Common use of Representations Regarding Leases Clause in Contracts

Representations Regarding Leases. Grantor represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to Beneficiary; (10) Grantor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518

Representations Regarding Leases. Grantor Mortgagor represents and warrants that to Mortgagor’s knowledge after Due Inquiry (as hereinafter defined), and except as disclosed in the tenant estoppel certificates delivered to Mortgagee or otherwise disclosed to Mortgagee in writing pursuant to the rent roll furnished by Mortgagor to Mortgagee (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true[intentionally deleted]; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space space, has opened for business and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaidprepaid more than thirty (30) days in advance of the date due under the applicable Lease, except as expressly provided pursuant to the applicable such Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9Leases; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to BeneficiaryMortgagee; (10) Grantor Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to BeneficiaryMortgagee; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against GrantorMortgagor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all commissions, leasing fees brokerage charges or similar fees payable to leasing brokers in connection with the Leases including amounts payable to affiliates of Mortgagor, which are subject payable over the term of a given Lease and subordinate are currently due, have been paid in full, and no further such amounts will come due after the date hereof with respect to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518Leases in effect on the date hereof.

Representations Regarding Leases. Grantor represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to Beneficiary; (10) Grantor is the WCSR 7692675 Deed of Trust Loan No. 374-0470 absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518.

Representations Regarding Leases. Grantor Borrower represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space space, has opened for business and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9Leases; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to BeneficiaryLender; (10) Grantor Borrower is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to BeneficiaryLender; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against GrantorBorrower; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518Security Deed.

Representations Regarding Leases. Grantor Mortgagor represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable LesseeLessee other than for work to be performed by the tenant thereunder; (3) each Lessee is in possession of its leased space space, has opened for business and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) to Mortgagor’s best knowledge, there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to BeneficiaryMortgagee; (10) Grantor Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to BeneficiaryMortgagee; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the Mortgagor’s best of Grantor’s knowledge after due inquiryknowledge, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518Mortgagor;

Representations Regarding Leases. Grantor Trustor represents and warrants that to the Note Holders that, except as disclosed in the rent roll for the Secured Property or in the schedule attached to the Rent Roll Certification delivered by Trustor to Beneficiary as a condition precedent to the making of the Loan (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let let, other than on going build-outs, pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space space, has opened for business and has commenced payment of Rent under its Lease except as disclosed set forth in the respective tenant estoppel certificate delivered to Beneficiary in writing in prior to the Rent Roll or Rent Roll Certificationdate hereof; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaidprepaid more than one (l) month in advance, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed or, to Beneficiary in writing in the Rent Roll or Rent Roll Certificationbest of Trustor's knowledge, any Lessee; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9Leases; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to Beneficiary; (10) Grantor Trustor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to BeneficiaryBeneficiary (on behalf of the Note Holders); (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiryTrustor's knowledge, no Lessee has any defense, set-off or counterclaim against GrantorTrustor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) subject to the terms of such Leases as modified, if applicable, by a subordination, non-disturbance and attornment agreement executed by the Lessee thereunder and Beneficiary, all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518.

Representations Regarding Leases. Grantor represents and warrants that warrants, with respect to all Leases in existence as of the date hereof, that, except as otherwise disclosed to Beneficiary in writing: (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space space, has opened for business (with respect to the Leases affecting the Retail Parcel and Office Parcel) and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition beyond applicable notice and cure periods on the part of lessor or, to Grantor's knowledge, any Lessee or lessor Lessee, under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to Beneficiary; (10) Grantor (as successor-by-assignment to Xxxxxx Realty, L.P.) is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry's knowledge, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such LeaseLease or as provided in a modification entered into in accordance with this Security Instrument; and (15) all residential Leases are subject and subordinate to this Deed Security Instrument; and (16) Grantor has delivered to Beneficiary true and correct copies of Trust. WCSR 31223371 27 Deed all of Trust Loan No. 374-0518the Leases.

Representations Regarding Leases. Grantor Mortgagor represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable LesseeLessee other than for work to be performed by the tenant thereunder; (3) each Lessee is in possession of its leased space space, has opened for business and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certificationpaid; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) to Mortgagor’s best knowledge, there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll CertificationLease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9Leases; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to BeneficiaryMortgagee; (10) Grantor Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to BeneficiaryMortgagee; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the Mortgagor’s best of Grantor’s knowledge after due inquiryknowledge, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518Mortgagor;

Representations Regarding Leases. Grantor Mortgagor hereby represents and warrants that as follows: (1i) Mortgagor has delivered a true, correct and complete copy of the Primary Lease (including all amendments thereto and modifications thereof) and there are no other Leases entered into by Mortgagor affecting the Property as of the date hereof; (ii) The Primary Lease constitutes the legal, valid and binding obligation of Mortgagor and, to the best of Grantor’s Mortgagor's knowledge after due inquiryand belief, all representations made by it in is enforceable against the Leases are true; (2) Tenant thereof. No default exists, or, to the best of Grantor’s knowledge after due inquiryMortgagor's knowledge, all Improvements and with the leased space demised and let pursuant to each passing of time or the giving of notice or both would exist, under the Primary Lease which would, in the aggregate, have been completed to a material adverse effect on Mortgagor or the satisfaction Property; (iii) The Primary Tenant has not, as of the applicable Lessee; date hereof, paid rent more than three (3) each Lessee months in advance, and the rents under such Leases have not been waived, released, or otherwise discharged or compromised; (iv) All work to be performed by Mortgagor under the Primary Lease has been performed, all contributions to be made by Mortgagor to Primary Tenant have been made and all other conditions precedent to the Primary Tenant's obligations thereunder have been satisfied; (v) The Primary Tenant has entered into occupancy of the demised premises under the Primary Lease; (vi) To the best of Mortgagor's knowledge and belief, the Primary Tenant is free from bankruptcy, reorganization or arrangement proceedings or a general assignment for the benefit of creditors; and (vii) The Primary Lease does not provide any party with the right to obtain a lien or encumbrance upon the Property superior to the lien of this Mortgage. (Viii) None of the Leases shall contain (1) any option to purchase, (2) any right of first refusal to lease or purchase or (3) any right to terminate the lease term (other than the right to terminate the Lease in possession of its leased space and has commenced payment of Rent under its Lease except connection with a Termination Event [as disclosed to Beneficiary in writing defined in the Rent Roll Primary Lease]). For so long as the Property remains subject to this Mortgage (e.g., unless the Loan has been duly prepaid or Rent Roll Certification; (4) all Rents defeased subject to and in accordance with the provisions of this Mortgage and the other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing Loan Documents), in the Rent Roll or Rent Roll Certification; (5) no Rent has been prepaid, except as expressly provided pursuant event that the Primary Tenant purports to the applicable Lease; (6) there is no existing default or breach of exercise any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (7) there are no options right to purchase all or any portion part of the Secured Property contained in any Lease; Property, (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments event of the destruction or modifications condemnation of all or substantially all of the Property), such event shall be an Event of Default hereunder unless done in accordance with the provisions of this Mortgage relating to any Leases except as disclosed in writing to Beneficiary; (10) Grantor is the absolute owner transfers of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided interests in the AssignmentProperty, there is no outstanding assignment or pledge thereof or including, without limitation, the requirement that the mortgagor of the Rents due or to become due; (13) to Property be a single purpose, bankruptcy remote entity otherwise complying with the best provisions of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518Section 1.33 hereof).

Representations Regarding Leases. Grantor represents and warrants that (1) to the best of Grantor’s knowledge after due inquiry, all representations made by it in the Leases are true; (2) to the best of Grantor’s knowledge after due inquiry, all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space and has commenced payment of Rent under its Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (4) all Rents and other charges due and payable under the Leases have been paid except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease except as disclosed to Beneficiary in writing in the Rent Roll or Rent Roll Certification; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to Beneficiary; (10) Grantor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary; (11) to the best of Grantor’s knowledge after due inquiry, each Lease is valid and in full force and effect; (12) except as provided in the Assignment, there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Grantor’s knowledge after due inquiry, no Lessee has any defense, set-off or counterclaim against Grantor; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Deed of Trust. WCSR 31223371 31792892 27 Deed of Trust Loan No. 374-05180551