Common use of Condition of Property; Condemnation Clause in Contracts

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent a third party engineering consultant and included in connection with the origination of such Mortgage LoanServicing File and which has been delivered to the initial Subordinate Class Representative, the related Mortgaged Property is, to the Mortgage Loan Seller's ’s knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where where: (1) an escrow of funds, funds or insurance coverage or a letter of credit or insurance coverage exists in an amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance; or (2) such repairs and maintenance have been completed; or (3) such repairs and maintenance are required to be completed and the amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance does not exceed 5% of the original principal balance of the related Mortgage Loan). None of the engineering reports referred to in the first sentence of this Paragraph 7 was prepared more than 18 months prior to the Closing Date. As of the date of origination of hereof, the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Loan Seller has not received notice and has no knowledge of any proceeding pending or written notice of any proceeding threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Mortgage Loan Seller’s knowledge (based solely on surveys (if any) and/or the lender’s title policy (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon considered material in determining the appraised value of the Mortgaged Property at origination lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current principal use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In Except with respect to Mortgage Loans secured primarily by unimproved land: (i) with respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-Off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-Off Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of any Mortgaged Property. To Seller's knowledge (based on surveys and/or title insurance obtained in connection with the Mortgaged Property securing any Mortgage Loan. As origination of the date of origination of each Mortgage Loan and, to the Seller's knowledgeLoans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledgeknowledge based upon surveys and/or the title insurance policy referred to in representation 8 below, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent a third party engineering consultant and included in connection with the origination of such Mortgage LoanServicing File and which has been the delivered to the initial Controlling Class Representative, the related Mortgaged Property is, to the Mortgage Loan Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where where: (1) an escrow of funds, funds or insurance coverage or a letter of credit or insurance coverage exists in an amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance; or (2) such repairs and maintenance have been completed; or (3) such repairs and maintenance are required to be completed and the amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance does not exceed 5% of the original principal balance of the related Mortgage Loan). None of the engineering reports referred to in the first sentence of this Paragraph 7 was prepared more than 18 months prior to the Closing Date. As of the date of origination of hereof, the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Loan Seller has not received notice and has no knowledge of any proceeding pending or written notice of any proceeding threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Mortgage Loan Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a "marked up" commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon considered material in determining the appraised value of the Mortgaged Property at origination lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current principal use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In With respect to (i) the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report issued after the first day of the month that is 18 months prior to the Closing Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan and (except ii) the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report 18 months prior to the Closing Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in any such case where an escrow good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of fundsstructural defects, letter of credit or insurance coverage exists sufficient to effect in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In (i) Each of the case Mortgaged Properties securing the Mortgage Loans was the subject of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with within 18 months prior to the origination of Cut-off Date. Each such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for the related Mortgage Loan. Each Mortgaged Property securing the Mortgage Loans that was not the subject of an engineering report within 18 months prior to the Cut-off Date is set forth on Schedule C-1 to this Exhibit C and each such Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In Except with respect to Mortgage Loans secured primarily by unimproved land: (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-Off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-Off Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of any Mortgaged Property. To Seller's knowledge (based on surveys and/or title insurance obtained in connection with the Mortgaged Property securing any Mortgage Loan. As origination of the date of origination of each Mortgage Loan and, to the Seller's knowledgeLoans), as of the date hereofof the origination of each Mortgage Loan, (ax) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property and Property, (by) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein, and (z) the Mortgaged Property securing each Mortgage Loan is located on or adjacent to a public road, or has access to an easement permitting ingress and egress.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value Value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledgeknowledge based upon surveys and/or the title insurance policy referred to in representation 8 below, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value Value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth on Schedule C-1 or in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As Except as otherwise set forth on Schedule C-1, as of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, hereof (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent a third party engineering consultant and included in connection with the origination of such Mortgage LoanServicing File and which has been the delivered to the initial Controlling Class Representative, the related Mortgaged Property is, to the Mortgage Loan Seller's ’s knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where where: (1) an escrow of funds, funds or insurance coverage or a letter of credit or insurance coverage exists in an amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance; or (2) such repairs and maintenance have been completed; or (3) such repairs and maintenance are required to be completed and the amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance does not exceed 5% of the original principal balance of the related Mortgage Loan). None of the engineering reports referred to in the first sentence of this Paragraph 7 was prepared more than 18 months prior to the Closing Date. As of the date of origination of hereof, the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Loan Seller has not received notice and has no knowledge of any proceeding pending or written notice of any proceeding threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Mortgage Loan Seller’s knowledge (based solely on surveys (if any) and/or the lender’s title policy (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon considered material in determining the appraised value of the Mortgaged Property at origination lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current principal use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent a third party engineering consultant and included in connection with the origination of such Mortgage LoanServicing File and which has been the delivered to the initial Controlling Class Representative, the related Mortgaged Property is, to the Mortgage Loan Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where where: (1) an escrow of funds, funds or insurance coverage or a letter of credit or insurance coverage exists in an amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance; or (2) such repairs and maintenance have been completed; or (3) such repairs and maintenance are required to be completed and the amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance does not exceed 5% of the original principal balance of the related Mortgage Loan). None of the engineering reports referred to in the first sentence of this Paragraph 7 was prepared more than 18 months prior to the Closing Date. As of the date of origination of hereof