Common use of Status of Property Clause in Contracts

Status of Property. (a) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, each Individual Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar 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 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 Borrower and any subsequent owners of the applicable Individual Property. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Property is free from damage caused by fire or other casualty. The Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) 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. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable Law. (j) 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 will maintain the insurance prescribed in Section 7.1(a) hereof. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments.

Status of Property. (a) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, each Individual the Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Applicable Law. (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 the Property has accepted or is equipped to accept such utility service. (d) Each Individual The Property is served by public water and sewer systems. (e) 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 Borrower and any subsequent owners of the applicable Individual Property. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Property is free from damage caused by fire or other casualty. The Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) 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. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable Law. (j) 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 will maintain the insurance prescribed in Section 7.1(a) hereof. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments.

Status of Property. (a) To Borrower’s knowledge, Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise disclosed expressly and specifically noted in the Third Party Reports, to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanBorrower’s knowledge, each Individual Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Applicable LawLegal 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 the 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 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 otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the The Property is free from damage caused by fire or other casualty. The Except as expressly and specifically noted in the Third Party Reports, to Borrower’s knowledge, the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) 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. 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 applicable Legal Requirements could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All Except as expressly and specifically noted in the Third Party Reports, to Borrower’s knowledge, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, and in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as expressly disclosed on 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 actual knowledge after due inquiryknowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments. (m) Borrower has not (i) made, ordered or contracted for any construction, repairs, alterations or improvements to be made on or to the Property which have not been completed and paid for in full, other than the Scheduled PIP, (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 the Property which have not been paid for in full. There is no such construction, repairs, alterations or improvements ongoing at the Property as of the Closing Date, other than the Scheduled PIP. 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. All other personnel employed at or in connection with the Property are the direct employees of Manager.

Status of Property. Except as would not be reasonably likely to have an Individual Material Adverse Effect on any Individual Property or an Aggregate Material Adverse Effect and except as disclosed on Schedule XV attached hereto: (a) Except as may be disclosed in the zoning reports provided or made available to Administrative Agent, Borrower or each Tenant has obtained obtained, as applicable, all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise may be disclosed in the zoning reports provided or made available to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanAdministrative Agent, 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 Applicable LawLegal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All To Borrower’s actual knowledge, all utility service is provided by public utilities and the 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 Except as expressly disclosed on the Survey, 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 Except as expressly disclosed on the Survey, 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 Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by public water and sewer systems or other legally compliant private water and sewer systems. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Each Individual Property is free from damage caused by fire or other casualty. The Except as disclosed in the property condition reports provided or made available to Administrative Agent, or otherwise disclosed to Administrative Agent by Borrower in writing, 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 tear excepted; to Borrower's actual knowledge, there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) All costs and expenses of any and all labor, materials, supplies and equipment incurred by Borrower and used in the construction of the Improvements have been or will be timely paid in full. There Except as disclosed in the Title Insurance Policies, to Borrower’s actual 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 applicable Legal Requirements could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ propertyproperty or the property subject to a Permitted Equipment Lease) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All Except as disclosed in the property condition reports provided or made available to Administrative Agent, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, to Borrower's actual knowledge, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as expressly disclosed on the Survey, to Borrower's actual knowledge, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are Borrower has received no written notice of any pending or proposed special or other assessments for public improvements or otherwise affecting the Property. (m) Except in connection with routine repairs and maintenance in the ordinary course of business and tenant improvements, nor are there Borrower has not (i) made, ordered or contracted for any contemplated construction, repairs, alterations or improvements to be made on or to the Property that may result which have not been completed and paid for in full (or shall be paid prior to delinquency), (ii) ordered materials for any such special construction, repairs, alterations or other assessmentsimprovements which have not been paid for in full (or shall be paid prior to delinquency) or (iii) attached any fixtures to the Property which have not been paid for in full (or shall be paid prior to delinquency). There is no such construction, repairs, alterations or improvements ongoing at the 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. Any personnel employed at or in connection with the Property are the direct employees of Manager or the applicable Tenant.

Status of Property. (a) Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, each Individual The Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Applicable LawLegal 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 the 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 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 Borrower and any subsequent owners of the applicable Individual Property. (e) The Property is served by public water and sewer systems. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the The Property is free from damage caused by fire or other casualty. The Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) 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. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, and in compliance with all Applicable LawLegal Requirements. (j) 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 will maintain the insurance prescribed in Section 7.1(a) hereof. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments.

