Common use of Status of Property Clause in Contracts

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there are no mechanics’ or similar liens or claims which have been filed for work, labor or material affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Lease) used in connection with the operation of each Individual Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrances. (i) Except as shown in the Environmental Reports, all liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage no Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there are no mechanics’ or similar liens or claims which have been filed for work, labor or material affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Lease) used in connection with the operation of each Individual Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instruments and the other Loan Documents. (i) Except as shown in the Environmental Reports, all liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Except as otherwise disclosed to Lender, Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which if any are addressed in Section 3.38(a) hereof) required for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown set forth in the Zoning ReportsReport, each Individual 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 Legal Requirements. (c) Each Individual The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual the Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual The Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual The Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown disclosed in the Property Physical Condition ReportsReport, (i) each Individual 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 respects, subject to reasonable wear and (ii) tear; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance PoliciesPolicy, 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 Legal Requirements could give rise to any such liens) affecting any Individual the Property which are or may be prior to or equal to the lien of the applicable Security InstrumentInstrument (other than liens that have either been bonded to the satisfaction of Lender, been fully insured to the satisfaction of Lender by the title company issuing the Title Insurance Policy or have otherwise been addressed in a manner approved by Lender). (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) Except as shown in the Environmental Reports, all liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed shown on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) Acts. Except as shown on the Survey, no part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance PoliciesPolicy or the Survey, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any contemplated improvements to any Individual the Property that may result in such special or other assessments. (m) Except Other than in connection with routine ongoing work and repairs, tenant build-out work required pursuant to the terms and provisions of Leases existing as set forth of the Closing Date and other work and repairs described on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold)VI hereto, none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual the Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual the Property which have not been paid for in full. (n) Borrower has no does not have any direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s businessPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits A true, correct and complete copy of the current temporary certificate of occupancy for the operation Property is attached hereto as Exhibit B (together with any renewal temporary certificate of such Tenant’s businessoccupancy for the Property, the “TCO”). Exhibit C sets forth a true, correct and complete description of the PCO Issuance Requirements. (b) Except as shown in To the Zoning Reportsbest of Borrower’s knowledge, each Individual the Property and the present and contemplated use and occupancy thereof are in full material compliance in all material respects with the TCO and all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Legal Requirements. (c) Each Individual The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual the Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual The Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual The Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as expressly shown in the Property Condition Reportsproperty condition reports delivered to Lender, (i) each Individual to the knowledge of Borrower, 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 and (ii) respects; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 Legal Requirements could give rise to any such liens) affecting any Individual the Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) Except as shown in To the Environmental Reportsknowledge of Borrower, all liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no Acts. No part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in expressly disclosed on the Title Insurance PoliciesSurvey, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledgeknowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any contemplated improvements to any Individual the Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower, any Mezzanine B Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there are no mechanics’ or similar liens or claims which have been filed for work, labor or material affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Lease) used in connection with the operation of each Individual Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrances. (i) Except as shown in the Environmental Reports, all liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, Mezzanine B Borrower or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. Except as disclosed in the Surveys, Title Insurance Policies, the Zoning Reports, the Property Conditions Reports and as otherwise expressly disclosed in writing by or on behalf of Borrower to Lender, to Bxxxxxxx’s actual knowledge: (a) Each Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage BorrowerBxxxxxxx’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to under each Triple Net Leased Property Fee Lease to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 Legal Requirements could give rise to any such liens) affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Lease) used in connection with the operation The use of each Individual Property, free Property by the applicable Tenant under the Leased Fee Lease and clear of the accessory uses will not violate in any and all security interests, liens material respect (i) any Legal Requirements (including any Environmental Laws) or encumbrances, except Permitted Encumbrances(ii) any building permits affecting any Individual Property or any part thereof. (i) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no Acts. No part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there There are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)for which Tenants are not responsible, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessmentsassessments for which Tenants under the Leased Fee Leases are not responsible. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. There is no such construction, repairs, alterations or improvements by Borrower ongoing at any Individual Property as of the Closing Date. There are no outstanding or disputed claims for any Work Charges and there are no outstanding liens or security interests in connection with any Work Charges. (n) Borrower has no direct employees.

