Common use of Prohibited Person Compliance Clause in Contracts

Prohibited Person Compliance. Mortgagor warrants, represents, and covenants that neither Mortgagor, any guarantor, nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to or is otherwise subject to the provisions of Executive Order 13,224, issued on September 24, 2001 (EO13224); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s (OFAC) most current list of “Specially Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web site, xxx.xxxxx.xxx/xxxx/x00xxx.xxx); (iii) who commits, threatens to commit, or supports “terrorism,” as that term is defined in EO13224; or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i - iv are herein referred to as a Prohibited Person). Mortgagor covenants and agrees that neither Mortgagor, nor any guarantor nor any of their respective affiliated entities, will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in EO13,224. Mortgagor further covenants and agrees to deliver (from time to time) to Mortgagee any such certification or other evidence as may be requested by Mortgagee in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, (i) neither Mortgagor nor any guarantor is a Prohibited Person and (ii) neither Mortgagor nor any guarantor has engaged in any business, transaction, or dealings with a Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor Borrower warrants, represents, represents and covenants that neither Mortgagor, Borrower nor any guarantor, Obligor nor any of their respective affiliated entities Affiliates is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 2420, 2001 0000 (EO13224“XX00000”); , (iixx) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:wxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; EO 13224, or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i - iv [i] — [iv] above are herein referred to as a “Prohibited Person”). Mortgagor Borrower covenants and agrees that neither MortgagorBorrower, nor any guarantor Obligor nor any of their respective affiliated entities, Affiliates will knowingly (i) knowingly conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor Borrower further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor Borrower nor any guarantor Obligor has knowingly engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor Borrower warrants, represents, represents and covenants that neither Mortgagor, Borrower nor any guarantor, Obligor nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 2400, 2001 0000 (EO13224“XX00000”); , (iixx) whose name appears on the United States Treasury Department’s 's Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:xxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; EO 13224, or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i [i] - iv [iv] above are herein referred to as a “Prohibited Person”). Mortgagor Borrower covenants and agrees that neither MortgagorBorrower, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor Borrower further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person. The representations and warranties in this Section regarding the current status of the Borrower and any Obligor are given to the Borrower’s actual knowledge.

Prohibited Person Compliance. Mortgagor Borrower warrants, represents, represents and covenants that neither Mortgagor, Borrower nor any guarantor, Obligor nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (“EO13224”); , (ii) whose name appears on the United States Treasury Department’s 's Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:wxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; EO 13224, or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i [i] - iv [iv] above are herein referred to as a “Prohibited Person”). Mortgagor Borrower covenants and agrees that neither MortgagorBxxxxxxx, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor Borrower further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person. The representations and warranties in this Section regarding the current status of the Borrower and any Obligor are given to the Borrower’s actual knowledge.

Prohibited Person Compliance. Mortgagor Borrower warrants, represents, represents and covenants that neither MortgagorBorrower, any guarantor, Guarantor nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of Executive Order 13,224, 13224 issued on September 24, 2001 ("EO13224"); , (ii) whose name appears on the United States Treasury Department’s 's Office of Foreign Assets Control’s Control ("OFAC") most current list of “"Specially Designated National Nationals and Blocked Persons,” " (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:xxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “"terrorism,” ", as that term is defined in EO13224; , or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i SUBPARTS (I) - iv (IV) above are herein referred to as a Prohibited Person"PROHIBITED PERSON"). Mortgagor Borrower covenants and agrees that neither MortgagorBorrower, nor any guarantor Guarantor nor any of their respective affiliated entities, entities will knowingly (iA) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person; , or (iiB) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor Borrower further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (ix) neither Mortgagor Borrower nor any guarantor Guarantor is a Prohibited Person Person, and (iiy) neither Mortgagor Borrower nor any guarantor Guarantor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor For purposes of this paragraph, “Debtor Entity” means Trustor, any guarantor of the Loan, and any indemnitor under the Environmental Indemnity. Trustor warrants, represents, represents and covenants that neither Mortgagor, any guarantor, nor any of their respective affiliated entities no Debtor Entity is or will be an entity or person a Person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (EO13224“EO 13224”); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums mediums, including, but not limited to, the OFAC Web site, xxx.xxxxx.xxx/xxxx/x00xxx.xxxwebsite (hxxx://xxx.xxxxxxxx.xxx/xxxx); (iii) who commits, threatens to commit, commit or supports “terrorism,” as that term is defined in EO13224EO 13224; or (iv) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i - iv (i)-(iv) above are herein referred to as a “Prohibited Person”). Mortgagor Trustor covenants and agrees that neither Mortgagor, nor any guarantor nor any of their respective affiliated entities, no Debtor Entity will knowingly (iA) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person; , or (iiB) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO 13224. Mortgagor Upon Lxxxxx’s request, Trustor further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lxxxxx in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, (i) neither Mortgagor nor any guarantor that no Debtor Entity is a Prohibited Person or has taken any action described in subparts (A) and (iiB) neither Mortgagor nor any guarantor has engaged in any business, transaction, or dealings with a Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Personabove.

