Common use of Status of Property Clause in Contracts

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART Tenant is a party or by which PETsMART Tenant or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART Tenant as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART Tenant or the any Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART Tenant and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMARTTenant's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMARTTenant, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART Tenant or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]date. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained or caused and will maintain the insurance prescribed in Section 3.3 hereof. (b) Except as previously disclosed in writing to be Lender, Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Except as previously disclosed in writing to Lender, the Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, and Environmental Laws (hereinafter defined) and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Except for trade payables permitted pursuant to the terms hereof, Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements materially lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) To Borrower’s knowledge, except as may be noted on the survey delivered to Lender in connection with this Loan, 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 obtained or caused to be obtained and will maintain the insurance prescribed in Section 3.06 below. (b) To Borrower’s knowledge, Borrower has 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 all required (ii) 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. (b) The . To Borrower’s knowledge, except as disclosed to Lender in the Closing Certification, dated of even date herewith, the Property and the present its use and occupancy thereof are is in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar lawsBorrower has received no notice of any violation or potential violation of the Laws which has not been remedied or satisfied. (c) The Property is served by all utilities (including water and sewer) required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility serviceits use. (d) All public roads and streets necessary for service of and access to serve the Property for the current or contemplated its use thereof have been completed, are serviceable serviceable, are legally open, and all-weather have been dedicated to and are physically and legally open for use accepted by the publicappropriate governmental entities. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (gf) To the best of Borrower's knowledge, All costs and expenses of any and all for labor, materials, supplies supplies, and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in fullfull except for the Permitted Encumbrances and costs for ongoing work which will be paid in the ordinary course of business. (hg) Borrower owns and has paid in full for, and is the owner of, for all furnishings, fixtures fixtures, and equipment (other than tenants' propertyproperty of Tenants, licensees and service providers) used in connection with the operation of the Property, free and clear of any and all security interests, liens liens, or encumbrances, encumbrances except the lien Permitted Encumbrances and security interest those created hereby.by this Instrument. Prudential Loan No. 706108495 Clarendon Center/Deed of Trust (ih) To the best of Borrower's knowledgeThe Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), all liquid separate from any adjoining land or improvements, and solid waste disposal, septic no other land or improvements are assessed and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws. (j) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run taxed together with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of BorrowerXxxxxxxx's knowledge, All all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART Tenant is a party or by which PETsMART Tenant or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART Xxxxxx as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART Tenant or the any Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART Tenant and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMARTTenant's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMARTTenant, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART Tenant or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]date. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]date. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained or caused to be and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws, Prescribed Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in fullfull or sufficiently bonded. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' ’ property) used in connection with the operation of the Property, free and clear of any and all alt security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's ’s knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT date, except that the condominium association claims that PETsMART OWES owes 16,697.00 AND and PETsMART BELIEVES IT ONLY OWES believes it only owes $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary material certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) . The Property and the present and contemplated use and occupancy thereof are in full compliance compliance, in all material respects, with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) . The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (d) . All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) . The Property is served by public water and sewer systems. . Except for the damage caused to the Property, or portions thereof, by a wind storm on September 22, 2002 (f) The the "Storm Damage"), which damage has been disclosed to Lender and which is being repaired/restored by Borrower, the Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, . All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements that are due and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property payable have been paid in full. (h) . Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To , except for Permitted Liens and liens held by Regions Bank on certain Personal Property in connection with indebtedness secured thereby, provided such indebtedness is paid off in full utilizing the best proceeds of Borrower's knowledge, all the loan evidenced by the Note and the Credit Agreement and secured hereby. 