Status of Property. (a) Borrower or Operating Tenant, as applicable, has obtained or caused Mortgage Borrower to obtain all Permits (material certificates, licenses, permits, franchises, consents, and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the ownership and operation of the Property and the conduct of its business (collectively, “Licenses”) and to Borrower’s best, actual knowledge, all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual The Property and the present and contemplated use and occupancy thereof are in full material compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Legal RequirementsApplicable Law. (c) Each Individual 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 each Individual the Property has accepted or is equipped to accept such utility service. The Property is served by public water and sewer systems. All utilities and public water and sewer systems serving the Property are adequate for the current or contemplated use thereof. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual The Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) respects; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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. (gf) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 any Individual the Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (hg) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrances. (ih) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in material compliance in all material respects with all Legal RequirementsApplicable Law. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the 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 (iiwill maintain the insurance prescribed in Section 7.1(a) no hereof. No part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (kj) Except as set forth in for encroachments that are insured against pursuant to the Title Insurance PoliciesPolicy or otherwise do not cause a Material Adverse Effect, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the LandLand and no improvements on adjoining properties encroach onto the Property. (lk) To Borrower’s knowledgeknowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any contemplated improvements to any Individual the Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (material certificates, licenses, permits, franchises, consents, and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the ownership and operation of Borrower’s the Property and the conduct of its business (collectively, “Licenses”) and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual 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 Legal RequirementsApplicable Law. (c) Each Individual 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 each Individual the Property has accepted or is equipped to accept such utility service. The Property is served by public water and sewer systems. All utilities and public water and sewer systems serving the Property are adequate for the current or contemplated use thereof. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual The Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown may be disclosed in the Property Condition Reportsproperty condition report obtained by Lender in connection with the Loan, (i) each Individual 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 (ordinary wear and (ii) tear excepted); to Borrower’s knowledge, there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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. (gf) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 any Individual the Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (hg) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (ih) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal RequirementsApplicable Law. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the 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 (iiwill maintain the insurance prescribed in Section 9.1(a) no hereof. No part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (kj) Except as set forth in for encroachments that are insured against pursuant to the Title Insurance PoliciesPolicy or otherwise do not cause a Material Adverse Effect, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the LandLand and no improvements on adjoining properties encroach onto the Property. (lk) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any presently contemplated improvements to any Individual the Property by Borrower that may could reasonably be expected to result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) To Borrower’s knowledge, Borrower has obtained or caused Mortgage Borrower to obtain all Permits (necessary certificates, licenses and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the operation of Borrower’s each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not presently subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning ReportsTo Borrower’s knowledge, each Individual Property and the present and contemplated use and occupancy thereof are in full material compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Legal RequirementsApplicable Law. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) Each Individual Property is served by public water and sewer systems. (e) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown for any matters disclosed in the Property Condition Reportsproperty condition report delivered to Administrative Agent with respect to the Property, (i) each Individual 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 and (ii) respects; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All To Borrower’s knowledge, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements have been paid in full (other than approximately $250,000.00 remaining to be paid by USAA to various paving and incurred as roofing subcontractors for the completion of the date hereof have been or will be paid in fullImprovements located at the Xxxxxxxx Property). Except as shown on the Title Insurance PoliciesTo Borrower’s knowledge, 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 any Individual the Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) Except as shown in the Environmental ReportsTo Borrower’s knowledge, all liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal RequirementsApplicable Law. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the 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 (iiwill maintain the insurance prescribed in Section 7.1(a) hereof. To Borrower’s knowledge, no part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth may be shown on any survey delivered to Administrative Agent in connection with the Title Insurance PoliciesLoan, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any contemplated public improvements to any Individual the Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (material certificates, licenses, permits, franchises, consents and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the ownership and operation of Borrower’s the Property and the conduct of its business (collectively, “Licenses”) and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Individual The Property and the present and contemplated use and occupancy thereof are in full material compliance in all material respects with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Legal RequirementsApplicable Law. (c) Each Individual 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 each Individual the Property has accepted or is equipped to accept such utility service. The Property is served by public water and sewer systems. All utilities and public water and sewer systems serving the Property are adequate for the current or contemplated use thereof. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual The Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached heretoTo Borrower’s knowledge, each Individual the Property is free from material damage caused by fire or other casualty. Except as shown in To Borrower’s knowledge, the Property Condition Reports, (i) each Individual 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 and (ii) respects. To Borrower’s knowledge, there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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. (gf) All To Borrower’s knowledge, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance PoliciesTo Borrower’s knowledge, 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 any Individual the Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (hg) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (ih) Except as shown in the Environmental ReportsTo Borrower’s knowledge, all liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal RequirementsApplicable Law. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the 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 (iiwill maintain the insurance prescribed in Section 7.1(a) no hereof. No part of any Individual the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (kj) Except as set forth in for encroachments that are insured against pursuant to the Title Insurance PoliciesPolicy or otherwise do not cause a Material Adverse Effect, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the LandLand and no improvements on adjoining properties encroach onto the Property. (lk) To Borrower’s knowledgeknowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)the Property, nor are there any contemplated improvements to any Individual the Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which if any are addressed in Section 3.38(a) hereof) required for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown set forth in the Zoning Reports, each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Each Individual Property is free from material damage caused by fire or other casualty. Except as shown disclosed in the Property applicable Physical Condition ReportsReport, (i) each Individual 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 respects, subject to reasonable wear and (ii) tear; there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, 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 Legal Requirements could give rise to any such liens) affecting any Individual Property which are or may be prior to or equal to the lien of the applicable related Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual Propertythe Properties, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instruments and the other Loan Documents. (i) Except as shown in the Environmental Reports, all liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed shown on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) Acts. Except as shown on the Survey, no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance PoliciesPolicies or the Survey, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledgeknowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)Property, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except for certain striping of parking spaces as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold)Post Closing Agreement, none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. Except for certain striping of parking spaces as set forth in the Post Closing Agreement, (x) there is no such construction, repairs, alterations or improvements ongoing at any Individual Property as of the Closing Date and (y) there are no outstanding or disputed claims for any Work Charges and there are no outstanding liens or security interests in connection with any Work Charges. (n) No Borrower has no any direct employees.

Status of Property. (a) Except as specifically set forth on Schedule 3.12 attached hereto, Borrower has obtained or caused Mortgage Borrower to obtain all Permits (necessary certificates, licenses and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the operation of Borrower’s the Properties and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in specifically set forth on Schedule 3.12 attached hereto, to the Zoning Reportsbest of Borrower’s knowledge, each Individual 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 Legal Requirements, except for immaterial violations that do not have a Material Adverse Effect. Without limiting the foregoing, as of the date hereof and for as long as Borrower has owned the Stevensville, MI Individual Property, Borrower has been in compliance with all Environmental Laws relating to such Individual Property, including without limitation any requirements of “due care” under such Environmental Laws or any other Applicable Law. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and the each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable such Individual Property. (e) Each Individual Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Each Individual 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 a reasonably good condition, order and repair in all material respects and (ii) respects; to Borrower’s knowledge, there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual Propertythe Properties, free and clear (after payment of any existing lenders and the liens thereof from the proceeds of the Loan) of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instruments and the other Loan Documents. (i) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual Property the Properties are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the 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 (iiwill maintain the insurance prescribed in Section 7.1(a) no hereof. No part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledgeknowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)Property, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

