Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO THE REPRESENTATIONS AND WARRANTIES
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO THE REPRESENTATIONS AND WARRANTIES Representation #2 - Ownership of the Mortgage Loans -------------------------------------------------------------------------------- Loan Number Loan Name Description of Exception -------------------------------------------------------------------------------- Glendale Galleria The Mortgage Loan that will be included in the trust is, together with another mortgage loan with which it is pari passu in right of payment, a senior loan in a multiple loan structure comprised of multiple mortgage loans, all of which (whether or not included in the trust) are secured by the same mortgage instrument and are cross-defaulted. -------------------------------------------------------------------------------- Representation #4 - Lien; Valid Assignment -------------------------------------------------------------------------------- Loan Number Loan Name Description of Exception -------------------------------------------------------------------------------- Xxxxxxx Xxxxxx - Missouri The Lender will have a valid and enforceable first priority lien on the fee estate of the mortgaged Property and a direct assignment by Borrower, as assignor, to Lender, as assignee, of that certain Master Lease (the "Master Lease") between the Borrower, as Master Lessor, and New Xxxxxxx Leasing, L.P., as Master Lessee; provided, however, that the Master Lessee will only assign the subleases under the Master Lease to the Borrower in order to ensure that the Master Lease is a "true lease" for tax purposes, and thus, only by virtue of the assignment of the Master Lease from Borrower to Lender, shall the subleases be indirectly assigned to Lender. In addition, although the Lender will have a first priority lien on the fee estate of the mortgaged Property and assignments of the Master Lease and its respective subleases, the Master Lease will be also be subordinated to the Lender's rights under -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- the loan documents pursuant to a Subordination Agreement to be executed by the Master Lessee for the benefit of Lender (the "Subordination Agreement"), which will contain a limited non-disturbance provision for the Master Lessee (which provision would only become ineffective until the date which is sixty-six months immediately fo...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Numbers and titles correspond to the representation number and corresponding titles in the related Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement. The loan numbers correspond to the control numbers listed in Annex A-1 to the Prospectus Supplement. Any exception listed below in respect of a particular representation or warranty shall also be deemed to apply to any other applicable representation or warranty. --------------------------------------------------------------------------------
Origination of the Mortgage Loans. The Seller or an affiliate thereof originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES Exceptions to Representation 4 ------------------------------ -------------------------------------------------------------------------------- LOANS DESCRIPTION OF EXCEPTION -------------------------------------------------------------------------------- 010-1536 Snoqualmie Ridge Mall A former owner of the Mortgaged Property has the right to repurchase the Mortgaged Property until all "to-be-constructed improvements" on the Mortgaged Property are completed. The right to repurchase is subordinate to the related Mortgage. -------------------------------------------------------------------------------- 010-1638 Foothill Plaza Certain tenants have been granted a right of first refusal to purchase its leased premises and/or the related Mortgaged Property, subject to certain terms and conditions contained in its lease. The foregoing right of first refusal is subordinate to the related Mortgage and is not exercisable in a foreclosure sale. -------------------------------------------------------------------------------- Exceptions to Representation 6 ------------------------------ -------------------------------------------------------------------------------- LOANS