Property is not a residential multifamily property) have
not been materially modified (or if materially modified, setting forth all such
modifications),".
The last line of Section 5.1.15(b) is hereby modified by deleting "two
(2) times" and substituting "once" therefor.
Confirmation of Representations. The last line of Section 5.1.18(a) is
hereby modified by inserting: "(except for representations that specifically
relate to an earlier date and cannot, by their nature, be brought forward to the
date of the closing of such Securitization)" between "jurisdictions" and ",
and".
12.1.27 Environmental Covenants. The first line of Section 5.1.19(a) is hereby
modified by inserting "for so long as Borrower owns, manages, is in possession
of, or otherwise controls the operation of the Property" between "that" and ":".
The third line of Section 5.1.19(a) is hereby modified by inserting "in all
material respects" between "compliance" and "with".
Section 5.1.19(a)(ii) is hereby modified by adding the following to the end
thereof: "in violation of Environmental Law."
Section 5.1.19(a)(iii) is hereby deleted and the following is substituted
therefor: "(iii) there shall be no Hazardous Substances in, on, or under any
Individual Property, except those that are (A) in compliance with all
Environmental Laws and with permits issued pursuant thereto (to the extent such
permits are required by Environmental Law), or (B) de-minimis amounts necessary
to operate the applicable Individual Property for the purposes set forth in the
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Agreement which will not result in an environmental condition in, on or under
the applicable Individual Property and which are otherwise permitted under and
used in compliance with Environmental Law;".
Section 5.1.19(a)(vi) is hereby modified by deleting "reason to believe" and
substituting "a good faith reasonable belief" therefore and by inserting "in
violation of Environmental Law" between "exists" and "on".
The second and third lines of Section 5.1.19(a)(vii) are hereby modified by
deleting "reason to believe" and substituting "a good faith reasonable belief"
therefor. Section 5.1.19(a)(vii)(A) is hereby modified by adding "required by
Environmental Law" to the end thereof. Section 5.1.19(a)(vii)(D) is hereby
modified by adding the following to the end thereof: "the failure of which would
violate Environmental Law". Section 5.1.19(a)(viii) is hereby deleted and the
following is substituted therefor: "(viii) with respect to environmental
conditions, Borrower shall not do and shall use commercially reasonable efforts
not to allow any Tenant or other user of the Property to do any act that
materially increases the dangers to human health or the environment and is in
violation of Environmental Law;". The second line of Section 5.1.19(a)(ix) is
hereby modified by inserting ", upon obtaining knowledge thereof," between
"writing" and "of". The second line of Section 5.1.19(a)(ix)(A) is hereby
modified by inserting "in violation of Environmental Law" between "Substances"
and "in". The second line of Section 5.1.19(a)(ix)(E) is hereby modified by
inserting "reputable" between "any" and "source". The second line of
Section 5.1.19(a)(x) is hereby modified by inserting "knowingly" between "nor"
and "permit". The sixth line of Section 5.1.19(a)(x) is hereby modified by
deleting the first occurrence of