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 (in all material respects) with all Applicable Laws. (j) . No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 3.3(a) (vii) hereof. (k) . All the Improvements lie within the boundaries of the Land. (l) As . The Property is presently not subject to any declarations Leases. Separate Tax Lot. The Property is assessed for real estate tax purposes as one or more wholly independent tax lot or lots, separate from any adjoining land or improvements not constituting a part of covenantssuch lot or lots, conditions and restrictions no other land or similar agreements that run improvements is assessed and taxed together with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may thereof. Permitted Exceptions. None of the Permitted Exceptions, individually or in the aggregate, materially interferes with the benefits of the security intended to be boundprovided by the Security Instrument, the Note, and which are listed on Exhibit "C" heretothe Other Security Documents, except as may be specifically set forth in Exhibit "C": (i) All materially and adversely affects the value of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as impairs the use or the operation of the closing date, has been performed. (iii) There are no written Property or oral promises, agreements, understandings or commitments between PETsMART and any party impairs Borrower's ability to any of the Declarations other than those contained pay its obligations in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party theretotimely manner. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).- Obligations And Reliance's

Status of Property. With respect to each Real Property Asset, except as set forth on Schedule 12: (ai) Borrower No portion of any improvement on the Real Property Asset is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, the Company or the respective Other Guarantor has obtained and will maintain the insurance prescribed in subsection 5.01(c) hereof. (ii) To the best knowledge of the Company and the REIT, the Company or caused to be the respective Other Guarantor has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Real Property Asset and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (biii) The To the best knowledge of the Company and the REIT, the Real Property Asset and the present and contemplated use and occupancy thereof are in full material compliance with all applicable zoning ordinancesordinances (without reliance upon grandfather provisions or adjoining or other properties), building codes, land use and environmental laws, Environmental Laws laws relating to the disabled (including, but not limited to, the ADA) and other similar laws. (civ) The Real Property Asset is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Real Property Asset has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (dv) All public roads and streets necessary for service of and access to the Real Property Asset for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (evi) The Real Property Asset is served by public water and sewer systems; or, if the Real Property Asset is not serviced by a public water and sewer system, such alternate systems are adequate and meet, in all material respects, all requirements and regulations of, and otherwise complies in all material respects with, all Applicable Laws. (fvii) Neither the Company nor any Other Guarantor is aware of any latent or patent structural or other significant deficiency of the Real Property Asset. The Real Property Asset is free of damage and waste that would materially and adversely affect the value of the Real Property Asset, is in good repair and there is no deferred maintenance, other than ordinary wear and tear. The Real Property Asset is free from damage caused by fire or other casualty. There is no pending or, to the actual knowledge of the Company, the REIT or the respective Subsidiary Guarantor, threatened condemnation proceedings affecting the Real Property Asset, or any part thereof. (gviii) To the best knowledge of Borrower's knowledgethe Company and the REIT, All all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon improvements on the Real Property Assets have either (A) been paid in full, (B) not yet due and payable, or (C) are being contested in good faith by the Company, the REIT or the applicable Subsidiary Guarantor. Subject to the Company's or the respective Other Guarantor's right to contest as set forth in any Permitted Mortgage Debt related to such Real Property Asset, there are no mechanics' or similar liens or claims that have been filed and recorded for work, labor or materials that affects the Real Property Asset. (hix) Borrower To the best knowledge of the Company and the REIT, the Company, or the respective Subsidiary Guarantor has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the PropertyReal Property Asset, free and clear of any and all security interests, liens or encumbrances, except for Permitted Liens and purchase money financing which is not a Lien on the lien fee title of such Real Property Asset and security interest created herebyis incurred in the ordinary course of business. (ix) To the best knowledge of Borrower's knowledgethe Company and the REIT, all liquid and solid waste disposal, septic and sewer systems located on the Real Property Assets are in a good and safe condition and repair and are in material compliance with all Applicable Laws. (jxi) All improvements on the Real Property Asset lie within the boundaries and building restrictions of the legal description of record of the Real Property Asset, no such improvements encroach upon easements benefitting the Real Property Asset other than encroachments that do not materially adversely affect the use or occupancy of the Real Property Asset and no improvements on adjoining properties encroach upon the Real Property Asset or easements benefitting the Real Property Asset other than encroachments that do not materially adversely affect the use or occupancy of the Real Property Asset. All amenities, access routes or other items that materially benefit the Real Property Asset are under direct control of the Company or the respective Other Guarantor, constitute permanent easements that benefit all or part of the Real Property Asset or are public property, and the Real Property Asset, by virtue of