Common use of REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS Clause in Contracts

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 Section 2.01 Representations and Warranties of the Property Manager and the Back-Up Manager 35 Section 2.02 Representations and Warranties of the Issuers 38 Section 2.03 Recordings and Filings; Books and Records 39 Section 2.04 Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 41 Section 2.05 Non-Petition 43 Article III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 Section 3.01 Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 Section 3.02 Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 Section 3.03 Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 Section 3.04 Collection Account; Release Account; Exchange Reserve Account 52 Section 3.05 Withdrawals From the Collection Account and the Release Account 54 Section 3.06 Investment of Funds in the Collection Account and the Release Account 55 Section 3.07 Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 Section 3.08 Enforcement of Alienation Clauses; Consent to Assignment 60 Section 3.09

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 31 Section 2.01 2.01. Representations and Warranties of the Property Manager Spirit Finance and the Back-Up Manager 35 31 Section 2.02 2.02. Representations and Warranties of the Issuers 38 34 Section 2.03 2.03. Recordings and Filings; Books and Records 39 35 Section 2.04 2.04. Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 41 37 Section 2.05 2.05. Non-Petition 43 Article Agreement 39 ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 40 Section 3.01 3.01. Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 40 Section 3.02 3.02. Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 41 Section 3.03 3.03. Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 42 Section 3.04 3.04. Collection Account; Release Account; Exchange Reserve Account 52 46 Section 3.05 3.05. Withdrawals From the Collection Account and the Release Account 54 48 Section 3.06 3.06. Investment of Funds in the Collection Account and the Release Account 55 49 Section 3.07 3.07. Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 50 Section 3.08 3.08. Enforcement of Alienation Clauses; Consent to Assignment 60 53 Section 3.09. Realization Upon Specially Serviced Assets 54 Section 3.10. Issuers, Custodian and Indenture Trustee to Cooperate; Release of Lease Files and Loan Files 57 Section 3.11. Servicing Compensation; Interest on Property Protection Advances 58 Section 3.12. Property Inspections; Collection of Financial Statements; Delivery of Certain Reports 61 Section 3.13. Annual Statement as to Compliance 62 Section 3.14. Reports by Independent Public Accountants 62 Section 3.15. Access to Certain Information; Delivery of Certain Information 63 Section 3.16. Appraisals After a Property Protection Event; Title to REO Property 63 Section 3.17. Management of REO Properties and Mortgaged Properties relating to Defaulted Assets 64 Section 3.18. Sale and Exchange of Mortgage Loans, Leases and Mortgaged Properties 65 Section 3.19. Modifications, Waivers, Amendments and Consents 66 Section 3.20. Transfer of Servicing Between Property Manager and Special Servicer; Record Keeping 68 Section 3.21. Sub-Management Agreements 68 ARTICLE IV REPORTS 71 Section 4.01. Reports to the Issuers, the Indenture Trustee and the Insurers 71 Section 4.02. Use of Agents 72

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 SUBSTITUTION 30 Section 2.01 Representations and Warranties of the Property Manager SCF Realty Capital and the Back-Up Manager 35 30 Section 2.02 Representations and Warranties of the Issuers 38 Issuer 32 Section 2.03 Recordings and Filings; Books and Records 39 34 Section 2.04 Repurchase or Transfer and Exchange for Collateral Defects and Breaches of Representations and Warranties 41 35 Section 2.05 Non-Non Petition 43 Agreement 37 Article III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES PROPERTIES, LEASES AND LEASES 44 LOANS 37 Section 3.01 Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 37 Section 3.02 Collection of Monthly Lease Payments and Monthly Loan Payments; Lockbox General Receipts Accounts; Lockbox Transfer Accounts 45 Section 3.03 Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 Section 3.04 Collection Account; Release Account; Exchange Reserve Servicing Account 52 39 Section 3.05 3.03 Advances 43 Section 3.04 Withdrawals From from the Collection Account and the Release Account 54 46 Section 3.06 3.05 Investment of Funds in the Collection Account and the Release Account 55 46 Section 3.07 3.06 Maintenance of Insurance Policies; : Errors and Omissions and Fidelity Coverage 57 48 Section 3.07 DSCR Reserve Account 51 Section 3.08 Enforcement Issuers, Custodian and Indenture Trustee to Cooperate; Release of Alienation ClausesLease Files and Loan Files 51 Section 3.09 Property Management Compensation: Interest on Advances 53 Section 3.10 Property Inspections; Consent Collection of Financial Statements; Delivery of Certain Reports 54 Section 3.11 Statements as to Assignment 60 Compliance 55 Section 3.093.12 Reports by Independent Public Accountants 55 Section 3.13 Access to Certain Information; Delivery of Certain Information 56 Section 3.14 Management of REO Properties and Properties Relating to Defaulted Assets 56 Section 3.15 Release, Sale and Exchange of Defaulted Assets and Terminated Lease Properties 57

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 33 Section 2.01 2.01. Representations and Warranties of the Property Manager Spirit Realty and the Back-Up Manager 35 33 Section 2.02 2.02. Representations and Warranties of the Issuers 38 36 Section 2.03 2.03. Recordings and Filings; Books and Records 39 37 Section 2.04 2.04. Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 41 39 Section 2.05 2.05. Non-Petition 43 Article 42 ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 42 Section 3.01 3.01. Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 42 Section 3.02 3.02. Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 44 Section 3.03 3.03. Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 45 Section 3.04 3.04. Collection Account; Release Account; Exchange Reserve Account 52 51 Section 3.05 3.05. Withdrawals From the Collection Account and the Release Account 54 53 Section 3.06 3.06. Investment of Funds in the Collection Account and the Release Account 55 54 Section 3.07 3.07. Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 56 Section 3.08 3.08. Enforcement of Alienation Clauses; Consent to Assignment 59 Section 3.09. Realization Upon Specially Serviced Assets 60 Section 3.093.10. Issuers, Custodian and Indenture Trustee to Cooperate; Release of Lease Files and Loan Files 63 Section 3.11. Servicing Compensation; Interest on Property Protection Advances 64 Section 3.12. Property Inspections; Collection of Financial Statements; Delivery of Certain Reports 67 Section 3.13. Annual Statement as to Compliance 68 Section 3.14. Reports by Independent Public Accountants 69 Section 3.15. Access to Certain Information; Delivery of Certain Information 69 Section 3.16. Title to REO Property 69 Section 3.17. Management of REO Properties and Mortgaged Properties relating to Defaulted Assets 70 Section 3.18. Sale and Exchange of Mortgage Loans, Leases and Mortgaged Properties 71 Section 3.19. Modifications, Waivers, Amendments and Consents 72 Section 3.20. Transfer of Servicing Between Property Manager and Special Servicer; Record Keeping 73 Section 3.21. Sub-Management Agreements 74

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 31 Section 2.01 2.01. Representations and Warranties of the Property Manager Spirit Finance and the Back-Up Manager 35 31 Section 2.02 2.02. Representations and Warranties of the Issuers 38 34 Section 2.03 2.03. Recordings and Filings; Books and Records 39 35 Section 2.04 2.04. Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 41 37 Section 2.05 2.05. Non-Petition 43 Article Agreement 39 ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 40 Section 3.01 3.01. Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 40 Section 3.02 3.02. Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 41 Section 3.03 3.03. Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 42 Section 3.04 3.04. Collection Account; Release Account; Exchange Reserve Account 52 46 Section 3.05 3.05. Withdrawals From the Collection Account and the Release Account 54 48 Section 3.06 3.06. Investment of Funds in the Collection Account and the Release Account 55 49 Section 3.07 3.07. Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 50 Section 3.08 3.08. Enforcement of Alienation Clauses; Consent to Assignment 60 53 Section 3.09. Realization Upon Specially Serviced Assets 54 Section 3.10. Issuers, Custodian and Indenture Trustee to Cooperate; Release of Lease Files and Loan Files 57 Section 3.11. Servicing Compensation; Interest on Property Protection Advances 58 Section 3.12. Property Inspections; Collection of Financial Statements; Delivery of Certain Reports 61 Section 3.13. Annual Statement as to Compliance 62

