Common use of Actions Concerning Mortgage Loan Clause in Contracts

Actions Concerning Mortgage Loan. To the Mortgage Loan Seller’s knowledge, as of origination, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any Borrower, guarantor, or Borrower’s interest in the Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to the Mortgaged Property, (b) the validity or enforceability of the Mortgage, (c) such Borrower’s ability to perform under the related Mortgage Loan, (d) such guarantor’s ability to perform under the related guaranty, (e) the principal benefit of the security intended to be provided by the Loan Documents or (f) the current principal use of the Mortgaged Property.

Appears in 5 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust)

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Actions Concerning Mortgage Loan. To As of the Mortgage Loan date of origination and to the Seller’s knowledge, knowledge as of originationthe Cut-off Date, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any Borrowerborrower, guarantor, or Borrowerborrower’s interest in the Mortgaged Property, an adverse outcome of which Property that would reasonably be expected to materially and adversely affect (a) such Borrowerborrower’s title to the Mortgaged Property, (b) the validity or enforceability of the Mortgage, (c) such Borrowerborrower’s ability to perform under the related Mortgage Loan, (d) such guarantor’s ability to perform under the related guaranty, (e) the principal benefit of the security intended to be provided by the Mortgage Loan Documents documents or (f) the current principal use of the Mortgaged Property.

Appears in 1 contract

Samples: Loan Obligation Purchase Agreement (Arbor Realty Trust Inc)

Actions Concerning Mortgage Loan. To the Mortgage Loan Seller’s knowledge, as of origination, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any Borrower, guarantor, or Borrower’s interest in the related Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to the such Mortgaged Property, (b) the validity or enforceability of the Mortgage, (c) such Borrower’s ability to perform under the related Mortgage Loan, (d) such guarantor’s ability to perform under the related guaranty, (e) the principal benefit of the security intended to be provided by the related Loan Documents or (f) the current principal use of the such Mortgaged Property.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust)

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Actions Concerning Mortgage Loan. To As of the Mortgage Loan date of origination and to the Seller’s knowledge, knowledge as of originationthe Cut-off Date, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any Borrower, guarantor, or Borrower’s interest in the Mortgaged Property, an adverse outcome of which Property that would reasonably be expected to materially and adversely affect (a) such Borrower’s title to the Mortgaged Property, (b) the validity or enforceability of the Mortgage, (c) such Borrower’s ability to perform under the related Mortgage Loan, (d) such guarantor’s ability to perform under the related guaranty, (e) the principal benefit of the security intended to be provided by the Mortgage Loan Documents documents or (f) the current principal use of the Mortgaged Property.

Appears in 1 contract

Samples: Loan Obligation Purchase Agreement (Arbor Realty Trust Inc)

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