| 4E - Bankruptcy - Tenant >30% NRA. Loan is secured by a 36,680 sf health club in West Palm Beach, FL, built in 1987. The 3/13/2008 inspection rated the subject in Good condition. Property is 100% occupied by a single tenant, Bally Total Fitness. YTD 3/31/2009 NCF DSCR is 1.77x, slightly above the 1.75x at YE 2008 and YE 2007, and above U/W 1.57x. Bally\''s lease term is 7/1/2006 - 6/30/2021 and rate is $18.50 psf/yr NNN (RET, PINS & TOE). Borrower reports Rents only. On 12/3/2008 Bally Total Fitness Corporation (''Bally'') filed for voluntarily chapter 11 bankruptcy protection. Bally''s BK was a Trigger Event under Section 15.1(c) of the Loan Agreement, which permits (but does not require) the Bwr to file a $474,436 LOC in order to retain non-recourse status of the Loan. Borrower proposed posting a CD instead of an LOC for the same amount. Following BofA counsel review, a CD in the amount of $474,436 was accepted as a substitute to the LOC, and posted as additional Loan collateral, on 1/9/2009, thus curing the Trigger. Bwr''s counsel indicated the subject is fully operational, a very busy location, and the lease has not been rejected, unlike 19 other Bally locations. The Loan will be retained on the WL due to the tenant BK, and Bank of America will continue to monitor the Loan.
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