Common use of Condition of Property; Condemnation Clause in Contracts

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Loan, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan. The Seller has received no notice of the commencement of any proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date of the origination of each Mortgage Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Purchased Loan, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), Purchased Loans to the extent received) as of the date of the origination of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage LoanPurchased Asset, each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Asset (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (’s knowledge, based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), Underlying Assets as of the date of the origination of each Mortgage LoanUnderlying Asset, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Loan, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan. The Seller has received no notice of and has no knowledge of the commencement of any proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date of the origination of each Mortgage Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Purchased Loan, each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's ’s knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), Purchased Loans to the extent received) as of the date of the origination of each Mortgage Purchased FINAL VERSION Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Purchased Loan, each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's ’s knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Purchased Loans), ) as of the date of the origination of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability current use of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage LoanLoan (which report is not more than 18 months before the Cut-Off Date, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loan. The Seller has received no notice of the commencement of any proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as of the date of the origination of each Mortgage Loan, all of the material improvements on the related Mortgaged Property which that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Purchased Loan (or Mortgage Loan), each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's ’s knowledge (based solely on surveys and/or title insurance obtained in connection with the origination of the Mortgage Purchased Loans), ) as of the date of the origination of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein Title Policy or that do not materially and adversely affect the value or marketability current use of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Loan, each Each Mortgaged Property securing a Mortgage Loan is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in such case where an escrow of funds or insurance coverage exists sufficient to effect the related necessary repairs and maintenance). As of the date of origination of such Mortgage Loan. The , and subsequent to such date, the Seller has not received no written notice of the commencement (and is not otherwise aware) of any proceeding pending for the total or partial condemnation of or affecting all or any material portion of the Mortgaged Property securing any Mortgaged PropertyMortgage Loan. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination of each Mortgage Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination or acquisition of the related Mortgage Purchased Loan, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination or acquisition of the Mortgage Purchased Loans), ) as of the date of the origination or acquisition of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an ----------------------------------- engineering report prepared in connection with the origination or acquisition of the related Mortgage LoanPurchased Loan or otherwise in the Seller's possession and previously delivered to Buyer, each Mortgaged Property is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination or acquisition of the Mortgage Purchased Loans), ) as of the date of the origination or acquisition, by Seller, of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except In the case of each Mortgage Loan, except as set forth herein or in an engineering report prepared in connection with the origination of such Mortgage Loan which has been delivered to the Purchaser or its designee as part of the related Mortgage LoanFile, each the related Mortgaged Property is, to the Seller's knowledge, in good 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 or insurance coverage exists sufficient to effect the related necessary repairs and maintenance). As of origination of such Mortgage Loan. The Loan there was no proceeding pending, and subsequent to such date, the Seller has not received no actual notice of the commencement of of, any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgaged PropertyMortgage Loan. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination of each Mortgage Loan, : (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein in Paragraph 8 below or that do not materially and adversely affect the value or marketability 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 or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy lender's title insurance policy referred to hereinin Paragraph 8 below.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage LoanPurchased Loan and dated not more than 12 months prior to the Purchase Date, each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement notice, and has no knowledge, of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To Seller’s knowledge, as of the Seller's knowledge date of the origination of each Purchased Loan (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Purchased Loans), as of the date of the origination of each Mortgage Loan, ) (a) all of the material improvements on the related Mortgaged Property which were considered material in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy Title Policy referred to in paragraph 8 herein or that do not materially and adversely affect the value value, principal use, or marketability 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 value, principal use, or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to in paragraph 8 herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination of the related Mortgage Purchased Loan, each Mortgaged Property is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted). The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's ’s knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Purchased Loans), ) as of the date of the origination of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability current use of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the Title Policy lender’s title insurance policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination or acquisition of the Purchased Loan and included in the related Mortgage LoanPurchased Asset File, each Mortgaged Property is, to the best of Seller's knowledge’s knowledge after commercially reasonable due diligence, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted), except to the extent reserves have been established to cover the costs to remediate such damages. The Neither Seller nor mortgagee has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination or acquisition of each Mortgage the Purchased Loan, to the best of Seller’s knowledge after commercially reasonable due diligence, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached encroach upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth The Mortgaged Property for each Loan is in an engineering report prepared in connection with good repair and condition and free of any structural deficiencies or deferred maintenance that would influence the origination originator’s decision to originate any such Loan. As of the date of its origination, there was no proceeding pending for the total or partial condemnation of any related Mortgaged Property that materially affects the value thereof, there is no pending proceeding for the total or partial condemnation of the related Mortgage Loan, each Mortgaged Property is, to that materially affects the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage Loanthereof. The Seller has received no notice of the commencement of any proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination of each Mortgage Loan, all of the material improvements on the related Mortgaged Property which that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination or acquisition of the related Mortgage LoanPurchased Loan and included in the related Purchased Loan File, each Mortgaged Property is, to the Seller's knowledge, is free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted), except to the extent reserves have been established to cover the costs to remediate such damages. The Seller has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination or acquisition of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.

Condition of Property; Condemnation. Except as set forth in an engineering report prepared in connection with the origination or acquisition of the related Mortgage LoanPurchased Loan and included in the related Purchased Loan File, to Seller's actual knowledge each Mortgaged Property is, to the Seller's knowledge, is free and clear of any damage that would materially and adversely affect its value as security for the related Mortgage LoanPurchased Loan (normal wear and tear excepted), except to the extent reserves have been established to cover the costs to remediate such damages. The Neither Seller nor mortgagee has received no notice of the commencement of any pending or threatened proceeding for the condemnation of all or any material portion of any Mortgaged Property. To the Seller's knowledge (based on surveys and/or title insurance obtained in connection with the origination of the Mortgage Loans), as As of the date of the origination or acquisition of each Mortgage Purchased Loan, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to herein or that do not materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties materially encroached encroach upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the Title Policy referred to herein.