Commitments and Contingencies

9 Months Ended

Sep. 30, 2016

7.Commitments and Contingencies

At September 30, 2016, we had commitments as follows (in thousands):

September 30, 2016, we had commitments as follows (in thousands):
						Total
	Investment			2016		Commitment		Remaining
	Commitment			Funding		Funded		Commitment
Real estate properties (See Note 2)	$	67,924	(1)	$	20,884	$	28,103	$	39,821
Accrued incentives and earn-out liabilities (2)		16,600			1,130		1,130		15,470
Lease incentives		5,652			1,591		2,046		3,606
Mortgage loans (See Note 2)		51,490	(1)		2,833		4,126		47,364
Joint venture investments (See Note 3)		25,650			481		20,624		5,026
Notes receivable (See Note 4)		2,325			436		611		1,714
Totals	$	169,641		$	27,355	$	56,640	$	113,001

⁽¹⁾

Represents commitments to purchase land and improvements, if applicable, and to develop, re-develop, renovate or expand seniors housing and health care properties.

⁽²⁾

During the nine months ended September 30, 2016, we recorded non‑cash interest expense of $538 related to these contingent liabilities and the fair value of our contingent payments was $12,514 at September 30, 2016.

We are a party from time to time to various general and professional liability claims and lawsuits asserted against the lessees or borrowers of our properties, which in our opinion are not singularly or in the aggregate material to our results of operations or financial condition. These types of claims and lawsuits may include matters involving general or professional liability, which we believe under applicable legal principles are not our responsibility as a non-possessory landlord or mortgage holder. We believe that these matters are the responsibility of our lessees and borrowers pursuant to general legal principles and pursuant to insurance and indemnification provisions in the applicable leases or mortgages. We intend to continue to vigorously defend such claims.