Common use of Collateral; Collateral Security Clause in Contracts

Collateral; Collateral Security. (a) Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan or other Collateral to any other Person, and Borrower is the sole owner of each Mortgage Loan or such other Collateral and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of Agent, for the benefit of Lender hereunder. No Mortgage Loan or other Collateral pledged to Lender hereunder was acquired (by purchase or otherwise) by Borrower from an Affiliate of Borrower.

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan or other Collateral to any other Person, and immediately prior to the pledge of such Mortgage Loan to the Lender, the Borrower is was the sole owner of each such Mortgage Loan or such other Collateral and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of Agent, for the benefit of Lender hereunder. No Mortgage Loan or other Collateral pledged to the Lender hereunder was acquired (by purchase or otherwise) by the Borrower from an Affiliate of Borrowerthe Borrower or a true sale opinion acceptable to the Lender is delivered to the Lender prior to such pledge.