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

 

 

I, KunalK. Singh, 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 theBenchmark 2023-B40 Mortgage Trust (the "Exchange Act periodicreports");

 

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 tothis report, except as otherwise disclosed in this report.Any material instances of noncompliance described in such reports have beendisclosed in this report on Form 10-K.

 

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

 

MidlandLoan Services, a Division of PNC Bank, National Association, as MasterServicer, LNR Partners, LLC, as Special Servicer, Computershare Trust Company,National Association, as Trustee and Certificate Administrator, ComputershareTrust Company, National Association, as Custodian, Pentalpha Surveillance LLC,as Operating Advisor, Midland Loan Services, a Division of PNC Bank, NationalAssociation, as Primary Servicer for the Outlet Shoppes at Atlanta MortgageLoan, Rialto Capital Advisors, LLC, as Special Servicer for the Outlet Shoppesat Atlanta Mortgage Loan, Computershare Trust Company, National Association, asTrustee for the Outlet Shoppes at Atlanta Mortgage Loan, Computershare TrustCompany, National Association, as Custodian for the Outlet Shoppes at AtlantaMortgage Loan, Pentalpha Surveillance LLC, as Operating Advisor for the OutletShoppes at Atlanta Mortgage Loan, Midland Loan Services, a Division of PNCBank, National Association, as Primary Servicer for the Sugar Land Town SquareMortgage Loan, LNR Partners, LLC, as Special Servicer for the Sugar Land TownSquare Mortgage Loan, Computershare Trust Company, National Association, asTrustee for the Sugar Land Town Square Mortgage Loan, Computershare TrustCompany, National Association, as Custodian for the Sugar Land Town SquareMortgage Loan, Park Bridge Lender Services LLC, as Operating Advisor for theSugar Land Town Square Mortgage Loan, Midland Loan Services, a Division of PNCBank, National Association, as Primary Servicer for the Philadelphia MarriottDowntown Mortgage Loan, LNR Partners, LLC, as Special Servicer for thePhiladelphia Marriott Downtown Mortgage Loan, Computershare Trust Company,National Association, as Trustee for the Philadelphia Marriott DowntownMortgage Loan, Computershare Trust Company, National Association, as Custodianfor the Philadelphia Marriott Downtown Mortgage Loan, Park Bridge LenderServices LLC, as Operating Advisor for the Philadelphia Marriott DowntownMortgage Loan, Midland Loan Services, a Division of PNC Bank, NationalAssociation, as Primary Servicer for the Nvidia Santa Clara Mortgage Loan, KeyBankNational Association, as Special Servicer for the Nvidia Santa Clara MortgageLoan, Computershare Trust Company, National Association, as Trustee for theNvidia Santa Clara Mortgage Loan, Computershare Trust Company, NationalAssociation, as Custodian for the Nvidia Santa Clara Mortgage Loan, Park BridgeLender Services LLC, as Operating Advisor for the Nvidia Santa Clara MortgageLoan, Wells Fargo Bank, National Association, as Primary Servicer for theArundel Mills and Marketplace Mortgage Loan, Argentic Services Company LP, asSpecial Servicer for the Arundel Mills and Marketplace Mortgage Loan,Computershare Trust Company, National Association, as Trustee for the ArundelMills and Marketplace Mortgage Loan, Computershare Trust Company, National Association,as Custodian for the Arundel Mills and Marketplace Mortgage Loan, BellOak, LLC,as Operating Advisor for the Arundel Mills and Marketplace Mortgage Loan, andCoreLogic Solutions, LLC, as Servicing Function Participant for the ArundelMills and Marketplace Mortgage Loan.

 

 

 

Dated: March 14, 2024

 

 

/s/Kunal K. Singh

KunalK. Singh

Presidentand Chief Executive Officer

(seniorofficer in charge of securitization of the depositor)