Common use of Status of Property Clause in Contracts

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below. 3.2 hereof; (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to ; (c) the extent explicitly set forth in the Environmental Report (as defined below). The Property and its the present and contemplated use and occupancy thereof are in full material compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of environmental laws, laws relating to the Laws that has disabled (including, but not been remedied or satisfied. limited to, the ADA) and other similar laws; (cd) The the Property is served by all utilities (including including, but not limited to, public water and sewersewer systems) required for its use. the current or contemplated use thereof; (de) All all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service; (f) all public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entities. public; (eg) The except as otherwise indicated in the property condition report obtained by Lender, the Property is is, to the best of Borrower’s knowledge, free from damage caused by fire or other casualty. ; (fh) All all costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full full; (i) all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in material compliance with all Applicable Laws; and (j) except for as otherwise shown by the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used survey delivered to Lender in connection with the operation origination of the PropertyLoan, free all Improvements lie within the boundary of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this InstrumentLand. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if any portion of the Improvements is now or at any time in the future located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below3.3 hereof. (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to the extent explicitly set forth in the Environmental Report . (as defined below). c) The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of Environmental Laws, laws relating to the Laws that has disabled (including but not been remedied or satisfiedlimited to, the ADA) and other similar laws. (cd) The Property is served by all utilities (including water and sewer) required for its usethe current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (de) All To Borrower's knowledge, all public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entitiespublic. (ef) The Property is served by public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. (fh) All To Borrower's knowledge, all costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrancesfull. (gi) Borrower owns and has paid in full for for, and is the owner of, all furnishings, fixtures, fixtures and equipment (other than Tenants’ tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liensliens or encumbrances, or encumbrances except the Permitted Encumbrances lien and those security interest created by this Instrumenthereby. (hj) The All liquid and solid waste disposal, septic and sewer systems located on the Property is assessed for real estate tax purposes are in a good and safe condition and repair and in compliance with all Applicable Laws. (k) All security deposits relating to the Leases reflected on the certified rent roll delivered to Lender have been collected by Borrower except as one noted on the certified rent roll. (l) Borrower has received no notice of an actual or more wholly independent tax lot(s), separate from threatened condemnation or eminent domain proceeding by any adjoining land public or improvements, and no other land or improvements is assessed and taxed together with quasi-public authority. (m) All the Improvements lie within the boundaries of the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”"FLOOD ACTS") or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ ' property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “"Flood Acts”") or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ ' property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has and the Master Tenant together have (or have properly applied for and will have within eighteen (18) months after the date hereof) all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification. To the best of Borrower’s knowledge (after reasonable inquiry, except representations and disclosures obtained from, as the context requires, American Golf Corporation, a California corporation, NGP Realty Sub, L.P., a Delaware limited partnership, Shandin Hills Golf Club, a California corporation, and/or Golf Enterprises, Inc., a Kansas corporation, as seller of the Property to Borrower and to based upon the extent explicitly set forth in representations, warranties and covenants of the Environmental Report (as defined belowMaster Tenant under the Master Lease). The , the Property and its use and occupancy are in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ propertyproperty and personal property leased by the Master Tenant) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is are assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) To Borrower’s knowledge, Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All To Borrower’s knowledge, all public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All To Borrower’s knowledge, all costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below. 3.2 hereof; (b) except where such failure to do so would not reasonably be expected to have a Material Adverse Effect, Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification; (c) except where such failure to do so would not reasonably be expected to have a Material Adverse Effect, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of environmental laws, laws relating to the Laws that has disabled (including, but not been remedied or satisfied. limited to, the ADA) and other similar laws; (cd) The the Property is served by all utilities (including including, but not limited to, public water and sewersewer systems) required for its use. the current or contemplated use thereof; (de) All all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service; (f) all public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entities. public; (eg) The the Property is is, to the best of Borrower's knowledge, free from damage caused by fire or other casualty. ; (fh) All all costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for full; (i) all liquid and solid waste disposal, septic and sewer systems located on the Permitted Encumbrances. Property are in a good and safe condition and repair and in compliance with all Applicable Laws; and (gj) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with Improvements lie within the operation boundary of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this InstrumentLand. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date of this Security Instrument and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report . (as defined below). b) The Property and its the present and contemplated use and occupancy of it are in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that has not been remedied or satisfiedApplicable Laws. (c) The Property is served by all utilities (including water and sewer) required for its usethe current or contemplated use of it. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use of it have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entitiespublic. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (fg) All costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrancesfull. (gh) Borrower owns and has paid in full for all furnishings, fixturesfor, and equipment is the owner of, all Personal Property (other than Tenantstenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liensliens or encumbrances, or encumbrances except the Permitted Encumbrances lien and those security interest created by this Security Instrument. (hi) The All liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws. (j) All security deposits relating to the Leases reflected on the certified rent roll delivered to Lender have been collected by Borrower except as noted on the certified rent roll. (k) Borrower has received no notice of any actual or threatened condemnation or eminent domain proceedings by any public or quasi-public authority. (l) No portion of the Improvements is assessed for real estate tax purposes located in an area identified by the Federal Emergency Management Agency or any successor to it as one or more wholly independent tax lot(s)an area having special flood hazards pursuant to the Flood Insurance Acts or, separate from if any adjoining land or improvementsportion of the Improvements is located within such area, Borrower has obtained and no other land or improvements is assessed and taxed together with will maintain the Propertyinsurance prescribed in Section . (m) All the Improvements lie within the boundaries of the Land.