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, 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 located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof, if required under the terms of that Section. (b) Borrower has obtained or caused Mortgage Borrower and provided copies to obtain Lender of all Permits. The Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s business, all of which foregoing are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (bc) Except as shown in the Zoning Reports, each Individual 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, and Environmental Laws and other similar Legal Requirementslaws. Borrower and the Property each comply in all material respects with Prescribed Laws. (cd) Each Individual The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual the Property has accepted or is equipped to accept such utility service.. 34 (de) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (ef) Each Individual The Property is served by public water and sewer systems. (fg) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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. (gh) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there are no mechanics’ or similar liens or claims which have been filed for work, labor or material affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (hi) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenantstenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created hereby. (ij) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal RequirementsApplicable Laws. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. With respect to each Real ------------------ Property Asset, except as set forth on Schedule 12: (a) 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, Borrower or the respective Loan Party has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed and will maintain the insurance prescribed in Section 3.38(a5.03 hereof. (b) hereof) Borrower or the respective Loan Party has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of Borrower’s the Real Property Asset and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s businesshereof. (bc) Except as shown in To the Zoning Reportsbest knowledge of Borrower or the REIT, each Individual the Real Property Asset and the present and contemplated use and occupancy thereof are in full compliance in all material respects 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 Legal Requirementslaws. (cd) Each Individual 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 each Individual the Real Property Asset has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached heretoThe Real Property Asset is served by public water and sewer systems or, each Individual 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. (g) Neither Borrower nor the respective Loan Party 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 material damage caused by fire or other casualty. Except as shown in There is no pending or, to the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none actual knowledge of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Propertythe REIT, threatened condemnation proceedings affecting the Real Property Asset, 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. (gh) All To the best knowledge of Borrower or the REIT, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of improvements on the date hereof Real Property Asset have either (i) been or will be paid in full, (ii) are not yet due and payable or (iii) are being contested in good faith by Borrower or the applicable Loan Party. Except Subject to Borrower's or the respective Loan Party's right to contest as shown on the Title Insurance Policiesset forth in any Permitted Mortgage Debt related to such Real Property Asset, there are no mechanics’ ' or similar liens or claims which that have been filed and recorded for work, labor or material affecting any Individual materials that affects the Real Property which Asset and that are or may be liens prior to to, or equal to coordinate with, the lien of the applicable this Security Instrument. (hi) Mortgage Borrower or the respective Loan Party has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leasetenants' property) used in connection with the operation of each Individual Propertythe Real Property Asset, free and clear of any and all security interests, liens or encumbrances, except for Permitted EncumbrancesLiens and purchase money financing which is not a Lien on the fee title of such Real Property Asset and is incurred in the ordinary course of business. (ij) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Real Property Asset are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow landsApplicable Laws. (k) Except as set forth in All amenities, access routes or other items that materially benefit the Title Insurance PoliciesReal Property Asset are under direct control of Borrower or the respective Loan Party, constitute permanent easements that benefit all the Improvements lie within the boundaries or part of the Land Real Property Asset or are public property, and any building restriction lines applicable 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 Landnecessary permits for ingress and egress. (l) To Borrower’s knowledge, there There are no pending or proposed special delinquent taxes, ground rents, water charges, sewer rents, assessments (including assessments payable in future installments), insurance premiums, leasehold payments, or other assessments for public improvements or otherwise outstanding charges affecting any Individual the Real Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessmentsAsset. (m) Except The Real Property Asset is assessed for real estate tax purposes as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold)one or more wholly independent tax lot or lots, none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for separate from any construction, repairs, alterations adjoining land or improvements to be made on not constituting a part of such lot or to any Individual Property which have not been completed lots, and paid for in full, (ii) ordered materials for any such construction, repairs, alterations no other land or improvements which have not been paid for in full is assessed and taxed together with the Real Property Asset or (iii) attached any fixtures to any Individual Property which have not been paid for in fullportion thereof. (n) With respect to Leases which relate to Real Property Assets owned by Borrower or the respective Loan Party, (i) Borrower or the respective Loan Party is the sole owner of the entire lessor's interest in the Leases; (ii) to the best knowledge of Borrower or