Status of Property. Except as would not be reasonably likely to have an Individual Material Adverse Effect on any Individual Property or an Aggregate Material Adverse Effect and except as disclosed on Schedule XV attached hereto: (a) Except as may be disclosed in the zoning reports provided or made available to Lender, Borrower or each Tenant has obtained obtained, as applicable, all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise may be disclosed in the zoning reports provided or made available to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanLender, 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 Applicable LawLegal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All To Borrower’s actual knowledge, all utility service is provided by public utilities and the 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 Except as expressly disclosed on the Survey, 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 Except as expressly disclosed on the Survey, 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 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 otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Each Individual Property is free from damage caused by fire or other casualty. The Except as disclosed in the property condition reports provided or made available to Lender, or otherwise disclosed to Lender by Borrower in writing, 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 tear excepted; to Bxxxxxxx's actual knowledge, there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) All costs and expenses of any and all labor, materials, supplies and equipment incurred by Bxxxxxxx and used in the construction of the Improvements have been or will be timely paid in full. There Except as disclosed in the Title Insurance Policies, to Bxxxxxxx’s actual 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 applicable Legal Requirements could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ propertyproperty or the property subject to a Permitted Equipment Lease) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All Except as disclosed in the property condition reports provided or made available to Lender, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, to Bxxxxxxx's actual knowledge, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as expressly disclosed on the Survey, to Bxxxxxxx's actual knowledge, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are Borrower has received no written notice of any pending or proposed special or other assessments for public improvements or otherwise affecting the Property. (m) Except in connection with routine repairs and maintenance in the ordinary course of business and tenant improvements, nor are there Borrower has not (i) made, ordered or contracted for any contemplated construction, repairs, alterations or improvements to be made on or to the Property that may result which have not been completed and paid for in full (or shall be paid prior to delinquency), (ii) ordered materials for any such special construction, repairs, alterations or other assessmentsimprovements which have not been paid for in full (or shall be paid prior to delinquency) or (iii) attached any fixtures to the Property which have not been paid for in full (or shall be paid prior to delinquency). There is no such construction, repairs, alterations or improvements ongoing at the 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. Any personnel employed at or in connection with the Property are the direct employees of Manager or the applicable Tenant.

Status of Property. Except as would not be reasonably likely to have an Individual Material Adverse Effect on any Individual Property or an Aggregate Material Adverse Effect and except as disclosed on Schedule XV attached hereto: (a) Except as may be disclosed in the zoning reports provided or made available to Lender, Borrower or each Tenant has obtained obtained, as applicable, all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise may be disclosed in the zoning reports provided or made available to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanLender, 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 Applicable LawLegal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All To Borrower’s actual knowledge, all utility service is provided by public utilities and the 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 Except as expressly disclosed on the Survey, 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 Except as expressly disclosed on the Survey, 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 Borrower and any subsequent owners of the applicable Individual Property. (e) Each Individual Property is served by public water and sewer systems or other legally compliant private water and sewer systems. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Each Individual Property is free from damage caused by fire or other casualty. The Except as disclosed in the property condition reports provided or made available to Lender, or otherwise disclosed to Lender by Borrower in writing, 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 tear excepted; to Bxxxxxxx's actual knowledge, there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) All costs and expenses of any and all labor, materials, supplies and equipment incurred by Bxxxxxxx and used in the construction of the Improvements have been or will be timely paid in full. There Except as disclosed in the Title Insurance Policies, to Bxxxxxxx’s actual 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 applicable Legal Requirements could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ propertyproperty or the property subject to a Permitted Equipment Lease) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All Except as disclosed in the property condition reports provided or made available to Lender, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, to Bxxxxxxx's actual knowledge, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as expressly disclosed on the Survey, to Bxxxxxxx's actual knowledge, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are Borrower has received no written notice of any pending or proposed special or other assessments for public improvements or otherwise affecting the Property. (m) Except in connection with routine repairs and maintenance in the ordinary course of business and tenant improvements, nor are there Borrower has not (i) made, ordered or contracted for any contemplated construction, repairs, alterations or improvements to be made on or to the Property that may result which have not been completed and paid for in full (or shall be paid prior to delinquency), (ii) ordered materials for any such special construction, repairs, alterations or other assessmentsimprovements which have not been paid for in full (or shall be paid prior to delinquency) or (iii) attached any fixtures to the Property which have not been paid for in full (or shall be paid prior to delinquency). There is no such construction, repairs, alterations or improvements ongoing at the 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. Any personnel employed at or in connection with the Property are the direct employees of Manager or the applicable Tenant.

