10. Commitments and Contingencies

At December 31, 2017, we had commitments as follows (in thousands):


						Total
	Investment			2017		Commitment		Remaining
	Commitment			Funding		Funded		Commitment
Real estate properties (See Note 5. Real Estate Investments)	$	91,468	(1)	$	22,162	$	38,497	$	52,971
Accrued incentives and earn-out liabilities (2)		19,000			—		—		19,000
Lease incentives		6,090			2,245		2,245		3,845
Mortgage loans (See Note 5.Real Estate Investments)		51,000	(1)		11,913		17,252		33,748
Joint venture investments (See Note 6. Investments in Unconsolidated Joint Ventures)		25,650			1,101		23,014		2,636
Notes receivable (See Note 7. Notes Receivable)		500			—		—		500
Totals	$	193,708		$	37,421	$	81,008	$	112,700

⁽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 twelve months ended December 31, 2017, we recorded non-cash interest expense of $602 related to these contingent liabilities and the fair value of our outstanding payments was $8,916 at December 31, 2017.

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.