Common use of Condition of Mortgaged Property Clause in Contracts

Condition of Mortgaged Property. Except as Borrower may have disclosed to Lender in writing in connection with the issuance of the Commitment Letter or except for ordinary wear and tear, (a), the Mortgaged Property has not been damaged by fire, water, wind or other cause of loss, or (b) any previous damage to the Mortgaged Property has been fully restored. 2. The paragraph at the end of Section 5.06 is deleted in its entirety and replaced with the following: Borrower represents and warrants that all parties furnishing labor and materials for which a Lien or claim of Lien may be filed against the Mortgaged Property have been paid in full and, except for such Liens or claims insured against by the policy of title insurance to be issued in connection with the Loan (which, to the extent they are of record or Borrower otherwise has actual knowledge of such Liens or claims, Borrower has disclosed pursuant to Section 5.06(a) and which are identified on Exhibit E), there are no mechanics’, laborers’ or materialmen’s Liens or claims outstanding for work, labor or materials affecting the Mortgaged Property, whether prior to, equal with or subordinate to the Lien of the Security Instrument 3. Section 5.09(a) is deleted in its entirety and replaced with the following: (a) Borrower and any operatorproperty manager of the Mortgaged Property, if applicable, and to the best of Borrower’s knowledge, any commercial tenant of the Mortgaged Property is in possession of all material licenses, permits and authorizations required for use of the Mortgaged Property, which are valid and in full force and effect as of the date of this Loan Agreement. 4. Section 6.04(a) is deleted in its entirety and replaced with the following:

Condition of Mortgaged Property. Except as Borrower may have disclosed to Lender in writing in connection with the issuance of the Commitment Letter or except for ordinary wear and tear, (a), the Mortgaged Property has not been damaged by fire, water, wind or other cause of loss, or (b) any previous damage to the Mortgaged Property has been fully restored. 2. The paragraph at the end of Section 5.06 is deleted in its entirety and replaced with the following: Borrower represents and warrants that all parties furnishing labor and materials for which a Lien or claim of Lien may be filed against the Mortgaged Property have been paid in full and, except for such Liens or claims insured against by the policy of title insurance to be issued in connection with the Loan (which, to the extent they are of record or Borrower otherwise has actual knowledge of such Liens or claims, Borrower has disclosed pursuant to Section 5.06(a) and which are identified on Exhibit E), there are no mechanics’, laborers’ or materialmen’s Liens or claims outstanding for work, labor or materials affecting the Mortgaged Property, whether prior to, equal with or subordinate to the Lien of the Security Instrument 3. Section 5.09(a) is deleted in its entirety and replaced with the following: (a) Borrower and any operatorproperty manager of the Mortgaged Property, if applicable, and to the best of Borrower’s knowledge, any commercial tenant of the Mortgaged Property is in possession of all material licenses, permits and authorizations required for use of the Mortgaged Property, which are valid and in full force and effect as of the date of this Loan Agreement. 4. Section 6.04(a) is deleted in its entirety and replaced with the following: (a) Prohibited New Non-Residential Leases or Modified Non-Residential Leases. Except as set forth in Section 6.04(b), Borrower will not enter into any New Non-Residential Lease, enter into any Modified Non-Residential Lease or terminate any Non-Residential Lease (including any Non-Residential Lease in existence on the date of this Loan Agreement) without the prior written consent of Lender, except Borrower may terminate any Non-Residential Lease (including any Non-Residential Lease in existence on the date of this Loan Agreement) as a result of a default thereunder that continues after any applicable notice or cure period without the prior written consent of Lender, provided that Borrower gives Lender written notice within ten (10) days of such termination. 5. The lead-in clause of Section 6.04(d) is deleted in its entirety and replaced with the following:

Condition of Mortgaged Property. Except as Borrower may have disclosed to Lender in writing in connection with the issuance of the Commitment Letter or except for ordinary wear and tear, (a), the Mortgaged Property has not been damaged by fire, water, wind or other cause of loss, or (b) any previous damage to the Mortgaged Property has been fully restored. 2. The paragraph at the end of Section 5.06 is deleted in its entirety and replaced with the following: Borrower represents and warrants that all parties furnishing labor and materials for which a Lien or claim of Lien may be filed against the Mortgaged Property have been paid in full and, except for such Liens or claims insured against by the policy of title insurance to be issued in connection with the Loan (which, to the extent they are of record or Borrower otherwise has actual knowledge of such Liens or claims, Borrower has disclosed pursuant to Section 5.06(a) and which are identified on Exhibit E), there are no mechanics’, laborers’ or materialmen’s Liens or claims outstanding for work, labor or materials affecting the Mortgaged Property, whether prior to, equal with or subordinate to the Lien of the Security Instrument 3. Section 5.09(a) is deleted in its entirety and replaced with the following: (a) Borrower and any operatorproperty manager of the Mortgaged Property, if applicable, and to the best of Borrower’s knowledge, any commercial tenant of the Mortgaged Property is in possession of all material licenses, permits and authorizations required for use of the Mortgaged Property, which are valid and in full force and effect as of the date of this Loan Agreement. 4. Section 6.04(a) is deleted in its entirety and replaced with the following: