Common use of Representations Regarding Leases Clause in Contracts

Representations Regarding Leases. Borrower represents and warrants that (1) all representations made by it in the Leases are true; (2) 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, has opened for business and has commenced payment of Rent under its Lease; (4) all Rents and other charges due and payable under the Leases have been paid; (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; (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 Lender; (10) Borrower is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Lender; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) no Lessee has any defense, set-off or counterclaim against Borrower; (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 Security Deed.

Representations Regarding Leases. Borrower Mortgagor hereby represents and -------------------------------- warrants that to the knowledge and belief of Mortgagor, upon due inquiry, (1) all representations made by it in the Leases are true; (2) 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 has accepted possession of its leased space, space and has opened for business and has commenced payment of Rent rent under its Lease; (4) each Lessee is in occupancy; (5) all Rents rents and other charges due and payable under the Leases have been paidpaid except as disclosed in writing to Mortgagee; (56) no Rent rent has been prepaid, except as expressly provided pursuant to the applicable described under such Lease; (67) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor Lessor under any Lease except as disclosed to Mortgagee in writing, and no Lessee has any rights to any offsets or concessions, claims or defenses to the enforcement of such Lease; (7) 8) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) 9) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases; (910) there are no amendments of or modifications to any Leases except as disclosed in writing to LenderMortgagee; (10) Borrower is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Lender; (11) each Lease is valid no leasing brokerage commissions are due or payable or are to come due and in full force payable with respect to the Leases, except for commissions due with respect to Leases entered into after the date hereof and effect; (12) there is no outstanding assignment or pledge thereof or commissions due upon renewals, extensions and expansions with respect to such of the Rents due or to become due; (13) no Lessee has any defense, set-off or counterclaim against Borrower; (14) no Rents payable pursuant to any Lease Leases as 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 disclosed to this Security DeedMortgagee in writing.

Representations Regarding Leases. Borrower 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, has opened for business space and has commenced payment of Rent under its LeaseLease 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 paidpaid 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 LeaseLease 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; (9Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to LenderBeneficiary; (10) Borrower Grantor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderBeneficiary; (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 BorrowerGrantor; (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 Security Deed.Deed of Trust. WCSR 31223371 27 Deed of Trust Loan No. 374-0518

Representations Regarding Leases. Borrower 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, has opened for business space and has commenced payment of Rent under its LeaseLease 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 paidpaid 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 LeaseLease 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; (9Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to LenderBeneficiary; (10) Borrower 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 LenderBeneficiary; (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 BorrowerGrantor; (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 Security DeedDeed of Trust.

Representations Regarding Leases. Borrower Mortgagor represents and warrants that (1) all representations made by it in the Leases are true; (2) 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, has opened for business and has commenced payment of Rent under its Lease; (4) all Rents and other charges due and payable under the Leases have been paid; (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; (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 LenderMortgagee; (10) Borrower Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderMortgagee; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to Mortgagor’s best knowledge, no Lessee has any defense, set-off or counterclaim against BorrowerMortgagor; (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 MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT 096780 000064 DALLAS 2814275.4 Loan No. 374-0366 Florida by such LeaseLease or as may be permitted herein; and (15) all Leases are subject and subordinate to this Security DeedMortgage.

Representations Regarding Leases. Borrower 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) all representations made by it in the Leases are true; (2) 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, 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; (4) all Rents and other charges due and payable under the Leases have been paid; (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; (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 LenderBeneficiary; (10) Borrower 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 LenderBeneficiary; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to Grantor's knowledge, no Lessee has any defense, set-off or counterclaim against BorrowerGrantor; (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 Security DeedInstrument; and (16) Grantor has delivered to Beneficiary true and correct copies of all of the Leases.

Representations Regarding Leases. Borrower 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) all representations made by it in the Leases are true[intentionally deleted]; (2) 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, has opened for business and has commenced payment of Rent under its Lease; (4) all Rents and other charges due and payable under the Leases have been paid; (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; (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 LenderMortgagee; (10) Borrower Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderMortgagee; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) no Lessee has any defense, set-off or counterclaim against BorrowerMortgagor; (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 Security DeedLeases in effect on the date hereof.

Representations Regarding Leases. Borrower 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) all representations made by it in the Leases are true; (2) 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, has opened for business and has commenced payment of Rent under its LeaseLease except as set forth in the respective tenant estoppel certificate delivered to Beneficiary prior to the date hereof; (4) all Rents and other charges due and payable under the Leases have been paid; (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 LeaseLease or, to the best 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; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to LenderBeneficiary; (10) Borrower Trustor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderBeneficiary (on behalf of the Note Holders); (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to the best of Trustor's knowledge, no Lessee has any defense, set-off or counterclaim against BorrowerTrustor; (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 Security DeedDeed of Trust.

Representations Regarding Leases. Borrower Mortgagor represents and warrants that (1) all representations made by it in the Leases are true; (2) 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, has opened for business and has commenced payment of Rent under its Lease; (4) all Rents and other charges due and payable under the Leases have been paid; (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; (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 LenderMortgagee; (10) Borrower Mortgagor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderMortgagee; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) to Mortgagor’s best knowledge, no Lessee has any defense, set-off or counterclaim against BorrowerMortgagor; (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 may be permitted herein; and (15) all Leases are subject and subordinate to this Security DeedMortgage.

Representations Regarding Leases. Borrower 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, has opened for business space and has commenced payment of Rent under its LeaseLease 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 paidpaid 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 LeaseLease 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; (9Leases;(9) there are no amendments of or modifications to any Leases except as disclosed in writing to LenderBeneficiary; (10) Borrower Grantor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to LenderBeneficiary; (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 BorrowerGrantor; (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 Security Deed.Deed of Trust. WCSR 31792892 27 Deed of Trust Loan No. 374-0551