the REIT, the Leases are valid and enforceable; (iii) the terms of all alterations, modifications and amendments to the Leases are reflected in the certified occupancy statement delivered to and approved by Agent; (iv) with respect to the Unencumbered Assets none of the rents reserved in the Leases have been assigned or otherwise pledged or hypothecated; (v) none of the rents have been collected for more than one (1) month in advance; (vi) 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; (vii) to the best knowledge of Borrower or the REIT, there exist no offsets or defenses to the payment of any portion of the rents; (viii) with respect to Unencumbered Assets no Lease contains an option to purchase, right of first refusal to purchase, or any other similar provision; (ix) no person or entity has any possessory interest in, or right to occupy, the Real Property Asset except under and pursuant to a Lease; (x) with respect to Unencumbered Assets, there are no direct employeesprior 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 (xi) the Real Property Asset is not subject to any Lease other than the Leases described in the rent rolls delivered pursuant to Section 5.01(a). (o) No portion of the Real Property Asset has been or will be purchased with proceeds of any illegal activity. (p) All contracts, agreements, consents, waivers, documents and writings of every kind or character at any time to which the Borrower or any Loan Party is a party to be delivered to Agent pursuant to any of the provisions hereof are valid and enforceable against the Borrower and such Loan Party and, to the best knowledge of Borrower, are enforceable against all other parties thereto, and in all respects are what they purport to be and, to the best knowledge of Borrower, to the extent that any such writing shall impose any obligation or duty on the party thereto or constitute a waiver of any rights which any such party might otherwise have, said writing shall be valid and enforceable against said party in accordance with the terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of creditors generally.

Status of Property. With respect to each Real ------------------ Property Asset, except as set forth on Schedule 12: (a) 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, Borrower or the respective Loan Party has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed and will maintain the insurance prescribed in Section 3.38(a5.03 hereof. (b) hereof) Borrower or the respective Loan Party has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of Borrower’s the Real Property Asset and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s businesshereof. (bc) Except as shown in To the Zoning Reportsbest knowledge of Borrower or the REIT, each Individual the Real Property Asset and the present and contemplated use and occupancy thereof are in full compliance in all material respects 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 Legal Requirementslaws. (cd) Each Individual 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 each Individual the Real Property Asset has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by water and sewer systems. (f) Except as set forth on Schedule XXIV attached heretoThe Real Property Asset is served by public water and sewer systems or, each Individual 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. (g) Neither Borrower nor the respective Loan Party 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 material damage caused by fire or other casualty. Except as shown in There is no pending or, to the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none actual knowledge of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Propertythe REIT, threatened condemnation proceedings affecting the Real Property Asset, 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. (gh) All To the best knowledge of Borrower or the REIT, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of improvements on the date hereof Real Property Asset have either (i) been or will be paid in full, (ii) are not yet due and payable or (iii) are being contested in good faith by Borrower or the applicable Loan Party. Except Subject to Borrower's or the respective Loan Party's right to contest as shown on the Title Insurance Policiesset forth in any Permitted Mortgage Debt related to such Real Property Asset, there are no mechanics’ ' or similar liens or claims which that have been filed and recorded for work, labor or material affecting any Individual materials that affects the Real Property which Asset and that are or may be liens prior to to, or equal to coordinate with, the lien of the applicable this Security Instrument. (hi) Mortgage Borrower or the respective Loan Party has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leasetenants' property) used in connection with the operation of each Individual Propertythe Real Property Asset, free and clear of any and all security interests, liens or encumbrances, except for Permitted EncumbrancesLiens and purchase money financing which is not a Lien on the fee title of such Real Property Asset and is incurred in the ordinary course of business. (ij) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Real Property Asset are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow landsApplicable Laws. (k) Except as set forth in All amenities, access routes or other items that materially benefit the Title Insurance PoliciesReal Property Asset are under direct control of Borrower or the respective Loan Party, constitute permanent easements that benefit all the Improvements lie within the boundaries or part of the Land Real Property Asset or are public property, and any building restriction lines applicable 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 Landnecessary permits for ingress and egress. (l) To Borrower’s knowledge, there There are no pending or proposed special delinquent taxes, ground rents, water charges, sewer rents, assessments (including assessments payable in future installments), insurance premiums, leasehold payments, or other assessments for public improvements or otherwise outstanding charges affecting any Individual the Real Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessmentsAsset. (m) Except The Real Property Asset is assessed for real estate tax purposes as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold)one or more wholly independent tax lot or lots, none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for separate from any construction, repairs, alterations adjoining land or improvements to be made on not constituting a part of such lot or to any Individual Property which have not been completed lots, and paid for in full, (ii) ordered materials for any such construction, repairs, alterations no other land