Common use of Foreclosure Property Clause in Contracts

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. Schedule A Exceptions to Representations and Warranties 2006-TOP25 - ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Capital Inc. Schedule A: Representation Exceptions REP. 2. Whole Loan; Ownership of Mortgage Loans,

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. Schedule SCHEDULE A Exceptions to Representations and Warranties 2006-TOP25 - ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Capital Inc. Schedule A: Representation Exceptions REPto Representations and Warranties REP NO. 2LOAN NO. Whole Loan; Ownership of Mortgage Loans,LOAN NAME EXPLANATION ------------------------ -------- ------------------------------------ -------------------------------------------------------

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. Schedule A Exceptions to Representations and Warranties 2006-TOP25 - ▇▇Principal Commercial Funding, LLC Schedule B Schedule C List of Mortgage Loans Subject to Secured Creditor Impaired Property Policies EXHIBIT 3 PRICING FORMULATION Principal: _________________ EXHIBIT 4 ▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Capital Inc. Schedule A: Representation Exceptions REP. 2. Whole Loan; Ownership of Mortgage Loans,OF SALE

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. Schedule A Exceptions to Representations and Warranties 2006-TOP25 - ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Capital Inc. Schedule A: Representation Exceptions REPto Representations and Warranties REP NO. 2LOAN NO. Whole Loan; Ownership of Mortgage Loans,LOAN NAME EXPLANATION ------------------------ -------- ---------------------- -----------------------------------