Common use of Status of Property Clause in Contracts

Status of Property. (a) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower or Tenant (pursuant to its Lease) has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. (c) The Property and the present and contemplated use and occupancy thereof are in compliance in all material respects with all applicable zoning ordinances, building codes, land use and environmental laws and other similar laws. (d) 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. (e) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (f) The Property is served by public water and sewer systems. (g) The Property is free from damage caused by fire or other casualty. (h) 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. (i) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (j) To Borrower's best knowledge, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws.

Status of Property. (ai) No portion of the Improvements is located in an area identified by the Secretary of Housing and Urban Development or any successor thereto as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof. (b) Borrower or Tenant (pursuant to its Lease) has obtained all necessary material certificates, licenses and other approvals, governmental and otherwiseotherwise required of Borrower, necessary for the operation of the Property and the conduct of its business and all required material zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modificationhereof. (cii) The Property and the present and contemplated use and occupancy thereof are in compliance in all material respects with all applicable material zoning ordinances, building codes, land use and environmental laws laws, Environmental Laws and other similar lawslaws applicable to the Property and/or Borrower. (diii) 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. (eiv) All public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (fv) The Property is served by public water and sewer systems. (gvi) The Property is free from damage caused by fire or other casualty. (hvii) All Except as set forth on Schedule 5.1(e), 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. (iviii) Except as set forth on Schedule 5.1(e), Borrower has paid in --------------- full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (jix) To Borrower's best knowledgeNo 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, all liquid if any portion of the Improvements is located within such area, Borrower has obtained and solid waste disposal, septic and sewer systems located on will maintain the Property are insurance prescribed in a good and safe condition and repair and in compliance with all Applicable LawsSection 4.3(a). (x) All the Improvements lie within the boundaries of the Land.

Status of Property. (a) No portion of the The Land and Improvements is are not located in an area identified by the Secretary of Housing and Urban Development Development, or any successor thereto successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor lawlaw (collectively, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof3.06 below. (b) To Borrower’s knowledge, Borrower or Tenant (pursuant to its Lease) has obtained all necessary (i) certificates, licenses licenses, and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture forfeiture, or modification. (c) . The Property and the present and contemplated its use and occupancy thereof are is in compliance in all material respects with all applicable zoning ordinances, building codes, land use Laws and environmental laws and other similar lawsBorrower has received no notice of any violation or potential violation of the Laws which has not been remedied or satisfied. (dc) The Property is served by all utilities (including water and sewer) required for the its 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 serviceuse. (ed) All public roads and streets necessary for service of and access to serve the Property for the current or contemplated its use thereof have been completed, are serviceable serviceable, are legally open, and, to Borrower’s knowledge, have been dedicated to and all-weather and are physically and legally open for use accepted by the publicappropriate governmental entities. (fe) The Property is served by public water and sewer systems. (g) The To Borrower’s knowledge, the Property is free from unrepaired damage caused by fire or other casualty. (hf) All To Borrower’s knowledge, all costs and expenses of any and all for labor, materials, supplies supplies, and equipment used in the construction of the Improvements have been paid in fullfull except as reflected in the Permitted Encumbrances. (ig) Borrower has paid in full for, All costs and is the owner of, expenses for all furnishings, fixtures fixtures, and equipment (other than tenants' Tenants’ property) used in connection with the operation of the PropertyProperty that are owned by Borrower have been paid in full, and all such items are free and clear of any and all security interests, liens liens, or encumbrances, encumbrances except the lien Permitted Encumbrances and security interest those created herebyby this Instrument. (jh) To Borrower's best knowledgeThe Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), all liquid separate from any adjoining land or improvements and solid waste disposal, septic no other land or improvements is assessed and sewer systems located on taxed together with the Property. (i) The Property are in a good and safe condition and repair and in compliance with all Applicable Lawsis not used principally for agricultural purposes.

