EX-31 Rule 13a-14(d)/15d-14(d) Certifications.

 

 

I, Anthony Sfarra, certify that:

 

1. I have reviewed this report on Form 10-K and all reports onForm 10-D required to be filed in respect of the period covered by this reporton Form 10-K of the BANK 2022-BNK40 (the "Exchange Act periodicreports");

 

2. Based on my knowledge, the Exchange Act periodic reports, takenas a whole, do not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, all of the distribution, servicing andother information required to be provided under Form 10-D for the periodcovered by this report is included in the Exchange Act periodic reports;

 

4. Based on my knowledge and the servicer compliance statementsrequired in this report under Item 1123 of Regulation AB, and except as disclosedin the Exchange Act periodic reports, the servicers have fulfilled theirobligations under the servicing agreements in all material respects; and

 

5. All of the reports on assessment of compliance with servicingcriteria for asset-backed securities and their related attestation reports onassessment of compliance with servicing criteria for asset-backed securitiesrequired to be included in this report in accordance with Item 1122 ofRegulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as anexhibit to this report, except as otherwise disclosed in this report. Anymaterial instances of noncompliance described in such reports have beendisclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied oninformation provided to me by the following unaffiliated parties:

 

National Cooperative Bank, N.A., as NCB Master Servicer, CWCapitalAsset Management LLC, as General Special Servicer, National Cooperative Bank,N.A., as NCB Special Servicer, Wilmington Trust, National Association, asTrustee, Computershare Trust Company, National Association, as CertificateAdministrator, Computershare Trust Company, National Association, as Custodian,Pentalpha Surveillance LLC, as Operating Advisor, CoreLogic Solutions, LLC, asServicing Function Participant, Situs Holdings, LLC, as Special Servicer forthe 601 Lexington Avenue Mortgage Loan, Computershare Trust Company, NationalAssociation, as Trustee for the 601 Lexington Avenue Mortgage Loan,Computershare Trust Company, National Association, as Custodian for the 601Lexington Avenue Mortgage Loan, CoreLogic Solutions, LLC, as Servicing FunctionParticipant for the 601 Lexington Avenue Mortgage Loan, Situs Holdings, LLC, asSpecial Servicer for the Journal Squared Tower 2 Mortgage Loan, ComputershareTrust Company, National Association, as Trustee for the Journal Squared Tower 2Mortgage Loan, Computershare Trust Company, National Association, as Custodianfor the Journal Squared Tower 2 Mortgage Loan, Park Bridge Lender Services LLC,as Operating Advisor for the Journal Squared Tower 2 Mortgage Loan, CoreLogicSolutions, LLC, as Servicing Function Participant for the Journal Squared Tower2 Mortgage Loan, LNR Partners, LLC, as Special Servicer for the 333 RiverStreet Mortgage Loan, Wilmington Trust, National Association, as Trustee forthe 333 River Street Mortgage Loan, Computershare Trust Company, NationalAssociation, as Custodian for the 333 River Street Mortgage Loan, Park BridgeLender Services LLC, as Operating Advisor for the 333 River Street MortgageLoan, and CoreLogic Solutions, LLC, as Servicing Function Participant for the333 River Street Mortgage Loan 21.

 

 

 

Dated: March15, 2023

 

 

/s/ Anthony Sfarra

Anthony Sfarra

President

(seniorofficer in charge of securitization of the depositor)