such easements or otherwise, is contiguous to a physically open, dedicated all weather public street, and has the necessary permits for ingress and egress. (xii) If the Real Property Asset constitutes a legal nonconforming use, the non- conforming Improvements may be rebuilt to current density and used and occupied for such non- conforming purposes if less than 50% of such Real Property Asset is damaged or destroyed. (xiii) To the best knowledge of the Company and the REIT, there are no delinquent taxes, ground rents, water charges, sewer rents, assessments (including assessments payable in future installments), insurance premiums, leasehold payments, or other outstanding charges affecting the Real Property Asset. (xiv) To the best knowledge of the Company and the REIT, the Real Property Asset is assessed for real estate tax purposes as one or more wholly independent tax lot or lots, separate from any adjoining land or improvements not constituting a part of such lot or lots, and no other land or improvements is assessed and taxed together with the Real Property Asset or any portion thereof. (A) The Company or the respective Other Guarantor is the sole owner of the entire lessor's interest in the Leases; (B) the Leases are valid and enforceable; (C) the terms of all alterations, modifications and amendments to the Leases are reflected in the certified occupancy statement delivered to and approved by the Agent; (D) none of the rents reserved in the Leases have been assigned or otherwise pledged or hypothecated; (E) none of the rents have been collected for more than one (1) month in advance (other than rents in connection with Seasonal RV Sites); (F) the premises demised under the Leases have been completed and the tenants under the Leases have accepted the same and have taken possession of the same on a rent-paying basis; (G) there exist no offsets or defenses to the payment of any portion of the rents; (H) with respect to Unencumbered Assets no Lease contains an option to purchase, right of first refusal to purchase, or any other similar provision; (I) no person or entity has any possessory interest in, or right to occupy, the Real Property Asset except under and pursuant to a Lease; (J) with respect to Unencumbered Assets, there are no prior assignments, pledges, hypothecations or other encumbrances of any Leases or any portion of rents due and payable or to become due and payable thereunder which are presently outstanding; and (K) the Real Property Asset is not subject to any Lease other than the Leases described in the rent rolls delivered pursuant to subsection 5.01(a)(i), none of which is a lease for commercial use (other than laundry, cable television, vending and other similar commercial leases for services). (xvi) No portion of the Improvements is located in an area identified by the Secretary Real Property Asset has been or will be purchased with proceeds of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereofillegal activity. (kxvii) All To the Improvements lie within the boundaries best knowledge of the Land. (l) As to Company and the REIT, all contracts, agreements, consents, waivers, documents and writings of every kind or character at any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") time to which PETsMART the Company, the REIT or any Subsidiary Guarantor is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of delivered to the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party Agent pursuant to any of the Declarations other than those contained in provisions hereof are valid and enforceable against the Declarations and Company or such Other Guarantor and, to the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any best knowledge of the Declarations by Company, are enforceable against all other parties thereto, and in all respects are what they purport to be and, to the best knowledge of the Company, to the extent that any such writing shall impose any obligation or duty on the party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner waiver of any Property nor rights which any Property is such party might otherwise have, said writing shall be valid and enforceable against said party in default under any of accordance with the Declarations terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or in violation of any provision of any Declaration. All sums due and payable by PETsMART or similar laws affecting the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof)creditors generally.

Status of Property. (ai) Borrower has obtained or caused to be obtained all necessary material certificates, licenses and other approvals, governmental and otherwiseotherwise required of Borrower, necessary for the operation of the Property and the conduct of its business and all required material zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modificationhereof. (bii) The Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable material zoning ordinances, building codes, land use laws, Environmental Laws and other similar lawslaws applicable to the Property and/or Borrower. (ciii) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (div) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ev) The Property is served by public water and sewer systems. (fvi) The Property is free from damage caused by fire or other casualty. (gvii) To the best of Borrower's knowledgeExcept as set forth on Schedule 5.1(e), All all costs and expenses --------------- of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hviii) Except as set forth on Schedule 5.1(e), Borrower has paid in --------------- full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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. (jix) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof4.3(a). (kx) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained or caused to be and will maintain the insurance prescribed in Section hereof. (b) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and [NY01:247789.4] 86000-00376 12/23/96 4:57pm - 25 - effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The To the best of Borrower's knowledge after due inquiry and investigation, the Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's knowledgeknowledge after due inquiry and investigation, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Except as disclosed in the zoning information delivered to Lender in connection with the origination of the Loan (but only to the