified on the Rent Roll Schedules are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either any party thereto. The copies of the Leases delivered to Lender are true and complete, and there are no conditions that, oral agreements with the passage of time or the giving of notice, or both, would constitute defaults thereunderrespect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All construction work to be performed by each Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by any Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There Each Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property owned by such Borrower that have not been no prior saleapplied (including accrued interest thereon), transfer or assignment, hypothecation or pledge all of which are held by such Borrower in accordance with the terms of the Anchor Tenant applicable Lease or of the Rents received therein which is outstandingand applicable Legal Requirements. To Borrowers’ knowledge, each Tenant is free from bankruptcy or reorganization proceedings. To Borrowers’ knowledge, no Tenant under any Lease is default under the terms and conditions of such Lease. No Tenant under any Lease (or any sublease) (other than the Operating Leases) is an Affiliate of any Borrower’s knowledge after inquiry, except as set forth may be otherwise disclosed on Schedule IVthe Rent Roll Schedules, as appropriate. The Tenants under the Anchor Tenant Leases have accepted possession of and are in occupancy of all of their respective demised premises, and are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at any Property, except as has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as been previously disclosed in the Environmental Report delivered to Lender in writing, and no such fees or commissions will become due and payable in the future in Pool 2 connection herewithwith the Leases, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined including by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation reason of any petroleum product extension of such Lease or any toxic or hazardous chemical, material, substance or wasteexpansion of the space leased thereunder, except as has previously been disclosed to Lender in either event, in compliance with applicable federal, state or local statues, rules and regulationswriting.

Leases. (a) The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or any tenant under any Lease, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder any Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth described on Schedule IVII, the Anchor Tenant no tenant under any Lease has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Improvements. No Hazardous Materials have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable federalIndividual Property or each tenant's respective business at such Individual Property as set forth in their respective Leases, state (B) held by a tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Operating Lease (and subleases permitted under Operating Sublease. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Operating Lease. The Anchor Tenant Operating Lease is in full force and effect and to Borrower’s knowledge after inquiryand, there are no defaults thereunder by either party Borrower or the Operating Tenant thereunder, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderunder the Operating Lease. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best There are no offsets or defenses to the payment of Borrower’s knowledge, all any portion of the Rents. All work to be performed by Borrower under the Anchor Tenant Operating Lease has been performed as required and has been accepted by the Anchor Operating Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Operating Tenant have has already been received by the Anchor Operating Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Operating Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryOther than the Operating Sublease, except as set forth on Schedule IV, the Anchor Operating Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised therebyby the Operating Lease. Operating Tenant does not hold its leased premises under sublease, nor does anyone except the Anchor Operating Tenant and/or Operating Subtenant and its employees occupy such leased premises. Except as set forth on Schedule IVPrior to the Permitted Defeasance Date, The Anchor Operating Tenant does not have a has no right or option pursuant to the Anchor Tenant Operating Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except Operating Tenant under the Operating Lease has no right or option for additional space in the Improvements. To Borrower’s knowledge and except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledgeReports, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, Hazardous Materials have been disposed, stored or treated by Anchor Operating Tenant under the Operating Lease on or about the leased premises nor does Borrower have any knowledge of Anchor the Operating Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or wasteHazardous Materials, except in either event, those that are both (i) in compliance with current Environmental Laws and with permits issued pursuant thereto (if such permits are required), and (ii) either (A) in amounts not in excess of that necessary to operate, clean, repair and maintain the applicable federalIndividual Property or Operating Tenant’s business at such Individual Property as set forth in the Operating Lease, state (B) held by Operating Tenant for sale to the public in its ordinary course of business, or local statues, rules (C) fully disclosed to and regulationsapproved by Lender in writing pursuant to the Environmental Reports.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as SCHEDULE IV hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No To the best of Borrower's knowledge after due inquiry, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s 's knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower's knowledge after due inquiry, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge's knowledge after due inquiry, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by such tenant To the Anchor Tenant. There best of Borrower's knowledge after due inquiry, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s 's knowledge after inquiry, except as set forth on Schedule SCHEDULE IV, the Anchor Tenant no tenant listed on SCHEDULE IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE IV, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE IV. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property None of the Properties is not subject to any Leases Lease, other than the Anchor Tenant Lease (Leases set forth on Schedule 4.1.26 hereto. With respect to each Property, the Borrower that owns the Property also is the owner and subleases permitted under lessor of all of the Anchor Tenant Lease)landlord’s interest in each of the Leases at that Property. No Person has any possessory interest in the any Property or right to occupy the same except under and pursuant to the provisions of one of the Anchor Tenant LeaseLeases or a sublease, license, assignment or occupancy agreement thereunder. The Anchor Tenant Lease Each of the current Leases is in full force and effect and and, to each Borrower’s knowledge after inquiryknowledge, there are no defaults thereunder by either any party thereto and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to the Agent are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by any Borrower prior to the date hereof under the Anchor Tenant each Lease has been performed as required in such Lease and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements abatements, except as expressly set forth in such Leases, required to be given by any Borrower to any Tenant prior to the Anchor Tenant have date hereof has already been received by such Tenant. No Tenant under any Lease has assigned its Lease or sublet all or any portion of the Anchor Tenantpremises demised thereby. No Tenant holds its leased premises under assignment, nor, to each Borrower’s knowledge, does anyone except such Tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of any Property of which the leased premises are a part. No Tenant under any Lease has any right or option for additional space in any Improvements. Each Borrower is in compliance with all Legal Requirements relating to security deposits. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the any Rents to be received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed thereunder that remains in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationseffect.