Status of Property. Except as reflected on any survey of the Property that has been submitted by Borrower to Lender contemporaneously with the execution of this instrument: (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if any portion of the Improvements is now or at any time in the future located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below.3.2 hereof; (b) Borrower has obtained (or shall obtain prior to any construction) all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the its operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently or will be in full force and effect as of the respective dates thereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that has not been remedied or satisfied.; (c) The Property is served free from material damage caused by all utilities (including water fire and sewer) required for its use.other casualty; (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been or, when due, will be paid in full except for full; (e) [RESERVED]; (f) To the Permitted Encumbrances.knowledge of Borrower, all liquid and solid waste disposal, septic and sewer systems located on the Property are in good and safe condition and repair and in material compliance with all Applicable Laws; (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation received no written notice of the Property, free of all security interests, liens, an actual or encumbrances except the Permitted Encumbrances and those created threatened condemnation or eminent domain proceeding by this Instrument.any public or quasi-public authority; and (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with All the Improvements lie within the boundaries of the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) To Borrower’s knowledge, Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All To Borrower’s knowledge, all public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All To Borrower’s knowledge, all costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument.. Prudential Loan No. 7061xxxxx Xxxx Building Supplemental Loan Mortgage and Security Agreement (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) To Borrower’s knowledge, Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All To Borrower’s knowledge, all public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All To Borrower’s knowledge, all costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 3.06(a) below. (b) Borrower (or such third party property manager engaged by such Borrower to operate and manage its Individual Property [each being referred to herein as a “Property Manager”]) has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the its Individual Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification. To the best of Borrower’s knowledge (after due inquiry and investigation), except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Borrower’s Individual Property and its use and occupancy are in full compliance in all material respects with all Laws Laws, and Borrower has received no written notice of any violation or potential violation of the Laws that which has not been remedied or satisfied., and the zoning classification of its Individual Property permits the use of such Individual Property as intended. Prudential Loan Nos. 706109200, 706109202-203 & 706109205-206 CNL MOB Portfolio Loan Agreement (c) The Borrower’s Individual Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Borrower’s Individual Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Borrower’s Individual Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements for Borrower’s Individual Property have been paid in full except for the applicable Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ propertythe property of Tenants [as defined in the Instrument]) used in connection with the operation of the Borrower’s Individual Property, free of all security interests, liens, or encumbrances except the applicable Permitted Encumbrances Encumbrances, the Permitted Capital Leases, and those created by this Instrumentthe Documents. (h) The Borrower’s Individual Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is are assessed and taxed together with the such Individual Property. (i) Borrower’s Individual Property and its Improvements are either (i) in compliance with the provisions of the Fair Housing Amendments Act of 1988, as amended, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in effect as of the date hereof (collectively, the “FHA Act”), or (ii) exempt from the FHA Act. (j) Borrower’s Individual Property is in compliance with the provisions of the Americans with Disabilities Act of 1990, and any amendments in effect as of the date hereof, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in force as of the date hereof.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below. 3.2(a)(iv) hereof; (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to ; (c) the extent explicitly set forth in the Environmental Report (as defined below). The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of environmental laws, laws relating to the Laws that has disabled (including, but not been remedied or satisfied. limited to, the ADA) and other similar laws; (cd) The the Property is served by all utilities (including including, but not limited to, public water and sewersewer systems) required for its use. the current or contemplated use thereof; (de) All all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service; (f) all public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entities. public; (eg) The the Property is is, to the best of Borrower’s knowledge, free from damage caused by fire or other casualty. ; (fh) All all costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for full; (i) all liquid and solid waste disposal, septic and sewer systems located on the Permitted Encumbrances. Property are in a good and safe condition and repair and in compliance with all Applicable Laws; and (gj) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with Improvements lie within the operation boundary of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this InstrumentLand. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are in full compliance in all material respects with all Laws Laws, and Borrower has received no written notice of any violation or potential violation of the Laws that which has not been remedied or satisfied, and the zoning classification of the Property permits the use of the Property as intended. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All To Borrower’s knowledge, all costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all does not own any of the furnishings, fixtures, and equipment (other than Tenants’ property) used in connection with the operation of the Property, free all of all security interests, liens, or encumbrances except which are owned by IBX (defined below) as of the Permitted Encumbrances and those created by this Instrumentdate hereof. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is are assessed and taxed together with the Property. (i) The Property and Improvements are either (i) in compliance with the provisions of the Fair Housing Amendments Act of 1988, as amended, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in effect as of the date hereof (collectively, the “FHA Act”), or (ii) exempt from the FHA Act. (j) To Borrower’s knowledge, the Property is in compliance with the provisions of the Americans with Disabilities Act of 1990, and any amendments in effect as of the date hereof, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in force as of the date hereof.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if any portion of the Improvements is now or at any time in the future located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below3.3 hereof. (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to the extent explicitly set forth in the Environmental Report . (as defined below). c) The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of Environmental Laws, laws relating to the Laws that has disabled (including but not been remedied or satisfiedlimited to, the ADA) and other similar laws. (cd) The Property is served by all utilities (including water and sewer) required for its usethe current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entitiespublic. (ef) The Property is served by public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. (fh) All costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrancesfull. (gi) Borrower owns and has paid in full for for, and is the owner of, all furnishings, fixtures, fixtures and equipment (other than Tenants’ tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liensliens or encumbrances, or encumbrances except the Permitted Encumbrances lien and those security interest created by this Instrumenthereby. (hj) The All liquid and solid waste disposal, septic and sewer systems located on the Property is assessed for real estate tax purposes are in a good and safe condition and repair and in compliance with all Applicable Laws. (k) All security deposits relating to the Leases reflected on the certified rent roll delivered to Lender have been collected by Borrower except as one noted on the certified rent roll. (l) Borrower has received no notice of an actual or more wholly independent tax lot(s), separate from threatened condemnation or eminent domain proceeding by any adjoining land public or improvements, and no other land or improvements is assessed and taxed together with quasi-public authority. (m) All the Improvements lie within the boundaries of the Property.

Status of Property. (a) The Land and To Borrower's knowledge, no portion ------------------ of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below3.3(a)(i)(y) hereof. (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business with respect to the Property and (ii) all required zoning, building code, land use, environmental and other similar permits or approvalsapprovals relating to the foregoing, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification. (c) To the best of Borrower's knowledge, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of environmental laws, laws relating to the Laws that has not been remedied or satisfieddisabled (including the ADA) and other similar laws. (cd) The Property is served by all utilities (including water and sewer) required for its usethe current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entitiespublic. (ef) The Property is served by public water and sewer systems. (g) The Property is presently free from damage caused by fire or other casualty. (fh) All costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements (i) have been paid in full except for the Permitted Encumbrancesfull, or have been bonded, or adequate reserves therefor have been established, or (ii) are not delinquent in payment. (gi) Borrower owns and has paid in full for for, and is the owner of, all furnishings, fixtures, fixtures and equipment (other than Tenants’ tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liensliens or encumbrances, or encumbrances except the lien and security interest created hereby and the other Permitted Encumbrances and those created by this InstrumentEncumbrances. (hj) The All liquid and solid waste disposal, septic and sewer systems located on the Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, are in a good and no other land or improvements is assessed safe condition and taxed together repair and in compliance with all Applicable Laws. (k) All Improvements lie within the Propertyboundary of the Land.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except . Except as and to the extent explicitly set forth disclosed in the Environmental Report Closing Certification, dated even date herewith, delivered by Borrower to Lender (as defined belowthe “Closing Certification”). The , the Property and its use and occupancy are in full compliance with all Laws in all material respects with all Laws respects, and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied., and the zoning classification of the Property permits the use of the Property as intended. Prudential Loan No. 706109689 Lakewood Flats Loan Agreement 18092735v.5 (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ propertythe property of Tenants [as defined in the Instrument] and property previously identified in writing to Lender as having been leased by Borrower or leased under equipment leases permitted by the Documents) used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrumentthe Documents. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is are assessed and taxed together with the Property. (i) Except as disclosed in the Closing Certification, to the best knowledge of Borrower, the Property and Improvements are either (i) in compliance with the provisions of the Fair Housing Amendments Act of 1988, as amended, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in effect as of the date hereof (collectively, the “FHA Act”), or (ii) exempt from the FHA Act. (j) Except as disclosed in the Closing Certification, to the best knowledge of Borrower, the Property is in compliance with the provisions of the Americans with Disabilities Act of 1990, and any amendments in effect as of the date hereof, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in force as of the date hereof.