Commitments and Contingencies

12 Months Ended

Dec. 31, 2016

10. Commitments and Contingencies

At December 31, 2016, we had commitments as follows (in thousands):


						Total
	Investment			2016		Commitment		Remaining
	Commitment			Funding		Funded		Commitment
Real estate properties (See Note 5)	$	66,224	(1)	$	13,614	$	17,405	$	48,819
Accrued incentives and earn-out liabilities (2)		16,600			1,560		1,560		15,040
Lease incentives		12,957			3,509		3,964		8,993
Mortgage loans (See Note 5)		51,490	(1)		4,405		5,698		45,792
Joint venture investments (See Note 6)		29,050			1,770		21,913		7,137
Notes receivable (See Note 7)		200			—		—		200
Totals	$	176,521		$	24,858	$	50,540	$	125,981

⁽¹⁾

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

⁽²⁾

During the twelve months ended December 31, 2016, we recorded non-cash interest expense of $684 related to these contingent liabilities and the fair value of our outstanding payments was $12,229 at December 31, 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 principals and pursuant to insurance and indemnification provisions in the applicable leases or mortgages. We intend to continue to vigorously defend such claims.