Common use of Property Matters Clause in Contracts

Property Matters. 5.10.1 Except as disclosed on Schedule 5.10, no notices have been received by Kensington-North Dakota from the holder of any of the existing mortgages on the Property or from insurers or governmental authorities requiring any work to be performed with respect to the Property which has not already been performed. 5.10.2 Except as disclosed on Schedule 5.10, the Property and the present use of the Property does not violate any provisions of any applicable zoning ordinances, building codes, fire regulations, or other governmental ordinances, orders, or regulations. 5.10.3 Except as disclosed on Schedule 5.10, there are no hidden structural or mechanical defects in the buildings or improvements located on the Real Estate or any roof or wall leaks, or backed up sewer problems. All improvements on the Real Estate were constructed in accordance with applicable law and substantially in conformity with all plans and specifications pertaining thereto, copies of which have been delivered to or made reasonably available to Karrington. At Closing, Kensington-North Dakota shall assign all of its interest in appliance and equipment manufacturers' warranties, and all other warranties relating to the construction of the improvements on the Real Estate, if any, to the extent assignable. 5.10.4 Except as disclosed in Schedule 2.1.2, there are no leases affecting the Real Estate except for the Resident Agreements. 5.10.5 To the Knowledge of Kensington-North Dakota there is no threatened taking by any governmental authority which would affect, involve or be adverse to the Property. 5.10.6 To the Knowledge of Kensington-North Dakota, except as disclosed in the Environmental Audit, there are no ▇▇▇▇▇, underground or above-ground storage tanks, or individual sewage treatment systems on the Property.

Property Matters. 5.10.1 4.16.1 Except as disclosed on Schedule 5.104.16, no notices have been received by Kensington-North Dakota Rochester from the holder of any of the existing mortgages on the Property or from insurers or governmental authorities requiring any work to be performed with respect to the Property which has not already been performed. 5.10.2 4.16.2 Except as disclosed on Schedule 5.104.16, the Property and the present use of the Property does not violate any provisions of any applicable zoning ordinances, building codes, fire regulations, or other governmental ordinances, orders, or regulations. 5.10.3 4.16.3 Except as disclosed on Schedule 5.104.16, there are no hidden structural or mechanical defects in the buildings or improvements located on the Real Estate or of any roof or wall leaks, or backed up sewer problems. All improvements on the Real Estate were constructed in accordance with applicable law and substantially in conformity with all plans and specifications pertaining thereto, copies of which have been delivered to or made reasonably available to Karrington. At Closing, Kensington-North Dakota Kensington- Rochester shall assign all of its interest in appliance and equipment manufacturers' warranties, and all other warranties relating to the construction of the improvements on the Real Estate, if any, to the extent assignable. 5.10.4 4.16.4 Except as disclosed in Schedule 2.1.2, there are no leases affecting the Real Estate except for the Resident Agreements. 5.10.5 4.16.5 To the Knowledge of Kensington-North Dakota ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ there is no threatened taking by any governmental authority which would affect, involve or be adverse to the Property. 5.10.6 4.16.6 To the Knowledge of Kensington-North Dakota▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, except as disclosed in the Environmental Audit, there are no ▇▇▇▇▇, underground or above-ground storage tanks, or individual sewage treatment systems on the Property.

Property Matters. 5.10.1 Except as disclosed on Schedule 5.10, no notices have been received by Kensington-North Dakota Iowa from the holder of any of the existing mortgages on the Property or from insurers or governmental authorities requiring any work to be performed with respect to the Property which has not already been performed. 5.10.2 Except as disclosed on Schedule 5.10, the Property and the present use of the Property does not violate any provisions of any applicable zoning ordinances, building codes, fire regulations, or other governmental ordinances, orders, or regulations. 5.10.3 Except as disclosed on Schedule 5.10, there are no hidden structural or mechanical defects in the buildings or improvements located on the Real Estate or of any roof or wall leaks, or backed up sewer problems. All improvements on the Real Estate were constructed in accordance with applicable law and substantially in conformity with all plans and specifications pertaining thereto, copies of which have been delivered to or made reasonably available to Karrington. At Closing, Kensington-North Dakota Iowa shall assign all of its interest in appliance and equipment manufacturers' warranties, and all other warranties relating to the construction of the improvements on the Real Estate, if any, to the extent assignable. 5.10.4 Except as disclosed in Schedule 2.1.2, there are no leases affecting the Real Estate except for the Resident Agreements. 5.10.5 To the Knowledge of Kensington-North Dakota Iowa there is no threatened taking by any governmental authority which would affect, involve or be adverse to the Property. 5.10.6 To the Knowledge of Kensington-North DakotaIowa, except as disclosed in the Environmental Audit, there are no ▇▇▇▇▇, underground or above-ground storage tanks, or individual sewage treatment systems on the Property.

Property Matters. 5.10.1 6.9.1 Except as disclosed on Schedule 5.106.9, no notices have been received by Kensington-North Dakota CKMI Partnership from the holder of any of the existing mortgages on the Property or from insurers or governmental authorities requiring any work to be performed with respect to the Property which has not already been performed. 5.10.2 6.9.2 Except as disclosed on Schedule 5.106.9, the Property and the present use of the Property does not violate any provisions of any applicable zoning ordinances, building codes, fire regulations, or other governmental ordinances, orders, or regulations. 5.10.3 6.9.3 Except as disclosed on Schedule 5.106.9, there are no hidden structural or mechanical defects in the buildings or improvements located on the Real Estate or of any roof or wall leaks, or backed up sewer problems. All improvements on the Real Estate were constructed in accordance with applicable law and substantially in conformity with all plans and specifications pertaining thereto, copies of which have been delivered to or made reasonably available to Karrington. At Closing, Kensington-North Dakota CKMI Partnership shall assign all of its interest in appliance and equipment manufacturers' warranties, and all other warranties relating to the construction of the improvements on the Real Estate, if any, to the extent assignable. 5.10.4 6.9.4 Except as disclosed in Schedule 2.1.2, there are no leases affecting the Real Estate except for the Resident Agreements. 5.10.5 6.9.5 To the Knowledge of Kensington-North Dakota ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ there is no threatened taking by any governmental authority which would affect, involve or be adverse to the Property. 5.10.6 6.9.6 To the Knowledge of Kensington-North Dakota▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, except as disclosed in the Environmental Audit, there are no ▇▇▇▇▇, underground or above-ground storage tanks, or individual sewage treatment systems on the Property.