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 SUBSTITUTION 33 Section 2.01 Representations and Warranties of the Property Manager and STORE Capital, the Back-Up Manager 35 and the Issuers 33 Section 2.02 Representations and Warranties of the Issuers 38 Section 2.03 Recordings and Filings; Books and Records 39 Records; Document Defects 37 Section 2.04 2.03 Repurchase or Transfer and Exchange for Document Defects, Collateral Defects and Breaches of Representations and Warranties 39 Section 2.04 Non Petition Agreement 41 Section 2.05 Non-Petition 43 Article ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES PROPERTIES, LEASES AND LEASES 44 MORTGAGE LOANS 41 Section 3.01 Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 41 Section 3.02 Collection of Monthly Lease Payments and Monthly Loan Payments; Lockbox General Receipts Accounts; Lockbox Transfer Accounts 45 Section 3.03 Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 Section 3.04 Collection Account; Release Account; Exchange Reserve Account 52 43 Section 3.05 3.03 Advances 46 Section 3.04 Withdrawals From the Collection Account and the Release Account 54 49 Section 3.06 3.05 Investment of Funds in the Collection Account and the Release Account 55 49 Section 3.07 3.06 Maintenance of Insurance Policies; : Errors and Omissions and Fidelity Coverage 51 Section 3.07 DSCR Reserve Account 54 Section 3.08 Issuers, Custodian and Indenture Trustee to Cooperate; Release of Lease Files and Loan Files 55 Section 3.09 Servicing Compensation: Interest on Advances 56 Section 3.10 Property Inspections; Collection of Financial Statements; Delivery of Certain Reports 57 Section 3.08 Enforcement of Alienation Clauses; Consent 3.11 Quarterly Statement as to Assignment 60 Compliance 58 Section 3.093.12 Reports by Independent Public Accountants 58

REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 23 Section 2.01 2.01. Representations and Warranties of CFS. 23 Section 2.02. Representations and Warranties of the Property Manager and the Back-Up Manager 35 Issuer. 25 Section 2.02 Representations and Warranties of the Issuers 38 Section 2.03 2.03. Recordings and Filings; Books and Records 39 Records; Document Defects. 26 Section 2.04 2.04. Repurchase or Transfer and Exchange of Mortgaged Properties for Collateral Document Defects and Breaches of Representations and Warranties 41 Warranties. 28 Section 2.05 Non-Petition 43 Article 2.05. Financial Covenants of CFS. 30 ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 33 Section 3.01 3.01. Administration of the Mortgaged Properties, Leases Properties and Mortgage Loans 44 Leases. 33 Section 3.02 3.02. Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 . 34 Section 3.03 3.03. Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 Expenses. 35 Section 3.04 3.04. Collection Account; Release Property Proceeds Retention Account; Exchange Reserve Account 52 Lease Security Deposit Account. 37 Section 3.05 3.05. Withdrawals From the Collection Account, the Property Proceeds Retention Account and the Release Account 54 Lease Security Deposit Account. 40 Section 3.06 3.06. Investment of Funds in the Collection Account, the Property Proceeds Retention Account and the Release Account 55 Lease Security Deposit Account. 41 Section 3.07 3.07. Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 Coverage. 42 Section 3.08 3.08. Enforcement of Alienation Clauses; Consent to Assignment 60 Assignment. 44 Section 3.09. Realization Upon Defaulted Leases. 44 Section 3.10. Issuer and Indenture Trustee to Cooperate; Release of Lease Files. 45 Section 3.11. Servicing Compensation; Interest on Property Protection Advances. 46 Section 3.12. Property Inspections; Collection of Financial Statements; Delivery of Certain Reports. 48 Section 3.13. Quarterly Statement as to Compliance. 49 Section 3.14. Reports by Independent Public Accountants. 49 Section 3.15. Access to Certain Information; Delivery of Certain Information. 49 Section 3.16. Appraisals After a Property Protection Event. 50 Section 3.17. Management of Mortgaged Properties relating to Defaulted Leases. 50 Section 3.18. Sale and Exchange of Leases and Mortgaged Properties. 51 Section 3.19. Modifications, Waivers, Amendments and Consents. 53 Section 3.20. Transfer of Servicing Between Property Manager and Special Servicer; Record Keeping. 54 Section 3.21. Sub-Management Agreements. 55 ARTICLE IV REPORTS 57 Section 4.01. Reports to the Issuer and the Indenture Trustee. 57 Section 4.02. Use of Agents. 59 ARTICLE V THE PROPERTY MANAGER AND THE SPECIAL SERVICER 59 Section 5.01. Liability of the Property Manager and the Special Servicer. 59