Leases. The Property is Properties are not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule II and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)date hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s actual knowledge after inquiryand except as may be disclosed in any tenant estoppel certificates delivered to Lender, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. All security deposits are held by Borrower in accordance with applicable law. To best of Borrower’s knowledgeactual knowledge and except as may be disclosed in any tenant estoppel certificates delivered to Lender, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable Tenant , and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignmentassignment (other than to Borrower), hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein (other than sales, transfers, assignments, hypothecations or pledges which is outstandingmay have been made by the Tenants under the Leases). To Borrower’s actual knowledge after inquiry, and except as set forth indicated on Schedule IVII, the Anchor no Tenant listed on Schedule II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth listed on Schedule IVVII hereof, The Anchor no Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant DynCorp Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryExcept for a sublease for approximately 1,000 square feet at the Property entered into by and between DynCorp, except as set forth on Schedule IVsublessor, the Anchor Tenant and Xxxxxx and Xxxxxxx Xxx, DBA Centre Convenience, as sublessee, (i) DynCorp has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby and (ii) no one, nor does anyone except the Anchor Tenant DynCorp and its such sublessee and their respective employees occupy occupies such leased premises. Except as set forth on Schedule IV, The Anchor Tenant DynCorp does not have hold its leased premises under assignment or sublease. No Tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements. Borrower is not currently in connection herewith, to Borrower’s actual knowledge, no hazardous wastes discussions or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, negotations (directly or indirectly) with DynCorp with respect to any material modification of the Lease, involves including, without limitation, any reduction in the use, generation, treatment, storage, disposal rent or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe term thereof.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry's knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all Alt work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements except as set forth in connection herewith, to Borrower’s actual knowledge, no SCHEDULE II. No hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Walgreens Lease. Borrower has delivered to Lender a true, correct and subleases permitted under complete copy of the Anchor Tenant Walgreens Lease). Borrower is the owner and lessor of landlord’s interest in the Walgreens Lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Walgreens Lease. The Anchor Tenant Walgreens Lease is in full force and effect and effect, and, to Borrower’s knowledge after due inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant Walgreens Lease has been performed as required and has been accepted by the Anchor TenantWalgreens, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have Walgreens has already been received by the Anchor TenantWalgreens. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Walgreens Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after due inquiry, except as set forth on Schedule IV, the Anchor Tenant Walgreens has not assigned the Anchor Tenant Walgreens Lease or sublet all or any portion of the premises demised thereby, Walgreens does not hold its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant Walgreens (including any subtenants permitted under its Lease) and its employees occupy such leased premises, other than licensees, concessionaires and similar occupants as permitted under the Walgreens Lease. Except as set forth on Schedule IV, The Anchor Tenant Walgreens does not have a right or option pursuant to the Anchor Tenant Walgreens Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed Walgreens does not have any right or option for additional existing space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the Rent Roll attached as Schedule II hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiryKnowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryKnowledge, except as set forth on Schedule IVII, the Anchor Tenant no tenant listed on Schedule II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule II, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower’s knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The rent roll attached hereto as Schedule I is true, complete and correct and the Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule I. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Leases identified on Schedule I are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party beyond any applicable notice or cure period, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. The copies of the Leases delivered to Lender are true and complete, and there are no oral agreements with respect thereto. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (except for Rents received under the City of Atlanta Lease, which Rent is paid to Borrower on an annual basis). To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any . Any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by such Tenant. The Tenants under the Anchor TenantLeases have accepted possession of and are in occupancy of all of their respective demised Property and have commenced the payment of full, unabated rent under the Leases. Borrower has delivered to Lender a true, correct and complete list of all security deposits made by Tenants at the Property which have not been applied (including accrued interest thereon), all of which are held by Borrower in accordance with the terms of the applicable Lease and applicable Legal Requirements. Each Tenant under a Major Lease is free from bankruptcy or reorganization proceedings. No Tenant under any Lease (or any sublease) is an Affiliate of Borrower. The Tenants under the Leases are open for business and paying full, unabated rent. There are no brokerage fees or commissions due and payable in connection with the leasing of space at the Property, except as has been previously disclosed to Lender in writing, and no such fees or commissions will become due and payable in the future in connection with the Leases, including by reason of any extension of such Lease or expansion of the space leased thereunder, except as has previously been disclosed to Lender in writing. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The As of April 30, 1998, the Property is was not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under Leases described in the Anchor Tenant Lease)lease rent rolls delivered to Lender; however, Borrower may have entered into additional leases after April 30, 1998, which leases conform to the standard forms of leases delivered to Lender. No Person person has any possessory interest in any of the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is To Borrower's best knowledge, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (except for Individual Property located in the State of Massachusetts, in which case the pertinent Borrower has obtained the last month's rent in lieu of security deposits). To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry's best knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to To Borrower’s actual 's best knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is Individual Properties are not subject to any Leases leases, licenses, or other possessory interests other than the Anchor Tenant Lease (Qualified Leases. Borrower or the relevant Obligor is the owner and subleases permitted under lessor of landlord's interest in the Anchor Tenant Lease)Qualified Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseQualified Leases. The Anchor Tenant Lease is Qualified Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no material defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Qualified Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Qualified Lease or of the Rents received therein which is outstandingtherein. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant No tenant under a Qualified Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no tenant under a Qualified Lease or such other tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant related tenant under a Qualified Lease or such other tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Qualified Lease has a right or option pursuant to the Anchor Tenant Lease such lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No tenant under any Qualified Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Improvements. To the best knowledge of Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to Mortgagor shall observe and perform all the obligations imposed upon the Mortgagor under any Leases other than lease of the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Real Property or right any portion thereof, and shall not do or permit to occupy be done anything which would impair the same except under and pursuant security of any such lease to the provisions Mortgagee, nor cancel or change any terms, conditions or covenants of any lease of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiryReal Property or any portion thereof without the prior written consent of the Mortgagee, there are no defaults thereunder by either party and there are no conditions that, with the passage nor execute any lease providing for payment of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid rent for more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised therebyadvance, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase receive rent from any tenant of all or any part of the leased premises Real Property for more than one month in advance without the prior written consent of the Mortgagee. The Mortgagor agrees to hold in trust for the benefit of the Mortgagee any such advance rent in excess of one month received by the Mortgagor. The Mortgagor agrees to send to the Mortgagee any notice of default given by the Mortgagor to any lessee or occupant of the building Real Property and any notices of default received by the Mortgagor from any tenant or other occupant of the Real Property, and to give prompt written notice to the Mortgagee of any material default on the part of any tenant or other occupant of the Real Property, whether or not the Mortgagor has given notice of such condition to the tenant or occupant in default. No tenant under any lease of the Real Property which is subordinate to this Mortgage shall be entitled to terminate such tenant’s lease without giving the leased premises are Mortgagee written notice of the Mortgagor’s default under such lease and, if Mortgagor fails to cure any default within the applicable grace period, if any, contained in said lease, giving Mortgagee an additional reasonable period of time to cure such default. In no event shall the Mortgagee have any liability to any tenant or occupant for any default by Mortgagor or for the return of any security deposit given to the Mortgagor and in no event shall the Mortgagee be subject to any setoff, defense or claim which any tenant or occupant may have against the Mortgagor. Any tenant or occupant of the Real Property shall, promptly after receipt of a partrequest from the Mortgagee made at any time prior to foreclosure of this Mortgage, execute, acknowledge and deliver to the Mortgagee such instrument as the Mortgagee may reasonably request agreeing to attorn to the Mortgagee, at the election of the Mortgagee, after the foreclosure of this Mortgage. Except as disclosed The Mortgagee shall have the right to subordinate this Mortgage and its rights hereunder to any lease of the Real Property or any portion thereof which is subordinate to this Mortgage, except that the Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee’s rights to insurance proceeds and eminent domain awards in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes event of a loss or toxic substances, as defined by applicable federal, state casualty or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about eminent domain taking of the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product Mortgaged Property or any toxic portion thereof. If the Mortgagee executes and records an instrument which purports to effect a partial or hazardous chemicalcomplete subordination of this Mortgage to any lease which is subordinate to this Mortgage, materialsuch lease shall not be terminated by a foreclosure of this Mortgage, substance but any rights of the Mortgagee to insurance proceeds or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationseminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of the tenant under such lease.