extent that Borrower has obtained or caused to be obtained no actual knowledge after due inquiry of any inconsistencies contained therein), all necessary material certificates, licenses licenses, permits, franchises, consents, and other approvals, governmental and otherwise, necessary to be obtained by (or on behalf of) Borrower for the ownership and operation of the Property and the conduct of its business (collectively, “Licenses”) and all required zoningallzoning, building code, land use, environmental and other similar permits or approvalsapprovals required to be obtained by (or on behalf of) Borrower, have been obtained by (or on behalf of) Borrower, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Except as disclosed in the zoning information delivered to Lender in connection with the origination of the Loan (but only to the extent that Borrower has no actual knowledge after due inquiry of any inconsistencies contained therein), the Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar lawsApplicable Law. (c) The Property is served by all utilities required necessary for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. All utilities and public water and sewer systems serving the Property are adequate for the current or contemplated use thereof. (d) The Property is served by public water and sewer systems. (e) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) . The Property is served has either direct access to such public roads or streets or access to such public roads or streets by public water virtue of a perpetual easement or similar agreement inuring in favor of Borrower and sewer systemsany subsequent owners of the Property. (f) The Property is free from damage caused by fire or other casualty. Except as disclosed in the Physical Conditions Reports delivered to Lender in connection with the Loan, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, 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, liens or encumbrances, except the lien and security interest created herebyby this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) To the best of Borrower's knowledge, all 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 LawsLaw. (j) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 7.1(a) hereof. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All To Borrower’s actual knowledge after due inquiry, except for encroachments that are insured against pursuant to the Title Insurance Policy or otherwise do not cause a Material Adverse Effect, all the Improvements lie within the boundaries of the LandLand and any building restriction lines applicable to the Land and no improvements on adjoining properties encroach onto the Property. (l) As to any declarations of covenantsTo Borrower’s actual knowledge after due inquiry, conditions and restrictions there are no pending or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party proposed special or by which PETsMART other assessments for public improvements or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or otherwise affecting the Property, as of the closing date, has been performed. (iii) There nor are no written or oral promises, agreements, understandings or commitments between PETsMART and there any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior contemplated improvements to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal Property that may result in such special or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof)assessments.

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws, Prescribed Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws Laws, and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' ’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. With respect to each Real Property Asset, except as set forth on Schedule 10: (ai) No portion of any improvement on the Real Property Asset is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, the Borrower or the respective Consolidated Entity has obtained and will maintain the insurance prescribed in clause (y) of Section 6.5(ii)(a) hereof. (ii) To the best knowledge of the Borrower and the REIT, the Borrower or caused to be the respective Consolidated Entity has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Real Property Asset and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (biii) The To the best knowledge of the Borrower and the REIT, the Real Property Asset and the present and contemplated use and occupancy thereof are in full material compliance with all applicable zoning ordinancesordinances (without reliance upon grandfather provisions or adjoining or other properties), building codes, land use lawsand Environmental Laws, Environmental Laws laws relating to the disabled (including, but not limited to, the ADA) and other similar laws. (civ) The Real Property Asset is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Real Property Asset has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (dv) All public roads and streets necessary for service of and access to the Real Property Asset for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (evi) The Real Property Asset is served by public water and sewer systems; or, if the Real Property Asset is not serviced by a public water and sewer system, such alternate systems are adequate and meet, in all material respects, all requirements and regulations of, and otherwise comply in all material respects with, all Applicable Laws. (fvii) Neither the Borrower nor any Consolidated Entity is aware of any latent or patent structural or other significant deficiency of the Real Property Asset. The Real Property Asset is free of damage and waste that would materially and adversely affect the value of the Real Property Asset, is in good repair and there is no deferred maintenance, other than ordinary wear and tear. The Real Property Asset is free from damage caused by fire or other casualty. There is no pending or, to the actual knowledge of the Borrower, the REIT or the respective Consolidated Entity, threatened condemnation proceedings affecting the Real Property Asset, or any part thereof. (gviii) To the best knowledge of Borrower's knowledgethe Borrower and the REIT, All all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon improvements on the Real Property Asset have either (a) been paid in full, (b) not yet due and payable, or (c) are being contested in good faith by Borrower, the REIT or the applicable Consolidated