Prohibited Person Compliance. Mortgagor Borrower warrants, represents, represents and covenants that neither Mortgagor, Borrower nor any guarantor, Guarantor nor any of their respective affiliated entities Affiliates is or will be an entity or person a Person (ia) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (“EO13224”); , (iib) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:wxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iiic) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; , or (ivd) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i [a] - iv [d] above are herein referred to as a “Prohibited Person”). Mortgagor Borrower covenants and agrees that neither MortgagorBorrower, nor any guarantor Guarantor nor any of their respective affiliated entities, Affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor Borrower further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (iA) neither Mortgagor Borrower nor any guarantor Guarantor is a Prohibited Person and (iiB) neither Mortgagor Borrower nor any guarantor Guarantor has knowingly engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor warrants, represents, and covenants that neither Mortgagor, any guarantor, nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to or is otherwise subject to the provisions of Executive Order 13,224, issued on September 24, 2001 (EO13224); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s (OFAC) most current list of “Specially Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web site, xxx.xxxxx.xxx/xxxx/x00xxx.xxxwxx.xxxxx.xxx/xxxx/x00xxx.xxx); (iii) who commits, threatens to commit, or supports “terrorism,” as that term is defined in EO13224; or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i - — iv are herein referred to as a Prohibited Person). Mortgagor covenants and agrees that neither Mortgagor, nor any guarantor nor any of their respective affiliated entities, will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in EO13,224. Mortgagor further covenants and agrees to deliver (from time to time) to Mortgagee any such certification or other evidence as may be requested by Mortgagee in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, (i) neither Mortgagor nor any guarantor is a Prohibited Person and (ii) neither Mortgagor nor any guarantor has engaged in any business, transaction, or dealings with a Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor warrants, represents, represents and covenants that neither Mortgagor, Mortgagor nor any guarantor, Obligor nor any of their respective affiliated entities Affiliates is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 2420, 2001 0000 (EO13224“XX00000”); , (iixx) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:wxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; EO 13224, or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i - iv [i] — [iv] above are herein referred to as a “Prohibited Person”). Mortgagor covenants and agrees that neither Mortgagor, nor any guarantor Obligor nor any of their respective affiliated entities, Affiliates will knowingly (i) knowingly conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor further covenants and agrees to deliver (from time to time) to Mortgagee Lender any such certification or other evidence as may be requested by Mortgagee Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor nor any guarantor Obligor has knowingly engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor The Borrower warrants, represents, represents and covenants that neither Mortgagor, the Borrower nor any guarantor, Obligor nor any of their respective affiliated entities (defined as a Person owning 10% or more interest in Borrower or Obligor) is or will be an entity or person a Person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (“EO13224”); , (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National Nationals and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxxxxx://xxx.xxxxxxxx.xxx/ofac/downloads/t11sdn.pdf); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; , or (iv) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i - iv (i) – (iv) above are herein referred to as a “Prohibited Person”). Mortgagor The Borrower covenants and agrees that neither Mortgagorthe Borrower, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (iA) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (iiB) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor The Borrower further covenants and agrees to deliver (from time to time) to Mortgagee the Lender any such certification or other evidence as may be requested by Mortgagee the Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (ix) neither Mortgagor the Borrower nor any guarantor Obligor is a Prohibited Person and (iiy) neither Mortgagor the Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. For purposes of this paragraph, “Debtor Entity” means Mortgagor, any guarantor of the Loan, and any indemnitor under the Environmental Indemnity. Mortgagor warrants, represents, represents and covenants that neither Mortgagor, any guarantor, nor any of their respective affiliated entities no Debtor Entity is or will be an entity or person a Person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (EO13224“EO 13224”); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums mediums, including, but not limited to, the OFAC Web site, xxx.xxxxx.xxx/xxxx/x00xxx.xxxwebsite (hxxx://xxx.xxxxxxxx.xxx/xxxx); (iii) who commits, threatens to commit, commit or supports “terrorism,” as that term is defined in EO13224EO 13224; or (iv) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i - iv (i)-(iv) above are herein referred to as a “Prohibited Person”). Mortgagor covenants and agrees that neither Mortgagor, nor any guarantor nor any of their respective affiliated entities, no Debtor Entity will knowingly (iA) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person; , or (iiB) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO 13224. Mortgagor Upon Mortgagee’s request, Mxxxxxxxx further covenants and agrees to deliver (from time to time) to Mortgagee any such certification or other evidence as may be requested by Mortgagee in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, (i) neither Mortgagor nor any guarantor that no Debtor Entity is a Prohibited Person or has taken any action described in subparts (A) and (iiB) neither Mortgagor nor any guarantor has engaged in any business, transaction, or dealings with a Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Personabove.