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have has been or may be amended, or any successor law (collectively, the “Flood Acts”"FLOOD ACTS") or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 5.6(a)(iii) below. (b) Borrower or Lessee, as the case may be, has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has not received no any notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Except for property owned by (i) Lessee, (ii) tenants under the Leases, and (iii) the Manager, lessors under equipment leases or vendors under service contracts affecting the Property as more particularly described in the Certificate of Representations and Warranties, Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) tangible PERSONAL Property used in connection with the operation of the Property, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrument. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) or, if located within any such area, Borrower has and will maintain the insurance prescribed in Section 3.06 4.06 below. (b) Borrower has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws and Borrower has received no notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Each Individual Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the each Individual Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Each Individual Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenantstenants’ property) used in connection with required for the operation of the Propertyeach Individual Property as a hotel, free of all security interests, liens, or encumbrances except the Permitted Encumbrances and those created by this Instrumentthe Instruments. (h) The Each Individual Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, and no other land or improvements is are assessed and taxed together with any of the Property.Individual Properties. CENTRAL\31200109.7 -5-

Status of Property. (a) The Land and Improvements are not located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectively, the “Flood Acts”) Acts or, if located within any such area, Borrower or Lessee has and will maintain the insurance prescribed in Section 3.06 below4.06(a)(iv) of the Loan Agreement. (b) Borrower or Lessee, as the case may be, has all necessary (i) certificates, licenses, and other approvals, governmental and otherwise, for the operation of the Property and the conduct of its business and (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect and not subject to revocation, suspension, forfeiture, or modification. To the best of Lessee’s knowledge after due inquiry and investigation, except as and to the extent explicitly set forth in the Environmental Report (as defined below). The Property and its use and occupancy are is in full compliance in all material respects with all Laws (other than the Americans with Disabilities Act, for which the Property is in substantial compliance), and Borrower Lessee has not received no any notice of any violation or potential violation of the Laws that which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for its use. (d) All public roads and streets necessary to serve the Property for its use have been completed, are serviceable, are legally open, and have been dedicated to and accepted by the appropriate governmental entities. (e) The Property is free from damage caused by fire or other casualty. (f) All costs and expenses for labor, materials, supplies, and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrances. (g) Borrower Lessee owns and has paid in full for all furnishings, fixtures, and equipment (other than Tenants’ property) tangible Lessee Personal Property used in connection with the operation of the Property, free of all security interestsinterest, liens, liens or encumbrances except the Permitted Encumbrances and those created by this InstrumentJoinder, the similar joinders being executed by Lessee to certain of the other Documents, and the other Documents executed by Lessee. (h) The Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements, improvements and no other land or improvements is assessed and taxed together with the Property.

Status of Property. (a) The Land and No portion of the Improvements are not is located in an area identified by the Secretary of Housing and Urban Development, Development or any successor, successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968, 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor law (collectivelylaw, the “Flood Acts”) or, if any portion of the Improvements is now or at any time in the future located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.06 below3.3 hereof. (b) Borrower has obtained all necessary (i) certificates, licenses, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and (ii) all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture, forfeiture or modification, except as and to the extent explicitly set forth in the Environmental Report . (as defined below). c) The Property and its the present and contemplated use and occupancy thereof are in full compliance in all material respects with all Laws Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and Borrower has received no notice of any violation or potential violation of Environmental Laws, laws relating to the Laws that has disabled (including but not been remedied or satisfiedlimited to, the ADA) and other similar laws. (cd) The Property is served by all utilities (including water and sewer) required for its usethe current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to serve the Property for its the current or contemplated use thereof have been completed, are serviceable, serviceable and all-weather and are physically and legally open, and have been dedicated to and accepted open for use by the appropriate governmental entitiespublic. (ef) The Property is served by public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. (fh) All costs and expenses for of any and all labor, materials, supplies, supplies and equipment used in the construction of the Improvements have been paid in full except for the Permitted Encumbrancesfull. (gi) Borrower owns and has paid in full for for, and is the owner of, all furnishings, fixtures, fixtures and equipment (other than Tenants’ tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liensliens or encumbrances, or encumbrances except the Permitted Encumbrances lien and those security interest created by this Instrumenthereby. (hj) The All liquid and solid waste disposal, septic and sewer systems located on the Property is assessed for real estate tax purposes are in a good and safe condition and repair and in compliance with all Applicable Laws. (k) All security deposits relating to the Leases reflected on the certified rent roll delivered to Lender have been collected by Borrower except as one noted on the certified rent roll. (l) Xxxxxxxx has received no notice of an actual or more wholly independent tax lot(s), separate from threatened condemnation or eminent domain proceeding by any adjoining land public or improvements, and no other land or improvements is assessed and taxed together with quasi-public authority. (m) All the Improvements lie within the boundaries of the Property.