Leases. The Property is To Borrower's Knowledge, the Properties are not subject to any Leases leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under made a part hereof. Borrower is the Anchor Tenant Lease)owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and and, to Borrower’s knowledge after inquiry's Knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's Knowledge, except as set forth on Schedule IVSCHEDULE II, the Anchor Tenant no tenant listed on SCHEDULE II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Improvements. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is Properties are not subject to any Leases other than the Anchor Tenant Lease Leases described in the rent roll attached hereto as Schedule II and made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Closing Date. The copies of the Leases and any related guaranty (including all amendments thereto) delivered to Lender are accurate, true and subleases permitted under complete, and there are no oral agreements with respect thereto. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases or subleases permitted thereunder. The Anchor Tenant Lease is current Leases are in full force and effect and Landlord has not delivered notice of default to Borrower’s knowledge after inquiry, there are no defaults any Tenant that remains outstanding beyond the expiration of all notice and cure periods thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunderparty. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate other than first month’s Rent and any security deposit. To best of Borrower’s knowledgeAll security deposits are held by Borrower in accordance with applicable law. Except for any tenant improvement, rent concessions, rebates, leasing commissions or other payments, credits, allowances or abatements previously disclosed to Lender in writing, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge by Borrower of the Anchor Tenant Borrower’s interest in any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry, except Except as set forth on Schedule IVXVI, the Anchor no Tenant listed on Schedule II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, and no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property (a) Section 4.9(a) of the Disclosure Schedule sets forth a true, correct and complete list of all leases, subleases, licenses or other agreements (the “Leases”) for the use and occupancy of real property to which any Seller Entity is not subject to any Leases other than a party (the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease“Leased Real Property”). No Person has any possessory interest True, correct and complete copies of all Leases and all amendments, modifications and supplemental agreements thereto have previously been delivered to Parent. The term and rentals of each Lease are accurately set forth therein. The Leases are in full force and effect, and are binding and enforceable against each Seller Entity and, to the knowledge of the Seller, each of the parties thereto, in accordance with their respective terms and, except as set forth on Section 4.9(a) of the Disclosure Schedule, have not been modified or amended. The Seller Entities have accepted possession of the Leased Real Property or right to occupy the same except under and demised pursuant to the provisions Leases and are in actual possession thereof and have not sublet, assigned, encumbered or hypothecated their leasehold interest or granted any right of occupancy, possession or enjoyment of any of the Anchor Tenant Leased Real Property to any other Person. Except as set forth in Section 4.9(a) of the Disclosure Schedule, no Seller Entity is obligated to pay any leasing or brokerage commission relating to any Lease that has not already been paid and none will have any obligation to pay any leasing or brokerage commission upon the renewal of any Lease. The Anchor Tenant No construction, alteration or other leasehold improvement work required by any of the Leases remains to be paid for or to be performed by any Seller Entity. No Seller Entity has any obligation to provide any deposits, letters of credit or other credit enhancements to retain its rights under any Lease (except as otherwise provided in such Lease) or otherwise operate its business at the applicable Leased Real Property. (b) Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. Each Seller Entity enjoys peaceful and undisturbed possession of the Leased Real Property sufficient for current use and operations. To Seller’s Knowledge, (i) there are no material eminent domain, condemnation or other similar proceedings pending or threatened against any Seller Entity or otherwise affecting any portion of the Leased Real Property, and, no Seller Entity has received any notice of the same, (ii) the current use of the Leased Real Property in the conduct of the Business does not violate any instrument of record or agreement affecting the Leased Real Property, and there is no violation of any covenant, condition, restriction, easement or order of any Governmental Authority having jurisdiction over the Leased Real Property, or the use or occupancy thereof, except for such violations as would not materially interfere with the continued use and operations of the Leased Real Property to which they relate or materially adversely affect the value thereof for its current use, (iii) the Leased Real Property is in material compliance with all applicable building, zoning, subdivision, health and safety and other land use and similar applicable laws, rules and regulations affecting the Leased Real Property, and no Seller Entity has received any notice of any material violation or claimed material violation by any of them of any such laws, rules and regulations with respect to the Leased Real Property which have not been resolved, (iv) there are no proposed special assessments, or proposed material changes in property tax or land use or other Laws affecting the Leased Real Property, (v) there is no pending or threatened litigation, investigation or other proceeding that would interfere with the use or quiet enjoyment of the Leased Real Property by a Seller Entity prior to or after the Closing, (vi) all Permits required in connection with the operation of the Leased Real Property and all improvements thereon and the conduct of the Business thereon have been duly obtained, are in full force and effect and no proceedings are pending or threatened which could lead to Borrower’s knowledge after inquirya revocation or other impairment of any thereof, there (vii) the water, gas, electricity and other utilities serving the Leased Real Property are no defaults thereunder by either party and there are no conditions that, with adequate to service the passage normal operations of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under applicable Seller Entity at the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor TenantLeased Real Property, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or (viii) the building of which and other improvements at the leased premises Leased Real Property are a part. Except as disclosed structurally sound and the systems located therein are in the Environmental Report delivered to Lender good working order and condition in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsall material respects.

Leases. The Borrower has delivered to the Agent true copies of the leases and any amendments thereto relating to each Subject Property and each property which is not subject encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents. An accurate and complete Rent Roll as of the date of inclusion of Equity Interests relating to each Subject Property in the Collateral with respect to all leases of any portion of the Subject Property has been provided to the Agent. The leases reflected on such Rent Roll constitute as of the date thereof the sole agreements relating to leasing or licensing of space at such property and in the Building relating thereto. Except as specifically described in the Tenant Estoppel Certificate relating to the lease applicable to each Subject Property and each property which is encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value required on the date of submission to be delivered as a part of the Eligible Real Estate Qualification Documents (and which estoppel is approved by Agent): (i) no tenant under any such lease is entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent payments, credit, offset or deduction in rent, including, without limitation, lease support payments or lease buy-outs, and (ii) each of such Leases is in full force and effect in accordance with their respective terms, without any payment default or any other material default thereunder, nor are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant thereunder. Neither the Borrower nor any Guarantor has given or made, any notice of any payment or other paymentsmaterial default, creditsor any claim, allowances which remains uncured or abatements required unsatisfied, with respect to be given by Borrower any of the leases, and to the Anchor Tenant have already been received best of the knowledge and belief of the Borrower and the Subsidiary Guarantors, there is no basis for any such claim or notice of default by any tenant. No property other than the Subject Property or the real estate encumbered by an Eligible Note Receivable included in the calculation of the Borrowing Base Value, which is the subject of the applicable lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such lease, other than appurtenant rights and interests insured by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrowerowner’s knowledge after inquiry, except title insurance policy delivered as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsEligible Real Estate Qualification Documents.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease Leases described in the rent roll attached hereto as Schedule I and made a part hereof (the “Rent Roll”), which Rent Roll is true, complete and subleases permitted under accurate in all material respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is Except as disclosed in the Rent Roll, the current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and and, to Borrower’s actual knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Not more than five percent (5%) of annual Rent (including security deposits) for all of the Property in the aggregate has been paid more than one (1) month in advance of its due datedate (other than security deposits). To best of Borrower’s knowledge, all work to be performed All security deposits are held by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenantin accordance with applicable law. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryactual knowledge, except as set forth no Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property Schedule 4.12 sets forth a complete and accurate list of all real property Leases to which Seller is not subject a party. Schedule 4.12 lists the location of all of the leased premises (the "Leased Premises"), the dates of the Leases and any and all amendments thereto, and sets forth the address of the property, name of the landlord, term of the lease, monthly rent and a description of any adjustment methodology and the times applicable, the number and length of any options to extend or renew, and whether there is an option to purchase and the purchase price therefore with respect to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease)lease. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions Each of the Anchor Tenant Lease. The Anchor Tenant Lease Leases is valid, binding and enforceable against Seller in accordance with its terms and is in full force and effect and to Borrower’s knowledge after inquiry, effect; there are no existing defaults thereunder by either on the part of Seller or any other party under any Lease; and there are no each such Lease will, subject to obtaining any consent listed in Schedule 4.12, continue to be in full force and effect on the same terms and conditions thatimmediately after the Closing without the need for any action on the part of Buyer. Seller's interest in each of the Leases is free and clear of all liens. Seller has not granted to any Person any right to the possession, with use, occupancy or enjoyment of the passage Leased Premises; and Seller lawfully maintains actual and exclusive possession of time or all portions of the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due dateLeased Premises. To the best knowledge of Borrower’s knowledgeSeller, all work to be performed by Borrower under there is not now pending or contemplated any reassessment on real estate taxes or otherwise of any parcel included in the Anchor Tenant Lease has been performed as required and has been accepted by Leased Premises which would result in an increase of the Anchor Tenant, and any payments, free rent, partial rent, rebate of additional rent or other payments, credits, allowances or abatements required to be given sums and charges payable by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Seller under any Lease or of the Rents received therein which is outstandingpertaining to any Leased Premises. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant Seller has not assigned the Anchor Tenant Lease received notice of any breach or sublet all violation of any covenant, condition, restriction, right of way or easement, or any portion of condemnation or eminent domain proceeding affecting the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease to purchase all Leased Premises or any part thereof. To the best knowledge of Seller, all buildings, structures and other improvements included within the leased premises or Leased Premises, including but not limited to the building roofs and structural elements thereof and the heating, ventilation, air conditioning, plumbing, electrical, mechanical, sewer, waste water, storm water, paving and parking equipment, systems and facilities included therein, are in good working order and repair for their type and age, normal wear and tear excepted. To the best knowledge of which Seller, the leased premises water, gas, electrical, steam, compressed air, telecommunication, sanitary and storm sewage lines and systems and other similar systems serving the Leased Premises are a part. Except as disclosed sufficient to enable the Leased Premises to continue to be used and operated in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules manner currently being used and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsoperated.

Leases. The Each Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described in Schedule II attached hereto; Schedule II affixed hereto is a true correct and subleases permitted under complete rent roll for the Anchor Tenant Lease)Property. Each Borrower, as applicable, is the owner and lessor of landlord's interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases (or subleases disclosed in Schedule IV). The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date, except as disclosed in Schedule IV. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant, except as disclosed in Schedule IV. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant IV has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except , except in each case as set forth on disclosed in Schedule IV, The Anchor Tenant does not have . No tenant under any Lease (including any sublease) has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except No tenant under any Lease has any right or option for additional space in the Improvements, except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsSchedule IV.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all material respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and except as may be disclosed on tenant estoppels delivered to Borrower’s knowledge after inquiryLender, there are no defaults by Borrower thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults by Borrower thereunder, and to the best of Borrower’s knowledge after due inquiry, there are no defaults thereunder by any Tenant, and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults by any Tenant thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledgeAll security deposits are held by Borrower in accordance with applicable law. Except as may be disclosed on tenant estoppels delivered to Lender, all work to be performed by Borrower landlord under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower landlord to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth No Tenant listed on Schedule IV, the Anchor Tenant I has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or 42 0107842.0726822 4821-7262-8396v10 otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered Improvements. FedEx has no claim against Borrower and no offset or defense to Lender in connection herewith, enforcement of any of the terms of the FedEx Lease. All improvements required to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined be completed by applicable federal, state or local statutes, rules and regulations, Borrower under the FedEx Lease have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does completed and there are no sums due to FedEx from Borrower and no allowances from Borrower to FedEx that have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsnot been paid.

