AFFIDAVIT

State of ____________ }
County of __________ }ss:

__________________ being duly sworn, deposes and states the following:

1. That he/she is the __________________ of ______________________ , owner in fee of premises identified on the tax map of the City of New York for _____________ County as tax lot _____ in Block _____ (the "Premises"), which Premises is the subject of a title report issued by the First American Title Insurance Company of New York ("First American") under its report numbered ______________ to insure the transfer of the fee interest of ___________________ in said Premises, and that he is familiar with all of the facts relating to the Premises:

1. All persons or entities in possession or with a right to possession of the Premises have their rights under leases which are by their terms unconditionally subordinate to mortgages on the Premises, except for ______________________________ _______________________ and _______________________________ which (has) (have) entered into the Non-Disturbance Agreements set forth on Exhibit A annexed hereto. No such person or entity has an option to purchase or a right of first refusal to purchase the Premises.

This affidavit is being made in order to induce the First American a policy of title insurance and the undersigned hereby indemnify First American against any loss or damage, including reasonable legal fees and legal expenses, incurred by reason of its reliance hereon.

_________________________

Sworn to before me this
_____ day of ________ , 19 ___

__________________________
NOTARY PUBLIC