Title. With respect to each Property, the Borrower identified on [Schedule 1] as being the owner thereof has good, marketable and insurable fee simple title (or, in the case of the “Ground Lease,” as defined in two of the Mortgages, good leasehold title) to such Property, free and clear of all Liens whatsoever, except the Permitted Encumbrances. The Permitted Encumbrances in the aggregate do not materially and adversely affect the value, operation or use of any Property (as currently used) or the ability of the Borrowers to repay the Loan. Each Mortgage and the related Assignment of Leases, when properly recorded in the appropriate records, together with the Uniform Commercial Code financing statements being filed in connection therewith, will create # a valid, perfected first priority Lien in and to the owning Borrower’s right, title and interest to the Property encumbered thereby and # a perfected security interest in and to, and perfected collateral assignment of, the relevant Borrower’s right, title and interest in and to all personalty (including the Leases) constituting any part of such Property, all in accordance with the terms thereof, in each case subject only to any applicable Permitted Encumbrances. There are no claims for payment for work, labor or materials affecting any Property which are or may become a Lien prior to, or of equal priority with, the Liens created by the Loan Documents.

Title. With respect to each Property, the Borrower identified on [Schedule 1] as being the owner thereof​ has good, marketable and insurable fee simple title (or, into the caseLand and good title to the balance of the “Ground Lease,” as defined in two of the Mortgages, good leasehold title) to such Property, free and clear of all Liens whatsoever,whatsoever except the Permitted Encumbrances.Encumbrances and the Liens created by the Loan Documents. The Permitted Encumbrances in the aggregate do not materially and adversely affect the value, operation or use of anythe Property (as currently used) or ​’s ability to repay the Loan or the security intended to be provided by the Mortgage or with the current ability of the BorrowersProperty to repaygenerate net cash flow sufficient to service the Loan. Each MortgageLoan or ​’s ability to pay and perform the related Assignment of Leases,obligations under the Loan Documents when they become due. The Mortgage, when properly recorded in the appropriate records, together with the Assignment of Leases and any Uniform Commercial Code financing statements beingrequired to be filed in connection therewith, will create # a valid, perfected first priority Lien inlien on the Property, subject only to Permitted Encumbrances and to the owning Borrower’s right, title and interest toLiens created by the Property encumbered therebyLoan Documents, and # a perfected security interestinterests in and to, and perfected collateral assignmentassignments of, the relevant Borrower’s right, title and interest in and to all personalty (including the Leases) constituting any part of such Property,, all in accordance with the terms thereof, in each case subject only to any applicable Permitted Encumbrances. There are no claims for payment for work, labor or materials affecting any Property which are or may become a Lien prior to, or of equal priority with,Encumbrances and the Liens created by the Loan Documents.