Leases. The Property is Properties are not subject to any Leases in excess of three thousand (3,000) square feet other than (a) the Anchor Tenant Lease Leases described in Schedule II attached hereto and made a part hereof, and (b) the Operating Leases. Borrower is the owner and subleases permitted under lessor of landlord’s interest in the Anchor Tenant Lease)Operating Leases and Operating Lessee is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To the best of Borrower’s knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be performed by Borrower or Operating Lessee under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower or Operating Lessee to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstandingstill in effect. To the best of Borrower’s knowledge after inquiryknowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed in To the Environmental Report delivered to Lender in connection herewith, to best of Borrower’s actual knowledge, no hazardous wastes tenant under any Lease has any right or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about option for additional space in the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (WaMu Leases and the subleases permitted under thereunder described in Schedule II attached hereto. Borrower is the Anchor Tenant Lease)owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is WaMu Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each WaMu Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any WaMu Lease or of the Rents received therein which is outstandingstill in effect. To Borrower’s knowledge after inquiryknowledge, except as set forth on Schedule IV, the Anchor Tenant no tenant under a WaMu Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises, except in each case as disclosed in Schedule II. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease (including any sublease) has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed With the exception of any expansion rights under any of the subleases identified in Schedule II, no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease Leases described on the Rent Roll attached as Schedule V hereto and made a part hereof (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IVV, the Anchor Tenant no tenant listed on Schedule V has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in Schedule V, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in Schedule V. To Borrower’s actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenantany tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The An accurate and complete Rent Roll as of the date of inclusion of each Unencumbered Asset Pool Property in the Unencumbered Asset Pool with respect to all Leases of any portion of the Unencumbered Asset Pool Properties has been provided to the Agent. As of the date of delivery of such Rent Roll upon inclusion of a Unencumbered Asset Pool Property in the Unencumbered Asset Pool, no tenant or licensee under any Lease is not subject entitled to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all work to be performed by Borrower under the Anchor Tenant Lease has been performed as required and has been accepted by the Anchor Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, creditscredit, allowances offset or abatements required to be given by Borrower to the Anchor Tenant have already been received by the Anchor Tenant. There has been no prior salededuction in rent, transfer including, without limitation, lease support payments or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquirylease buy-outs, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy reflected in such leased premisesRent Roll. Except as set forth on in Schedule IV6.22, The Anchor Tenant does not have a right the Leases of any portion of the Unencumbered Asset Pool are, as of the date of inclusion of the applicable Unencumbered Asset Pool Property in the Unencumbered Asset Pool, in full force and effect in accordance with their respective terms, without any payment default or option pursuant to the Anchor Tenant Lease knowledge of the Borrower and the Guarantors any other material default thereunder, nor to purchase all the knowledge of the Borrower and the Guarantors are there any defenses, counterclaims, offsets, concessions or rebates available to any tenant or licensee thereunder, and except as reflected in Schedule 6.22, the Borrower has not given or made, any notice of any payment or other material default, or any part claim, which remains uncured or unsatisfied, with respect to any of the leased premises Leases, and to the knowledge of the Borrower and the Guarantors there is no basis for any such claim or notice of material default by tenant or licensee. No property other than the building Unencumbered Asset Pool Property which is the subject of which the leased premises are applicable Lease is necessary to comply with the requirements (including, without limitation, parking requirements) contained in such Lease. The Borrower or a part. Except as disclosed Subsidiary Guarantor is the holder of the lessor’s, landlord’s or licensor’s interest in and to all of the Leases of the Unencumbered Asset Pool Properties owned by it, except that both a Subsidiary Guarantor and Borrower hold the lessor’s, landlord’s or licensor’s interests in the Environmental Report delivered to Lender agreements described in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge definition of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except “Nokia Agreement” in either event, in compliance with applicable federal, state or local statues, rules and regulations§1.1.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (Leases described on the Rent Roll attached as SCHEDULE II hereto and subleases permitted under the Anchor Tenant Lease)made a part hereof. No To Borrower's knowledge, no Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Lease is current Leases are in full force and effect and to Borrower’s knowledge after inquiryBorrowers knowledge, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No To Borrower's knowledge, no Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s 's knowledge, all work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor Tenantapplicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have any tenant has already been received by the Anchor Tenantsuch tenant. There To Borrower's knowledge, there has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry's knowledge, except as set forth no tenant listed on Schedule IV, the Anchor Tenant SCHEDULE II has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor Tenant such tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor Tenant does not have No tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed set forth in SCHEDULE II, no tenant under any Lease has any right or option for additional space in the Improvements except as set forth in SCHEDULE II. To Borrower's actual knowledge based on the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant any tenant under any Lease on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s any tenant's intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations.