Status of Property. (a) No portion of the The Land and Improvements is are not located in an area identified by the Secretary of Housing and Urban Development Development, or any successor thereto successor, as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or 1968, the Flood Disaster Protection Act of 1973, or the National Flood Insurance Reform Act of 1994, as each have been or may be amended, or any successor lawlaw (collectively, the “Flood Acts”) or, if located within any such area, Borrower has obtained and will maintain the insurance prescribed in Section 3.3 hereof3.06(a) below. (b) Borrower (or Tenant (pursuant such third party property manager engaged by such Borrower to operate and manage its LeaseIndividual Property [each being referred to herein as a “Property Manager”]) has obtained all necessary (i) certificates, licenses licenses, and other approvals, governmental and otherwise, necessary for the operation of the its Individual Property and the conduct of its business and all required (ii) zoning, building code, land use, environmental and other similar permits or approvals, all of which are currently in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture forfeiture, or modification.. To the best of Borrower’s knowledge (after due inquiry and investigation), Borrower’s Individual Property and its use and occupancy are in full compliance with all Laws, and Borrower has received no written notice of any violation or potential violation of the Laws which has not been remedied or satisfied, and the zoning classification of its Individual Property permits the use of such Individual Property as intended. Prudential Loan Nos. 706109200, 706109202-203 & 706109205-206 CNL MOB Portfolio Loan Agreement (c) The Property and the present and contemplated use and occupancy thereof are in compliance in all material respects with all applicable zoning ordinances, building codes, land use and environmental laws and other similar laws. (d) The Borrower’s Individual Property is served by all utilities (including water and sewer) required for the current or contemplated use thereof. All utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility serviceits use. (ed) All public roads and streets necessary for service of and access to the serve Borrower’s Individual Property for the current or contemplated its use thereof have been completed, are serviceable serviceable, are legally open, and all-weather have been dedicated to and are physically and legally open for use accepted by the publicappropriate governmental entities. (fe) The Property is served by public water and sewer systems. (g) The Borrower’s Individual Property is free from damage caused by fire or other casualty. (hf) All costs and expenses of any and all for labor, materials, supplies supplies, and equipment used in the construction of the Improvements for Borrower’s Individual Property have been paid in fullfull except for the applicable Permitted Encumbrances. (ig) Borrower owns and has paid in full for, and is the owner of, for all furnishings, fixtures fixtures, and equipment (other than tenants' propertythe property of Tenants [as defined in the Instrument]) used in connection with the operation of the Borrower’s Individual Property, free and clear of any and all security interests, liens liens, or encumbrances, encumbrances except the lien applicable Permitted Encumbrances, the Permitted Capital Leases, and security interest those created herebyby the Documents. (h) Borrower’s Individual Property is assessed for real estate tax purposes as one or more wholly independent tax lot(s), separate from any adjoining land or improvements and no other land or improvements are assessed and taxed together with such Individual Property. (i) Borrower’s Individual Property and its Improvements are either (i) in compliance with the provisions of the Fair Housing Amendments Act of 1988, as amended, which relate to accessibility design and construction requirements, and all rules, regulations, and guidelines issued thereunder, all as are in effect as of the date hereof (collectively, the “FHA Act”), or (ii) exempt from the FHA Act. (j) To Borrower's best knowledge, all liquid and solid waste disposal, septic and sewer systems located on the ’s Individual Property are in a good and safe condition and repair and is in compliance with the provisions of the Americans with Disabilities Act of 1990, and any amendments in effect as of the date hereof, which relate to accessibility design and construction requirements, and all Applicable Lawsrules, regulations, and guidelines issued thereunder, all as are in force as of the date hereof.

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 3.2 hereof. ; (b) except where such failure to do so would not reasonably be expected to have a Material Adverse Effect, Borrower or Tenant (pursuant to its Lease) has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. ; (c) The except where such failure to do so would not reasonably be expected to have a Material Adverse Effect, the Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and environmental laws, laws relating to the disabled (including, but not limited to, the ADA) and other similar laws. ; (d) The the Property is served by all utilities (including, but not limited to, public water and sewer systems) required for the current or contemplated use thereof. All ; (e) all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. ; (ef) All all public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (f) The Property is served by public water and sewer systems. ; (g) The the Property is is, to the best of Borrower's knowledge, free from damage caused by fire or other casualty. ; (h) All 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. ; (i) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (j) To Borrower's best knowledge, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws; and (j) all Improvements lie within the boundary of the Land.

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 Mortgagor has obtained and will maintain the insurance prescribed in Section 3.3 3.2 hereof. ; (b) Borrower or Tenant (pursuant to its Lease) Mortgagor has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. ; (c) The the Property and the present and contemplated use and occupancy thereof are in compliance with all Applicable Laws in all material respects with all applicable respects, including, without limitation, zoning ordinances, building codes, land use and environmental laws, laws relating to the disabled (including, but not limited to, the ADA) and other similar laws. ; (d) The the Property is served by all utilities (including, but not limited to, public water and sewer systems) required for the current or contemplated use thereof. All ; (e) all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. ; (ef) All all public roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (f) The Property is served by public water and sewer systems. ; (g) The the Property is is, to the best of Mortgagor’s knowledge, free from damage caused by fire or other casualty. ; (h) All 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. ; (i) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (j) To Borrower's best knowledge, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws; and (j) all Improvements lie within the boundary of the Land.

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 3.2 hereof. ; (b) Borrower or Tenant (pursuant to its Lease) has obtained all necessary certificates, licenses and other approvals, governmental and otherwise, necessary for the operation of the Property and the conduct of its business and all required zoning, building code, land use, environmental and other similar permits or approvals, all of which are in full force and effect as of the date hereof and not subject to revocation, suspension, forfeiture or modification. ; (c) The except as set forth in that certain Phase I, lI, and III Environmental Site Assessment ("ESA") Report prepared by Conestoga-Rovers & Associates (Reference No. 9759), the Property and the present and contemplated use and occupancy thereof are in full compliance in all material respects with all applicable Applicable Laws, including, without limitation, zoning ordinances, building codes, land use and environmental laws, laws relating to the disabled (including, but not limited to, the ADA) and other similar laws. ; (d) The the Property is served by all utilities (including, but not limited to, public water and sewer systems) required for the current or contemplated use thereof. All ; (e) all utility service is provided by public utilities and the Property has accepted or is equipped to accept such utility service. ; (ef) All public all pubic roads and streets necessary for service of and access to the Property for the current or contemplated use thereof have been completed, are serviceable and all-weather and are physically and legally open for use by the public. (f) The Property is served by public water and sewer systems. , (g) The the Property is is, to the best of Borrower's knowledge, free from damage caused by fire or other casualty. ; (h) All 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. ; (i) Borrower has paid in full for, and is the owner of, all furnishings, fixtures and equipment (other than tenants' property) used in connection with the operation of the Property, free and clear of any and all security interests, liens or encumbrances, except the lien and security interest created hereby. (j) To Borrower's best knowledge, all liquid and solid waste disposal, septic and sewer systems located on the Property are in a good and safe condition and repair and in compliance with all Applicable Laws; and (j) all Improvements lie within the boundary of the Land.