the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Loan Seller has not received notice and has no knowledge of any proceeding pending or written notice of any proceeding threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Mortgage Loan Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a "marked up" commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon considered material in determining the appraised value of the Mortgaged Property at origination lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current principal use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage LoanLoan and included in the Mortgage File, the related Mortgaged Property is, is to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending or threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth on Schedule C-7A or in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and repair, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance); provided that, if no engineer or architect physically visited the related Mortgaged Property in connection with preparing and delivering such engineering report, then the representation and warranty made in this sentence shall not be qualified by "to the Seller's knowledge". As of the date of origination of the such Mortgage Loan, Loan there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Datepending, and subsequent to such date, the Seller has not received actual notice and has no knowledge of of, any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. If any of the engineering reports referred to above in this Paragraph 7 revealed any material damage or material deferred maintenance, then one of the following is true: (a) the repairs and/or maintenance necessary to correct such condition have been completed in all material respects; (b) an escrow of funds is required or a letter of credit was obtained in an amount reasonably estimated to be sufficient to complete the repairs and/or maintenance necessary to correct such condition; or (c) the reasonable estimate of the cost to complete the repairs and/or maintenance necessary to correct such condition represented no more than 2% of the value of the related Mortgaged Property as reflected in an appraisal conducted in connection with the origination of the subject Mortgage Loan. As of the date of the origination of each Mortgage Loan andLoan, to the Seller's knowledge, except as of the date hereof, set forth on Schedule C-7B: (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering A property inspection report was prepared by an independent engineering consultant in connection with the origination of each Mortgage Loan (except in certain cases where the Mortgaged Property was newly constructed). With respect to each Mortgaged Property securing a Mortgage Loan that was the subject of a property inspection report or a Certificate of Substantial Completion or an Architect's Certificate of Completion prepared on or after February 1, 2003, other than as disclosed in such Mortgage Loanproperty inspection report or Certificate of Substantial Completion or an Architect's Certificate of Completion, the related each such Mortgaged Property is, to the Seller's knowledge, in good repair free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for the related Mortgage Loan. With respect to the Mortgaged Properties for which property inspection reports, Certificates of Substantial Completion or Architect's Certificate of Completion were prepared prior to February 1, 2003, (a) such Mortgaged Property is (i) free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan; and (ii) in good repair and condition so as not to materially and adversely affect its value as security for the related Mortgage Loan; and (b) all building systems contained on such Mortgaged Property are in good working order so as not to materially and adversely affect its value as security for the related Mortgage Loan or, in the case of (except in any such case where an escrow of funds, letter of credit a) and (b) adequate reserves therefor have been established or insurance coverage exists sufficient to effect the necessary repairs and maintenance)other resources are available. As The Seller has received no notice of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value Value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledgeknowledge based upon surveys and/or the title insurance policy referred to in representation 8 below, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property Property, which were included for the purpose of determining the Value of the related Mortgaged Property, encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In With respect to (i) the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with issued after the origination first day of such Mortgage Loanthe month that is 18 months prior to the Closing Date, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan and (except ii) the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report 18 months prior to the Closing Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in any such case where an escrow good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of fundsstructural defects, letter of credit or insurance coverage exists sufficient to effect in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent a third party engineering consultant and included in connection with the origination of such Mortgage LoanServicing File and which has been delivered to the Master Servicer, the related Mortgaged Property is, to the Seller's ’s knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where where: (1) an escrow of funds, funds or insurance coverage or a letter of credit or insurance coverage exists in an amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance; or (2) such repairs and maintenance have been completed; or (3) such repairs and maintenance are required to be completed and the amount reasonably estimated to be sufficient to effect the necessary repairs and maintenance does not exceed $10,000). None of the engineering reports referred to in the first sentence of this Paragraph 7 was prepared more than 18 months prior to the Closing Date. As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Datehereof, the Seller has not received notice and has no knowledge of any proceeding pending or written notice of any proceeding threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Seller’s knowledge (based solely on surveys (if any) and/or the lender’s title policy (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon considered material in determining the appraised value of the Mortgaged Property at origination lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current principal use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's ’s title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In Except with respect to Mortgage Loans secured primarily by unimproved land: (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report issued after the first day of the month that is 18 months prior to the Closing Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report 18 months prior to the Closing Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In Except with respect to Mortgage Loans secured primarily by unimproved land: (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within eighteen (18) months prior to the Cut-Off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or a letter of credit or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan Loan, and (except ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within eighteen (18) months prior to the Cut-Off Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in any such case where an escrow of funds, good repair and condition and all building systems contained therein are in good working order (or a letter of credit or insurance coverage exists sufficient to effect adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Propertyhereof. As of the Closing Date, the Seller has not received no notice and has no knowledge of the commencement of any proceeding pending for the condemnation of all or any material portion of any Mortgaged Property. To Seller's knowledge (based on surveys and/or title insurance obtained in connection with the Mortgaged Property securing any Mortgage Loan. As origination of the date of origination of each Mortgage Loan and, to the Seller's knowledgeLoans), as of the date hereofof the origination of each Mortgage Loan, (ax) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property and Property, (by) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein, and (z) the Mortgaged Property securing each Mortgage Loan is located on or adjacent to a public road, or has access to an easement permitting ingress and egress.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth on SCHEDULE C-7A or in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As Except as otherwise set forth on SCHEDULE C-7B, as of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, Closing Date (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation PARAGRAPH 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation PARAGRAPH 8 below.