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the Flood Insurance Acts or, if any portion of the Improvements is located within such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (b) To the best of Borrower's knowledge, after due inquiry and investigation, Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the Borrower's operation of each Individual the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not currently subject to revocation, suspension, forfeiture or modification. (bc) Except as otherwise disclosed to Lender by Borrower in writing in connection with To the closing best of the Loan or as otherwise disclosed to Lender in Borrower's knowledge, after due inquiry and investigation, there are no violations of any third party report delivered in connection with the closing of the Loan, each Individual Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and environmental laws or other similar Applicable Lawlaws applicable to the Property or the use and occupancy thereof which would have a material adverse effect on the value, operation or net operating income of the Property. (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 the 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 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 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 Borrower and any subsequent owners of the applicable Individual Property. (f) Except as otherwise disclosed to Lender The Property is served by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. The Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (gh) 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. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (hi) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except (i) the lien and security interest created by this Agreementhereby, (ii) commercially reasonably equipment leases having payments that do not exceed $100,000 per year and (iii) the Note, the Security Instrument and the other Loan Documentsliens set forth on Schedule 2 attached hereto. (ij) All liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, and in material compliance with all Applicable LawLaws. (j) 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 will maintain the insurance prescribed in Section 7.1(a) hereof. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments.

Status of Property. (a) Each Borrower has obtained all necessary certificates, licenses licenses, permits, franchises, consents and other approvals, governmental and otherwise, necessary for the ownership and operation of each Individual the Property and the conduct of its business (collectively, “Licenses”) and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modificationmodification based upon any facts known to Borrowers. (b) Except as otherwise disclosed in a written zoning report delivered to Lender by Borrower in writing in connection with prior to the closing of date hereof, the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, each Individual Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Applicable Law. (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 the Property has accepted or is equipped to accept such utility service. (d) Each Individual . 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. (ed) All Except as disclosed in the survey of the Property delivered to Lender in connection with the Loan (i) 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 completed and are physically and legally open for use by the public. Each Individual , and (ii) 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 Borrower Borrowers and any subsequent owners of the applicable Individual Property. (fe) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the The Property is free from damage caused by fire or other casualty. The Except as disclosed in the Physical Conditions Report (i) 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, subject to normal wear and usage; and (ii) there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and . Neither Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (gf) 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. There are no mechanics’ or -29- similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (hg) Each Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (ih) All Except as disclosed in the Physical Conditions Report, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, and in compliance with all Applicable Law. (ji) 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, or if identified in such an area the Property is located at such an elevation that no flood insurance is required, or if any portion of the Improvements is located within such area, Borrower has Borrowers have obtained and will maintain the insurance prescribed in Section 7.1(a) hereof. No Except as shown on that certain Survey, dated ___________, 2013, prepared by Xxxxxx Engineering and Environmental Services with respect to the Property, no part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (kj) All Except for encroachments that are insured against pursuant to the Title Insurance Policy or otherwise do not cause a Material Adverse Effect, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the LandLand and no improvements on adjoining properties encroach onto the Property. (lk) To each Borrower’s actual knowledge after due inquiry, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the Property, nor are there any contemplated improvements to the Property that may result in such special or other assessments.