or improvements which have not been paid for in full is assessed and taxed together with the Real Property Asset or (iii) attached any fixtures to any Individual Property which have not been paid for in fullportion thereof. (n) Subject to the provisions of the Security Instrument which shall govern with respect to Mortgaged Assets, with respect to Leases which relate to Real Property Assets owned by Borrower or the respective Loan Party, (i) Borrower or the respective Loan Party is the sole owner of the entire lessor's interest in the Leases; (ii) to the best knowledge of Borrower or the REIT, the Leases are valid and enforceable; (iii) the terms of all alterations, modifications and amendments to the Leases are reflected in the certified occupancy statement delivered to and approved by Agent; (iv) with respect to the Mortgaged Assets none of the rents reserved in the Ledvance; (vi) 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; (vii) to the best knowledge of Borrower or the REIT, there exist no offsets or defenses to the payment of any portion of the rents; (viii) with respect to Mortgaged Assets no Lease contains an option to purchase, right of first refusal to purchase, or any other similar provision; (ix) no person or entity has any possessory interest in, or right to occupy, the Real Property Asset except under and pursuant to a Lease; (x) with respect to Mortgaged Assets, there are no direct employeesprior 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 (xi) the Real Property Asset is not subject to any Lease other than the Leases described in the rent rolls delivered pursuant to Section 5.01(a). (o) No portion of the Real Property Asset has been or will be purchased with proceeds of any illegal activity. (p) All contracts, agreements, consents, waivers, documents and writings of every kind or character at any time to which the Borrower or any Loan Party is a party to be delivered to Agent pursuant to any of the provisions hereof are valid and enforceable against the Borrower and such Loan Party and, to the best knowledge of Borrower, are enforceable against all other parties thereto, and in all respects are what they purport to be and, to the best knowledge of Borrower, to the extent that any such writing shall impose any obligation or duty on the party thereto or constitute a waiver of any rights which any such party might otherwise have, said writing shall be valid and enforceable against said party in accordance with the terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the rights of 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, 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, if required under the terms of that section. (b) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (necessary certificates, licenses and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the operation of Borrower’s the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation of such Tenant’s business. (bc) Except as shown in the Zoning Reports, each Individual 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 Legal Requirementslaws. (cd) Each Individual The Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual the Property has accepted or is equipped to accept such utility service. (de) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (ef) Each Individual The Property is served by public water and sewer systems. (fg) Except as set forth on Schedule XXIV attached hereto, each Individual The Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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. (gh) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there are no mechanics’ or similar liens or claims which have been filed for work, labor or material affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (hi) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenantstenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual the Property, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created hereby. (ij) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual the Property are in a good and safe condition and repair and in compliance in all material respects with all Legal RequirementsApplicable Laws. (j) Except as expressly disclosed on the Survey, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof), nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.

Status of Property. Except as disclosed in the Surveys, Title Insurance Policies, the Zoning Reports, the Property Conditions Reports and as otherwise expressly disclosed in writing by or on behalf of Borrower to Lender, to Borrower’s actual knowledge: (a) Each Borrower has obtained or caused Mortgage Borrower to obtain all Permits (other than Health Care Licenses which are addressed in Section 3.38(a) hereof) for the operation of Borrower’s or Mortgage Borrower’s business, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts to cause each Tenant with respect to under each Triple Net Leased Property Fee Lease to obtain all Permits for the operation of such Tenant’s business. (b) Except as shown in the Zoning Reports, each Each Individual 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 Legal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Each Individual 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 and (ii) there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 Legal Requirements could give rise to any such liens) affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Lease) used in connection with the operation The use of each Individual Property, free Property by the applicable Tenant under the Leased Fee Lease and clear of the accessory uses will not violate in any and all security interests, liens material respect (i) any Legal Requirements (including any Environmental Laws) or encumbrances, except Permitted Encumbrances(ii) any building permits affecting any Individual Property or any part thereof. (i) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual Property are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Survey, (i) no No portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no Acts. No part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, there There are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)for which Tenants are not responsible, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessmentsassessments for which Tenants under the Leased Fee Leases are not responsible. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. There is no such construction, repairs, alterations or improvements by Borrower ongoing at any Individual Property as of the Closing Date. There are no outstanding or disputed claims for any Work Charges and there are no outstanding liens or security interests in connection with any Work Charges. (n) Borrower has no direct employees.