Condition of Property; Condemnation. In (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-Off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-Off Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of any Mortgaged Property. To Seller's knowledge (based on surveys and/or title insurance obtained in connection with the Mortgaged Property securing any Mortgage Loan. As origination of the date of origination of each Mortgage Loan and, to the Seller's knowledgeLoans), as of the date hereofof the origination of each Mortgage Loan, (ax) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property and Property, (by) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein, and (z) the Mortgaged Property securing each Mortgage Loan is located on or adjacent to a public road, or has access to an easement permitting ingress and egress.

Condition of Property; Condemnation. In (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule B-1 to this Exhibit B, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-off Date as set forth on Schedule B-1 to this Exhibit B, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth on SCHEDULE C-7A or in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As Except as otherwise set forth on SCHEDULE C-7B as of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, Closing Date (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation PARAGRAPH 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation PARAGRAPH 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering A property inspection report was prepared by an independent engineering consultant in connection with the origination or securitization of each Mortgage Loan (except in certain cases where the Mortgaged Property was newly constructed). With respect to each Mortgaged Property securing a Mortgage Loan that was the subject of a property inspection report or a Certificate of Substantial Completion or an Architect's Certificate of Completion prepared on or after 18 months prior to the Closing Date, other than as disclosed in such Mortgage Loanproperty inspection report or Certificate of Substantial Completion or an Architect's Certificate of Completion, the related each such Mortgaged Property is, to the Seller's knowledge, in good repair free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for the related Mortgage Loan. With respect to the Mortgaged Properties for which property inspection reports, Certificates of Substantial Completion or Architect's Certificate of Completion were prepared prior to 18 months prior to the Closing Date, (a) such Mortgaged Property is (i) free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan; and (ii) in good repair and condition so as not to materially and adversely affect its value as security for the related Mortgage Loan; and (b) all building systems contained on such Mortgaged Property are in good working order so as not to materially and adversely affect its value as security for the related Mortgage Loan or, in the case of (except in any such case where an escrow of funds, letter of credit a) and (b) adequate reserves therefor have been established or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As other resources of the date of origination Borrower are available. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In (i) With respect to each Mortgaged Property securing the case Mortgage Loans that was the subject of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with within 18 months prior to the origination of Cut-off Date, each such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for such the related Mortgage Loan and (except ii) with respect to each Mortgaged Property securing the Mortgage Loans that was not the subject of an engineering report within 18 months prior to the Cut-off Date as set forth on Schedule C-1 to this Exhibit C, each such Mortgaged Property is in any such case where an escrow good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of fundsstructural defects, letter of credit or insurance coverage exists sufficient to effect in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledgeknowledge (after inquiry of its servicer, in good repair and which servicer may be an affiliate of the Seller), free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of To the date of Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan and, to the Seller's knowledgeLoan), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value value, marketability or current use of such Mortgaged Property Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering A property inspection report was prepared by an independent engineering consultant in connection with the origination of such each Mortgage Loan. With respect to Mortgage Loan Nos. 752064, 752157, 752164, 752172, 752225, 752226, 752227, 752272, 752370 and 752414, other than as disclosed in the related report, the related Mortgaged Property is, to the Seller's knowledge, in good repair and (a) free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending ; (b) in good repair and condition so as not to materially and adversely affect its value as security for the condemnation of related Mortgage Loan; and (c) all or any material part of building systems contained therein are in good working order so as not to materially and adversely affect its value as security for the related Mortgage Loan. With respect to the remaining Mortgage Loans not specifically listed above, the related Mortgaged PropertyProperty is (a) free and clear of any damage that would materially and adversely affect its value as security for the Mortgage Loan; (b) in good repair and condition so as not to materially and adversely affect its value as security for the related Mortgage Loan; and (c) all building systems contained therein are in good working order so as not to materially and adversely affect its value as security for the related Mortgage Loan. As The Seller has received no notice of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As The Seller has received no notice of the date commencement of origination any proceeding for the condemnation of each Mortgage Loan and, to all or any material portion of any Mortgaged Property. To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the The related Mortgaged Property is, to the Seller's actual knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination acquisition of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no actual knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination acquisition of each Mortgage Loan and, to the Seller's actual knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending (or, to the Seller's knowledge, threatened by the appropriate governmental authority with the power of eminent domain) for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, Closing Date (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In