Prohibited Person Compliance. Mortgagor For purposes of this paragraph, “Debtor Entity” means Grantor, any guarantor of the Loan, and any indemnitor under the Environmental Indemnity. Grantor warrants, represents, represents and covenants that neither Mortgagor, any guarantor, nor any of their respective affiliated entities no Debtor Entity is or will be an entity or person a Person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 24, 2001 (EO13224“EO 13224”); (ii) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National and Blocked Persons,” (which list may be published from time to time in various mediums mediums, including, but not limited to, the OFAC Web site, xxx.xxxxx.xxx/xxxx/x00xxx.xxxwebsite (hxxx://xxx.xxxxxxxx.xxx/xxxx); (iii) who commits, threatens to commit, commit or supports “terrorism,” as that term is defined in EO13224EO 13224; or (iv) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i - iv (i)-(iv) above are herein referred to as a “Prohibited Person”). Mortgagor Grantor covenants and agrees that neither Mortgagor, nor any guarantor nor any of their respective affiliated entities, no Debtor Entity will knowingly (iA) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person; , or (iiB) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO 13224. Mortgagor Upon Beneficiary’s request, Grantor further covenants and agrees to deliver (from time to time) to Mortgagee Beneficiary any such certification or other evidence as may be requested by Mortgagee Beneficiary in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, (i) neither Mortgagor nor any guarantor that no Debtor Entity is a Prohibited Person or has taken any action described in subparts (A) and (iiB) neither Mortgagor nor any guarantor has engaged in any business, transaction, or dealings with a Prohibited Person, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Personabove.

Prohibited Person Compliance. Mortgagor The Borrower warrants, represents, represents and covenants that neither Mortgagor, the Borrower nor any guarantor, Obligor nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of Executive Order 13,224, 13224 issued on September 2400, 2001 0000 (EO13224“X000000”); , (iixx) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National Nationals and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhttp:xxx.xxxxx.xxx/xxxx/xx0xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; EO 13224, or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i - iv [i] — [iv] above are herein referred to as a “Prohibited Person”). Mortgagor The Borrower covenants and agrees that neither Mortgagorthe Borrower, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224E013224. Mortgagor The Borrower further covenants and agrees to deliver (from time to time) to Mortgagee the Lender any such certification or other evidence as may be requested by Mortgagee the Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor the Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor the Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor The Borrower warrants, represents, represents and covenants that neither Mortgagor, the Borrower nor any guarantor, Obligor nor any of their respective affiliated entities is or will be an entity or person a Person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 2420, 2001 0000 (EO13224“XX00000”); , (iixx) whose name appears on the United States Treasury Department’s 's Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National Nationals and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxhxxx://xxx.xxxxxxxx.xxx/xxxx/downloads/sdnlist.pdf); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; , or (iv) who is otherwise affiliated with any entity or person Person listed above (any and all parties or persons Persons described in subparts i - iv (i) – (iv) above are herein referred to as a “Prohibited Person”). Mortgagor The Borrower covenants and agrees that neither Mortgagorthe Borrower, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor The Borrower further covenants and agrees to deliver (from time to time) to Mortgagee the Lender any such certification or other evidence as may be requested by Mortgagee the Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor the Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor the Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.

Prohibited Person Compliance. Mortgagor The Borrower warrants, represents, represents and covenants that neither Mortgagor, the Borrower nor any guarantor, Obligor nor any of their respective affiliated entities is or will be an entity or person (i) that is listed in the Annex to to, or is otherwise subject to the provisions of of, Executive Order 13,224, 13224 issued on September 2400, 2001 0000 (EO13224“XX00000”); , (iixx) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control’s Control (“OFAC”) most current list of “Specially Specifically Designated National Nationals and Blocked Persons,” (which list may be published from time to time in various mediums including, but not limited to, the OFAC Web sitewebsite, xxx.xxxxx.xxx/xxxx/x00xxx.xxxxxxx:xxx.xxxxx.xxx/xxxx/x00xxx.xxx); , (iii) who commits, threatens to commit, commit or supports “terrorism,” ”, as that term is defined in EO13224; , or (iv) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts i [i] - iv [iv] above are herein referred to as a “Prohibited Person”). Mortgagor The Borrower covenants and agrees that neither Mortgagorthe Borrower, nor any guarantor Obligor nor any of their respective affiliated entities, entities will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person; , or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate violate, any of the prohibitions set forth in EO13,224EO13224. Mortgagor The Borrower further covenants and agrees to deliver (from time to time) to Mortgagee the Lender any such certification or other evidence as may be requested by Mortgagee the Lender in its sole and absolute discretion, confirming that, to the best of Mortgagor’s knowledge, that (i) neither Mortgagor the Borrower nor any guarantor Obligor is a Prohibited Person and (ii) neither Mortgagor the Borrower nor any guarantor Obligor has engaged in any business, transaction, transaction or dealings with a Prohibited Person, including including, but not limited to to, the making or receiving of any contribution of funds, goods, or services services, to or for the benefit of a Prohibited Person.. Notwithstanding anything contained in the foregoing to the contrary, any representation in this Section as to AmREIT, Inc., is given solely to Borrower’s actual knowledge, and unless otherwise required by law, Borrower shall have no duty to confirm that any shareholder of AmREIT, Inc., is not a Prohibited Person, except with respect to shareholders owning more than a 10% interest in AmREIT, Inc.