Entity. Subject to the Borrower's or the respective Consolidated Entity's right to contest as set forth in any Permitted Mortgage Debt related to such Real Property Asset, there are no mechanics' or similar liens or claims that have been filed and recorded for work, labor or materials that affects the Real Property Asset. (hix) To the best knowledge of the Borrower and the REIT, the Borrower or the respective Consolidated Entity has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the PropertyReal Property Asset, free and clear of any and all security interests, liens or encumbrances, except for Permitted Liens and purchase money financing which is not a Lien on the lien fee title of such Real Property Asset and security interest created herebyis incurred in the ordinary course of business. (ix) To the best knowledge of Borrower's knowledgethe Borrower and the REIT, all liquid and solid waste disposal, septic and sewer systems located on the Real Property Asset are in a good and safe condition and repair and are in material compliance with all Applicable Laws. (xi) All improvements on the Real Property Asset lie within the boundaries and building restrictions of the legal description of record of the Real Property Asset, no such improvements encroach upon easements benefitting the Real Property Asset other than encroachments that do not materially adversely affect the use or occupancy of the Real Property Asset and no improvements on adjoining properties encroach upon the Real Property Asset or easements benefitting the Real Property Asset other than encroachments that do not materially adversely affect the use or occupancy of the Real Property Asset. All amenities, access routes or other items that materially benefit the Real Property Asset are under direct control of the Borrower or the respective Consolidated Entity, constitute permanent easements that benefit all or part of the Real Property Asset or are public property, and the Real Property Asset, by virtue of such easements or otherwise, is contiguous to a physically open, dedicated all weather public street, and has the necessary permits for ingress and egress. (xii) If the Real Property Asset constitutes a legal non-conforming use, the non-conforming Improvements may be rebuilt to current density and used and occupied for such non-conforming purposes if damaged or destroyed. (xiii) To the best knowledge of the Borrower and the REIT, there are no delinquent taxes, ground rents, water charges, sewer rents, assessments (including assessments payable in future installments), insurance premiums, leasehold payments, or other outstanding charges affecting the Real Property Asset. (xiv) To the best knowledge of the Borrower and the REIT, the Real Property Asset is assessed for real estate tax purposes as one or more wholly independent tax lot or lots, separate from any adjoining land or improvements not constituting a part of such lot or lots, and no other land or improvements are assessed and taxed together with the Real Property Asset or any portion thereof. (a) The Borrower or the respective Consolidated Entity is the sole owner of the entire lessor's interest in the Leases; (b) the Leases are valid and enforceable; (c) the terms of all alterations, modifications and amendments to the Leases are reflected in the certified occupancy statement delivered to and approved by the Agent; (d) with respect to Unencumbered Assets, none of the rents reserved in the Leases have been assigned or otherwise pledged or hypothecated; (e) none of the rents have been collected for more than one (1) month in advance (other than rents in connection with Seasonal RV Sites); (f) the premises demised under the Leases have been completed and the tenants under the Leases have accepted the same and have taken possession of the same on a rent-paying basis; (g) there exist no offsets or defenses to the payment of any portion of the rents; (h) with respect to Unencumbered Assets no Lease contains an option to purchase, right of first refusal to purchase, or any other similar provision; (i) no person or entity has any possessory interest in, or right to occupy, the Real Property Asset except under and pursuant to a Lease; (j) with respect to Unencumbered Assets, there are no prior assignments, pledges, hypothecations or other encumbrances of any Leases or any portion of rents due and payable or to become due and payable thereunder which are presently outstanding; and (k) the Real Property Asset is not subject to any Lease other than the Leases described in the rent rolls delivered pursuant to Section 6.1.1, none of which is a lease for commercial use (other than laundry, cable television, vending and other similar commercial leases for services). (xvi) No portion of the Improvements is located in an area identified by the Secretary Real Property Asset has been or will be purchased with proceeds of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereofillegal activity. (kxvii) All To the Improvements lie within the boundaries best knowledge of the Land. (l) As to Borrower and the REIT, all contracts, agreements, consents, waivers, documents and writings of every kind or character at any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") time to which PETsMART the Borrower or any Consolidated Entity is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of delivered to the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party Agent pursuant to any of the Declarations provisions hereof are valid and enforceable against the Borrower and such Consolidated Entity and, to the best knowledge of Borrower, are enforceable against all other than those contained parties thereto, and in all respects are what they purport to be and, to the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any best knowledge of the Declarations by Borrower, to the extent that any such writing shall impose any obligation or duty on the party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner waiver of any Property nor rights which any Property is such party might otherwise have, said writing shall be valid and enforceable against said party in default under any of accordance with the Declarations terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or in violation of any provision of any Declaration. All sums due and payable by PETsMART or similar laws affecting the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof)creditors generally.