With respect to (i) the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with issued after the origination first day of such Mortgage Loanthe month that is 18 months prior to the Closing Date, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan and (except ii) the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report 18 months prior to the Closing Date as set forth on Schedule V to this Agreement, each Mortgaged Property is in any such case where an escrow good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of fundsstructural defects, letter of credit or insurance coverage exists sufficient to effect in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy (as defined in paragraph (8)) referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-Off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and is free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-Off Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (ax) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property and Property, (by) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein, and (z) the Mortgaged Property securing each Mortgage Loan is located on or adjacent to a public road, or has access to an easement permitting ingress and egress.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit funds or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As Except as otherwise identified on Schedule C-7, as of the date of origination of the Mortgage Loan, there was no proceeding pending (or, to the Seller's knowledge, threatened by the appropriate governmental authority with the power of eminent domain) for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the The Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, Closing Date (a) none all of the material improvements on the related Mortgaged Property encroach upon lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering A property inspection report was prepared by an independent engineering consultant in connection with the origination or securitization of each Mortgage Loan (except in certain cases where the Mortgaged Property was newly constructed). With respect to each Mortgaged Property securing a Mortgage Loan that was the subject of a property inspection report or a Certificate of Substantial Completion or an Architect's Certificate of Completion prepared on or after April 1, 2004, other than as disclosed in such Mortgage Loanproperty inspection report or Certificate of Substantial Completion or an Architect's Certificate of Completion, the related each such Mortgaged Property is, to the Seller's knowledge, in good repair free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for the related Mortgage Loan. With respect to the Mortgaged Properties for which property inspection reports, Certificates of Substantial Completion or Architect's Certificate of Completion were prepared prior to April 1, 2004, (a) such Mortgaged Property is (i) free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan; and (ii) in good repair and condition so as not to materially and adversely affect its value as security for the related Mortgage Loan; and (b) all building systems contained on such Mortgaged Property are in good working order so as not to materially and adversely affect its value as security for the related Mortgage Loan or, in the case of (except in any such case where an escrow of funds, letter of credit a) and (b) adequate reserves therefor have been established or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As other resources of the date of origination Borrower are available. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In (i) With respect to the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report within 18 months prior to the Cut-off Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule C-1 to this Exhibit C, the related each Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established) that would materially and adversely affect its value as security for such the related Mortgage Loan, and (ii) with respect to the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report within 18 months prior to the Cut-off Date as set forth on Schedule C-1 to this Exhibit C, each Mortgaged Property is in good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of structural defects, in each case, that would materially and adversely affect its value as security for the related Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.

Condition of Property; Condemnation. In With respect to (i) the case Mortgaged Properties securing the Mortgage Loans that were the subject of each Mortgage Loan, except an engineering report issued after the first day of the month that is 18 months prior to the Closing Date as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loanon Schedule A to this Exhibit 2, the related each Mortgaged Property is, other than as disclosed in such property inspection report or Certificate of Substantial Completion or an Architect's Certificate of Completion, to the Seller's knowledge, in good repair and free and clear of any damage (or adequate reserves therefor have been established based on the engineering report) that would materially and adversely affect its value as security for such the related Mortgage Loan and (except ii) the Mortgaged Properties securing the Mortgage Loans that were not the subject of an engineering report 18 months prior to the Closing Date as set forth on Schedule A to this Exhibit 2, each Mortgaged Property is in any such case where an escrow good repair and condition and all building systems contained therein are in good working order (or adequate reserves therefor have been established) and each Mortgaged Property is free of fundsstructural defects, letter of credit or insurance coverage exists sufficient to effect in each case, that would materially and adversely affect its value as security for the necessary repairs and maintenance). As related Mortgage Loan as of the date of origination hereof. The Seller has received no notice of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge commencement of any proceeding pending for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. As of the date of origination of each Mortgage Loan and, to To the Seller's knowledgeknowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date hereofof the origination of each Mortgage Loan, (a) none all of the material improvements on the related Mortgaged Property encroach upon that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, do not encroach upon the and building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 below herein or that do not materially and adversely affect the Value value or current use marketability of such Mortgaged Property Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the Value value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in representation 8 belowherein.