Common use of Junior Liens Clause in Contracts

Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C.

Appears in 52 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2018-H4), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2018-L1), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2020-L4)

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Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Mortgage Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Except as set forth in Schedule 2-A to this Exhibit 2, Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C..

Appears in 33 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2016-Ubs9), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33)

Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Mortgage Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exh. C-3 Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Except as set forth in Exhibit C-32-1 to this Exhibit C, Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C..

Appears in 29 contracts

Samples: Mortgage Loan Purchase Agreement (UBS Commercial Mortgage Trust 2017-C1), Mortgage Loan Purchase Agreement (UBS Commercial Mortgage Trust 2018-C12), Mortgage Loan Purchase Agreement (UBS Commercial Mortgage Trust 2018-C10)

Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Mortgage Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Except as set forth in Schedule 2-C to this Exhibit 2, Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C..

Appears in 22 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C32), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2016-Ubs12), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C32)

Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Mortgage Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Except as set forth in Schedule 2-C or Schedule 2-D to this Exhibit 2, Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C..

Appears in 15 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2018-H3), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2017-H1), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2017-H1)

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Junior Liens. It being understood that Subordinate Companion Loans secured by the same Mortgage as a Mortgage Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying Loans, there are, as of origination, and to Seller’s knowledge, as of the Cut-off Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title Exceptions, taxes and assessments, mechanics’ and materialmen’s liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). Seller has no knowledge of any mezzanine debt secured directly by interests in the related Mortgagor, other than as set forth on Schedule 2-C.C to this Exhibit 2.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2018-L1)

Junior Liens. It being understood that Subordinate Companion Loans B notes secured by the same Mortgage as a Mortgage Purchased Loan are not subordinate mortgages or junior liens, except for any Crossed Underlying LoansPurchased Loan that is cross-collateralized and cross-defaulted with another Purchased Loan, there are, as of origination, and to the best knowledge of Seller’s knowledge, as of the Cut-off Purchase Date, no subordinate mortgages or junior liens securing the payment of money encumbering the related Mortgaged Property (other than Permitted Encumbrances and the Title ExceptionsEncumbrances, taxes and assessments, mechanics’ mechanics and materialmen’s materialmens liens (which are the subject of the representation in paragraph (5) above), and equipment and other personal property financing). The Seller has no knowledge of any mezzanine debt secured directly by direct interests in the related Mortgagor, other than as set forth on Schedule 2-C..

Appears in 1 contract

Samples: Master Repurchase Agreement (Resource Capital Corp.)

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