DESCRIPTION OF EXCEPTION -------------------------------------------------------------------------------- 010-1575 Cruse Crossing All operative mortgage loan documents Shopping Center have been remade and re-executed to reflect certain restructuring of the borrowing entity and the replacement of a guarantor thereunder. -------------------------------------------------------------------------------- 010-1649 Spring Creek The Mortgage was amended pursuant to a Modification Agreement dated July 25, 2006, which provided for, among other things; (i) the right of the borrower to build out an additional 10,000 square feet on the second floor of the Mortgaged Property, subject to the terms and conditions contained in the Modification Agreement; and (ii) the requirement that proceeds paid from the leasing achievement reserve be paid jointly to the borrower and the entity that sold the Mortgaged Property to the borrower. -------------------------------------------------------------------------------- 010-1634 Sansegal Industrial The Mortgage was modified to allow a Building specified individual that could not take an ownership interest in the borrower at the time of closin...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Representation 4 U-Haul SAC 12 & 13, The related Mortgage Loans have been closed in the Santa Clarita Plaza, name of MERS and therefore no assignment of Pacific Asian Plaza, mortgage needs to be recorded in the public Solita Soho Hotel, records however, certain actions need to be taken Federal Way Crossings to cause the related Trust to be shown as the II, Lancaster Courtyard owner of the loans in the records of MERS. by Marriott, 198 & 200 Main Street, CVS West Hempsteax, Xxxxxxxxx Xxephens City Farallon Portfolio The related Mortgage Loans that will be included in the trust are senior and subordinate loans in a multiple loan structure comprised of 37 mortgage loans, each of which (whether or not included in the trust) is secured by the same mortgage instrument and are cross defaulted with the others. The related Mortgagor owns approximately 143 manufactured homes (out of 57,000 pads) for which either no lien was created or the lien may not be perfected. With respect to clause (e), certain states and municipalities have adopted laws and regulations specifically regulating the ownership and operation of manufactured home communities which may grant to community residents a right of first refusal on a sale of their community by the owner to a third-party. With respect to clause (e), a portion of the Portside manufactured home community is subject to a right of first refusal in favor of a third party that applies if such portion of such manufactured home community (but not the entire manufactured home community) is conveyed.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. EXHIBIT A MORTGAGE LOAN SCHEDULE [ATTACHED] Exh-A-1 MORTGAGE LOAN SCHEDULE ------------------------------------------------------------------------------------------------------------------------------------ LOAN # PROPERTY NAME MORTGAGE LOAN SELLER PROPERTY TYPE ADDRESS ------------------------------------------------------------------------------------------------------------------------------------ 9 Mall at Fairfield Commons Key Retail 2727 Fairfield Commons 14 Greystone Meadows Apartments Xxx Xxxxxxxxxxx 00000 0xx Ave South 18 Georgetown Oaks Apartments Xxx Xxxxxxxxxxx 000 Xxxxxxxxx Xxxx 00 Xxxx Buy - Metairie Key Retail 6205 Veterans Memorial Boulevard 22 Encinitas Self Storagx Xxx Self Storage 911 Encinitas Boulevard 23 Shallotte Crossing Xxx Retail Main Street and Holden Beach Road 24 Wildwood Acres Key Multifamily 13418 Dottie Drive 27 Locust Grove Village Shopping Centex Xxx Retail 4994 Bill Gardner Parkway 29 Shakopee Valley Marketplace Xxx Retail 1529 17th Avenue East 30 East Hills Plaza Xxx Retail 2611 Fashion Place 31 Tops Plaza - North Ridgeville Xxx Xxxxxx 00000 Xxxxxx Xidge Road 33 Micro Center Xxx Retail 8000 East Quincy Avenue 37 Sunrise Place/Village Apartmenxx Xxx Multifamily 837 Michigan Street and 660 Gateway Court 37.01 Sunrise Villxxx Xxxxxxxxx Multifamily 660 Gateway Court 37.02 Sunrise Place Apartments Multifamily 837 Michigan Street 38 Keep It Self Storage Xxx Self Storage 4444 Vineland Avenue 39 Tequesta Shoppes