Leases. The Property is not subject to any Leases leases other than the Anchor Tenant Lease (Leases described in the rent roll attached hereto as Schedule I and subleases permitted under made a part hereof, which rent roll is true, complete and accurate in all respects as of the Anchor Tenant Lease)Closing Date. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLeases. The Anchor Tenant Mercedes-Benz Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All security deposits are held by Borrower in accordance with applicable law. All work to be performed by Borrower under the Anchor Tenant each Lease has been performed as required and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant Mercedes-Benz has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised therebythereby and no one, nor does anyone except the Anchor Tenant Mercedes-Benz and its respective employees occupy occupies such leased premises. Except as set forth on Schedule IV, The Anchor Tenant Mercedes-Benz does not have hold its leased premises under assignment or sublease. No Tenant under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed No Tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender Improvements. Borrower is not currently in connection herewith, to Borrower’s actual knowledge, no hazardous wastes discussions or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, negotations (directly or indirectly) with Mercedes-Benz with respect to any material modification of the Lease, involves including, without limitation, any reduction in the use, generation, treatment, storage, disposal rent or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsthe term thereof.

Leases. The To Borrower’s knowledge, no Individual Property is not subject to any Leases Material Lease other than the Anchor Tenant Lease Material Lease(s) described on Schedule 5.1.21 attached hereto and made a part hereof and, to Borrower’s knowledge, each rent roll with respect to an Individual Property attached hereto as Schedule 4.1.26 is true, complete and accurate in all material respects as of the Closing Date. Each Individual Borrower or the corresponding Individual Operating Lessee is the owner and lessor of landlord’s interest in the Leases with respect to the applicable Individual Property. To Borrower’s knowledge, (i) with the exception of hotel guests and subleases permitted under the Anchor Tenant Lease). No patrons, no Person has any possessory interest in the any Individual Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant Lease. The Anchor Tenant Lease is Leases, (ii) the current Material Leases are in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by Borrower has not received or delivered written notice that either party is in default under a Material Lease except for (A) defaults which have been cured and there are no conditions that(B) defaults that do not, with in the passage of time aggregate for any Individual Property, have an Individual Material Adverse Effect on such Individual Property or the giving of notice, or both, would constitute defaults thereundersuch Individual Borrower. No Rent (including security deposits) has been paid more than one (1) month in advance of its due datedate (except with respect to provision of rooms and banquet and meeting space and services in the ordinary course of business). To best of Borrower’s knowledge, all All work to be performed by the applicable Individual Borrower under the Anchor Tenant each Material Lease has been performed as required in all material respects and has been accepted by the Anchor applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by the applicable Individual Borrower to the Anchor any Tenant have has already been received by the Anchor such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiryknowledge, except as set forth described on Schedule IV4.1.26, the Anchor no Tenant under a Material Lease has not assigned the Anchor Tenant its Lease or sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment or sublease, nor does anyone except the Anchor such Tenant and its employees occupy such leased premises. Except as set forth on Schedule IV, The Anchor No Tenant does not have under any Lease has a right or option pursuant to the Anchor Tenant such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed part and no tenant under any Lease has any right or option for additional space in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulationsImprovements.

Leases. The Property is not subject to any Leases other than the Anchor Tenant Lease (and subleases permitted under the Anchor Tenant Lease) and the other Leases identified on Schedule II hereof (the “Other Leases”) (with respect to which Borrower has assigned to Anchor Tenant the right to collect and retain all rent thereunder). No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Anchor Tenant LeaseLease and the Other Leases. The Anchor Tenant Lease is in full force and effect and to Borrower’s knowledge after inquiry, there are no defaults thereunder by either party and there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To best of Borrower’s knowledge, all All work to be performed by Borrower under the Anchor Tenant Lease and each Other Lease has been performed as required and has been accepted by the Anchor Tenant or any other applicable Tenant, and any payments, free rent, partial rent, . rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to the Anchor Tenant have has already been received by the Anchor Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of the Anchor Tenant any Lease or of the Rents received therein which is outstanding. To Borrower’s knowledge after inquiry, except as set forth on Schedule IV, the Anchor Tenant has not assigned the Anchor Tenant Lease or sublet all or any portion of the premises demised thereby, nor does anyone except the Anchor Tenant and its employees occupy such leased premisespremises (other than the tenants under the Other Leases). Except as set forth on Schedule IV, The Anchor Tenant does not have a right or option pursuant to the Anchor Tenant Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a partpart other than the right of first refusal described in Article 4 of the Anchor Tenant Lease. Except as disclosed in the Environmental Report delivered to Lender in connection herewith, to Borrower’s actual knowledge, no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by Anchor Tenant on or about the leased premises nor does Borrower have any knowledge of Anchor Tenant’s intention to use its leased premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste, except in either event, in compliance with applicable federal, state or local statues, rules and regulations. The guaranty of the Anchor Tenant Lease executed by Anchor Lease Guarantor is in full force and effect.