Status of Property. (a) Borrower has obtained or caused Mortgage Borrower to obtain all Permits (necessary certificates, licenses and other than Health Care Licenses which are addressed in Section 3.38(a) hereof) approvals, governmental and otherwise, necessary for the operation of Borrower’s the Properties and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or Mortgage Borrower’s businessapprovals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. Mortgage Borrower has used commercially reasonable efforts , subject, however, to cause each Tenant with respect to each Triple Net Leased Property to obtain all Permits for the operation legal nonconforming use of such Tenant’s businessthe Properties identified on Schedule II attached hereto. (b) Except as shown in the Zoning Reports, each Each Individual 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 Legal Requirements, subject, however, to the legal nonconforming use of the Properties identified on Schedule II attached hereto. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All utility service is provided by public utilities and each Individual Property has accepted or is equipped to accept such utility service. (d) All public roads and streets necessary for service of and access to each Individual 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. Each Individual Property has either direct access to such public roads or streets or access to such public roads or streets by virtue of a perpetual easement or similar agreement inuring in favor of Mortgage Borrower and any subsequent owners of the applicable such Individual Property. (e) Each Individual Property is served by public water and sewer systems. (f) Except as set forth on Schedule XXIV attached hereto, each Each Individual Property is free from material damage caused by fire or other casualty. Except as shown in the Property Condition Reports, (i) each Each Individual 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 and (ii) respects; to Borrower’s knowledge there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and none of Borrower, any Mezzanine A Borrower or any Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual 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) All costs and expenses of any and all labor, materials, supplies and equipment used in the construction of the Improvements and incurred as of the date hereof have been or will be paid in full. Except as shown on the Title Insurance Policies, there 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 Legal Requirements could give rise to any such liens) affecting any Individual Property which are or may be prior to or equal to the lien of the applicable Security Instrument. (h) Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ and subtenants’ property or the property subject to a Permitted Equipment Leaseproperty) used in connection with the operation of each Individual Propertythe Properties, free and clear of any and all security interests, liens or encumbrances, except Permitted Encumbrancesthe lien and security interest created by this Agreement, the Note, the Security Instruments and the other Loan Documents. (i) Except as shown in the Environmental Reports, all All liquid and solid waste disposal, septic and sewer systems located on each Individual Property the Properties are in a good and safe condition and repair and in compliance in all material respects with all Legal Requirements. (j) Except as expressly disclosed on the Surveyany Survey delivered in connection with this Loan, (i) no portion of the Improvements is located in an area identified by the Federal Emergency Management Agency or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts and (ii) no Acts. No part of any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) Except as set forth in the Title Insurance Policies, all All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s knowledge, knowledge there are no pending or proposed special or other assessments for public improvements or otherwise affecting any Individual Property (or any portion thereof)Property, nor are there any contemplated improvements to any Individual Property that may result in such special or other assessments. (m) Except as set forth on Schedule XXV and except for projects costing less than $100,000 (which projects costing less than $100,000 and not listed on Schedule XXV are not in excess of the Alteration Threshold), none of Borrower, Mezzanine A Borrower, or Mortgage Borrower has (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to any Individual Property which have not been completed and paid for in full, (ii) ordered materials for any such construction, repairs, alterations or improvements which have not been paid for in full or (iii) attached any fixtures to any Individual Property which have not been paid for in full. (n) Borrower has no direct employees.