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

 

 

I,Anthony Sfarra, certify that:

 

1. Ihave reviewed this report on Form 10-K and all reports on Form 10-D required tobe filed in respect of the period covered by this report on Form 10-K of theBANK 2022-BNK40 (the "Exchange Act periodic reports");

 

2.Based on my knowledge, the Exchange Act periodic reports, taken as a whole, donot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.Based on my knowledge, all of the distribution, servicing and other informationrequired to be provided under Form 10-D for the period covered by this reportis included in the Exchange Act periodic reports;

 

4.Based on my knowledge and the servicer compliance statements required in thisreport under Item 1123 of Regulation AB, and except as disclosed in theExchange Act periodic reports, the servicers have fulfilled their obligationsunder the servicing agreements in all material respects; and

 

5. Allof the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to beincluded in this report in accordance with Item 1122 of Regulation AB andExchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to thisreport, except as otherwise disclosed in this report. Any material instances ofnoncompliance described in such reports have been disclosed in this report onForm 10-K.

 

Ingiving the certifications above, I have reasonably relied on informationprovided to me by the following unaffiliated parties:

 

NationalCooperative Bank, N.A., as NCB Master Servicer, CWCapital Asset Management LLC,as General Special Servicer, National Cooperative Bank, N.A., as NCB SpecialServicer, Wilmington Trust, National Association, as Trustee, ComputershareTrust Company, National Association, as Certificate Administrator,Computershare Trust Company, National Association, as Custodian, PentalphaSurveillance LLC, as Operating Advisor, CoreLogic Solutions, LLC, as ServicingFunction Participant, Situs Holdings, LLC, as Special Servicer for the 601Lexington 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: March 13, 2024

 

 

/s/Anthony Sfarra

AnthonySfarra

President

(seniorofficer in charge of securitization of the depositor)