Status of Property. Except as would not be reasonably likely to have an Individual Material Adverse Effect on any Individual Property or an Aggregate Material Adverse Effect and except as disclosed on Schedule XV attached hereto: (a) Except as may be disclosed in the zoning reports provided or made available to Lender, Borrower or each Tenant has obtained obtained, as applicable, all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (b) Except as otherwise may be disclosed in the zoning reports provided or made available to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanLender, 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 Applicable LawLegal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All To Borrower’s actual knowledge, all utility service is provided by public utilities and the 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 Except as expressly disclosed on the Survey, 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 Except as expressly disclosed on the Survey, 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 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 otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Each Individual Property is free from damage caused by fire or other casualty. The Except as disclosed in the property condition reports provided or made available to Lender, or otherwise disclosed to Lender by Borrower in writing, 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 tear excepted; to Xxxxxxxx's actual knowledge, there exists no structural or other material defects or damages in the Property, whether latent or otherwise, and Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond. (g) All costs and expenses of any and all labor, materials, supplies and equipment incurred by Xxxxxxxx and used in the construction of the Improvements have been or will be timely paid in full. There Except as disclosed in the Title Insurance Policies, to Xxxxxxxx’s actual 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 applicable Legal Requirements could give rise to any such liens) affecting the Property which are or may be prior to or equal to the lien of the Security Instrument. (h) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ propertyproperty or the property subject to a Permitted Equipment Lease) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Loan Documents. (i) All Except as disclosed in the property condition reports provided or made available to Lender, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, to Xxxxxxxx's actual knowledge, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as expressly disclosed on the Survey, to Xxxxxxxx's actual knowledge, all the Improvements lie within the boundaries of the Land and any building restriction lines applicable to the Land. (l) To Borrower’s actual knowledge after due inquiry, there are Borrower has received no written notice of any pending or proposed special or other assessments for public improvements or otherwise affecting the Property. (m) Except in connection with routine repairs and maintenance in the ordinary course of business and tenant improvements, nor are there Borrower has not (i) made, ordered or contracted for any contemplated construction, repairs, alterations or improvements to be made on or to the Property that may result which have not been completed and paid for in full (or shall be paid prior to delinquency), (ii) ordered materials for any such special construction, repairs, alterations or other assessmentsimprovements which have not been paid for in full (or shall be paid prior to delinquency) or (iii) attached any fixtures to the Property which have not been paid for in full (or shall be paid prior to delinquency). There is no such construction, repairs, alterations or improvements ongoing at the 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. Any personnel employed at or in connection with the Property are the direct employees of Manager or the applicable Tenant.

Status of Property. (a) Each of Borrower, Mezzanine A Borrower and Mortgage Borrower has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of each Individual Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvalsPermits, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification, except where the failure to obtain or keep in full force and effect such Permits would not reasonably be expected to have a Material Adverse Effect. (b) Except as otherwise disclosed set forth on Schedule XXV attached hereto (with respect to Lender by Borrower the building violations at the Xxxxxx Property which are also addressed in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the LoanPost Closing Agreement), each Individual Property and the present and contemplated use and occupancy thereof are in full compliance with all applicable zoning ordinances, building codes, land use laws, Environmental Laws and other similar Applicable LawLegal Requirements. (c) Each Individual Property is served by all utilities required for the current or contemplated use thereof. All Except as set forth on Schedule XXV attached hereto (with respect to certain waste disposal services identified on such Schedule), all utility service is provided by public utilities and the 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 public water and sewer systems. (f) Except as otherwise disclosed to Lender by Borrower in writing in connection with the closing of the Loan or as otherwise disclosed to Lender in any third party report delivered in connection with the closing of the Loan, the Each Individual Property is free from damage caused by fire or other casualty. The 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; there exists no structural or other material defects or damages in the such Individual Property, whether latent or otherwise, and neither Borrower, nor Mezzanine A Borrower nor Mortgage Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in the such 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 have been paid in full. There are no mechanics’ or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under Applicable Law applicable Legal Requirements could give rise to any such liens) affecting the any Individual Property which are or may be prior to or equal to the lien of the related Security Instrument., the Mezzanine A Pledge Agreement or the Pledge Agreement (h) Each Mortgage Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than Tenants’ propertyproperty or the property subject to a Permitted Equipment Lease) used in connection with the operation of the related Individual Property, free and clear of any and all security interests, liens or encumbrances, except as set forth on Schedule XXV attached hereto (with respect to the UCC filing against the copiers and fax machines identified on such Schedule) and except for the lien and security interest created by this Agreement, the Note, the Security Instrument and the other Mortgage Loan Documents. (i) All To Borrower’s knowledge, all liquid and solid waste disposal, septic and sewer systems located on the each Individual Property are in a good and safe condition and repair and, to the best of Borrower’s knowledge, and in compliance with all Applicable LawLegal Requirements. (j) No Except as expressly disclosed on the Survey, 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 will maintain the insurance prescribed in Section 7.1(a) hereofActs. No part of the any Individual Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. (k) All Except as set forth on 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 actual knowledge after due inquiryknowledge, there are no pending or proposed special or other assessments for public improvements or otherwise affecting the any Individual Property, nor are there any contemplated improvements to the any Individual Property that may result in such special or other assessments. (m) Mortgage Borrower has not (i) made, ordered or contracted for any construction, 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, 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 as set forth on Schedule XXV attached hereto (with respect to identified work at the Delano Property), there is no such construction, alterations or improvements ongoing at the 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) Mortgage Borrower has no direct employees. All other personnel employed at or in connection with the Property are the direct employees of Manager.