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each may be amended, or any successor law, or, if any portion of the Improvements is now or at any time in the future located within any such area, Borrower has obtained or caused to be and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, and Environmental Laws and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's knowledge, all 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. (jk) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant All security deposits relating to the Flood Insurance Acts or, if any portion of Leases reflected on the Improvements is located within such area, certified rent roll delivered to Lender have been collected by Borrower has obtained and will maintain except as noted on the insurance prescribed in Section 3.3 hereofcertified rent roll. (kl) Borrower has received no notice of an actual or threatened condemnation or eminent domain proceeding by any public or quasi-public authority. (m) All the Improvements lie within the boundaries of the LandProperty. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Borrower has obtained or caused to be and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-all weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Except as disclosed to Lender in writing, to Borrower's ’s knowledge, All all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' ’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards, or, if located within any such area, Borrower has obtained or caused to be and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower has obtained all necessary certificates, licenses licenses, permits and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws and other similar laws. None of the Improvements lies outside of the boundaries of the Land or the applicable building restriction lines. No improvements on adjoining properties materially encroach upon the Land. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. The Property is served by public water and sewer systems. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) . Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ih) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower Owner has obtained (or caused to be obtained will obtain) all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in fullfull or are currently not past due. (h) Owner and/or Borrower has have paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Personal Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, all 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower Owner has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the LandProperty. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) Borrower has obtained or caused to be obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) The Property and the present use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar laws. (c) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (e) The Property is served by public water and sewer systems. (f) The Property is free from damage caused by fire or other casualty. (g) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (i) To the best of Borrower's knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART PETSMART OWES 16,697.00 AND PETsMART PETSMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower or caused Tenant (pursuant to be its Lease) has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (bc) The Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws and other similar laws. (cd) The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or, to the best of Borrower's knowledge, or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (ef) The Property is served by public water and sewer systems. (fg) The Property is free from damage caused by fire or other casualty. (gh) To the best of Borrower's knowledge, All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and for which Borrower is or may be responsible or which may otherwise become a lien upon the Property have been paid in full. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (ij) To the best of Borrower's best knowledge, 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) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (k) All the Improvements lie within the boundaries of the Land. (l) As to any declarations of covenants, conditions and restrictions or similar agreements that run with the Land (the "Declarations") to which PETsMART is a party or by which PETsMART or any Property or any portion thereof may be bound, and which are listed on Exhibit "C" hereto, except as may be specifically set forth in Exhibit "C": (i) All of the Declarations are in full force and effect in accordance with their respective terms, and none of the Declarations has been modified or amended; (ii) All work required under the Declarations to be performed by PETsMART as of the closing date and all work required under the Declarations to be performed by any third party for the benefit of PETsMART or the Property, as of the closing date, has been performed. (iii) There are no written or oral promises, agreements, understandings or commitments between PETsMART and any party to any of the Declarations other than those contained in the Declarations and the other instruments listed on said Exhibit "C"; and (iv) There is written claim of default under any of the Declarations by any party thereto which has not been cured; and to PETsMART's knowledge there exists no event which alone, or with notice or the lapse of time or both, would constitute a default under any of the Declarations by any party thereto. Neither PETsMART, the current or prior owner of any Property nor any Property is in default under any of the Declarations or in violation of any provision of any Declaration. All sums due and payable by PETsMART or the current owner of any Property under the Declarations as of the closing date have been paid in full prior to the closing date [[TO BE ADDED TO FLINT MORTGAGE] EXCEPT THAT THE CONDOMINIUM ASSOCIATION CLAIMS THAT PETsMART OWES 16,697.00 AND PETsMART BELIEVES IT ONLY OWES $4,871.46]]. There are no rights of first refusal or options to purchase any Property (or any part thereof) contained in the Declarations or in any other agreement affecting any Property (or any part thereof).