Xxx Retail 105 North U.S. Highway 1 41 Second Street Studios Xxx Mixed Use 1807 Second Street 42 Euless Square Xxx Multifamily 1304 Raider Drive 45 Shoppes of Woodmont Xxx Retail 8197-8199 North University Drive 46 333-335 Newbury Streex Xxx Mixxx Xxx 000-000 Newbury Street 47 Woodinville Heated Self-Storage Xxx Self Storage 14715 Northeast North Woodinville Way 50 A-Sentry Mini Stxxxxx Xxx Self Storage 225 Boniface Parkway 52 Walgreens - Brentwood Xxx Xxxxxx 0000 Xxxxxxx Xxxx 00 Xxxxxxens - Suwanee, GA Xxx Xxxxxx 0000 Xxxchtree Industrial Boulevard 60 Enterprise Plaza Xxx Retail 6140 University Drive NW 62 Prindle Terrace Apartments Xxx Xxxxxxxxxxx 239 Indian River Road 64 Latham Professional Center Xxx Offxxx 4361 Latham Street 69 Ashton Apartments Xxx Multifamily 711 East 18th Street 70 Ryegate Apartments Xxx Multifamily 901 East 18th Avenue 71 North Hills Commons Xxx Retail 3521 Clemson Boulevard 73 The Birches Apartments Xxx Multifamily 8003 North El Dorado Street 74...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Note: Loan No. 10029715/Towers at University Town Center is structured as a Maryland indemnity deed of trust transaction and as such, the related guaranty agreement of the property owner, rather than the promissory note of the related Borrower, is secured by an indemnity deed of trust. For certain representations and warranties set forth below, with respect to such Mortgage Loan, statements regarding the Borrower relate to the guarantor as the owner of the Mortgaged Property.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Exceptions to Paragraph (13): 940951485 Fiesta Mart - Austin and 940951486 Fiesta Mart. In connection with these mortgage loans, terrorism insurance was waived since the tenant is responsible for damage to the property pursuant to the lease, however, terrorism insurance is currently provided. Exceptions to Paragraph (47): 940951485 Fiesta Mart - Austin and 940951486 Fiesta Mart - Dallas. In connection with these mortgage loans, the borrower is to provide annual operating statements and rent rolls. Annex B (to Schedule I) Mortgaged Properties as to Which the Only Environmental Investigations Conducted in Connection with the Origination of the Related Mortgage Loan Were With Respect to Asbestos-Containing Materials and Lead-Based Paint. (Representation 12) [None.] Annex C (to Schedule I) Mortgage Loans Covered By Secured Creditor Impaired Property Environmental Insurance Policies (Representations 12 and 49) 940951540 Madison Xxxxxxx Apartments 940951160 Main Street Station 940951158 Xxx 89 Center 940951159 Rosehill Center 940951428 SONO at Xxxxxxxx & North Main SCHEDULE II Mortgage Loan Schedule [Attached] MLHT 2005-MCP1(PSA Exhibit) Loan Level Property Level Loan # Property Name Mortgage Property Address Loan Type Seller Loan # Property Name City County State IO Monthly Zip Cutoff Balance Original Debt Loan # Property Name Code (6/1/2005) Balance Service 9 The Mansions at Xxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxxx 00000 37,360,000.00 37,360,000.00 163,194.88 00 Xxx Xxxxxx xx Xxxx Xxxxx Xxxxxxxxxx 00000 33,900,000.00 33,900,000.00 151,518.09 13 Xxxxxxxx Xxxx Xxxxxx 00000 31,875,000.00 31,875,000.00 140,043.40 00 Xxxxxx Xxxxx Xxx/Xxxxx Xxxxxxxxx Xxxxx Xxxxxx 00000 15,000,000.00 15,000,000.00 76,675.35 00 Xxxxx Xxxxx Xxxxxx 0 7407 13,425,985.16 13,440,000.00 00 Xxxxxxxxxx XXX Xxxxxx Xxxxxxxx 00000 12,300,000.00 12,300,000.00 54,663.82 00 Xxxxxxxxxx Xxxxxxx Xxxxxx - XXX 00 00000 11,925,000.00 11,925,000.00 57,329.71 00 Xxxxxxx Xxx Xxxxxxx Xxxxxx 00000 11,850,000.00 11,850,000.00 53,064.41 00 Xxxx Xxxxx Xxxxxxxxx Xxxxxx 0000 11,500,000.00 11,500,000.00 53,246.07 00 Xxxxxx Xxxx - Xxxxxx 00000 10,920,582.19 10,944,000.00 45 Oceanside Retail Center 92054 10,600,000.00 10,600,000.00 46,750.42 00 Xxxxxxxxxx Xxxxxxxxxx 00000 10,500,000.00 10,500,000.00 45,244.79 00 Xxxxxxxxxx Xxxxxx - Xxxxxxxxxxx 00000 9,337,425.96 9,350,000.00 00 XXXX xx Xxxxxxxx & No...
Origination of the Mortgage Loans. With respect to Loans 35 and 00, Xxxxxxx Xxx, Xxxxxxx, XX and Hampton Inn, Great Valley, PA, each of the Mortgage Loans was originated by Wachovia Bank, National Association, was assigned to entities controlled by Gramercy Capital Corp. and was purchased by IXIS Real Estate Capital, Inc. ANNEX B (TO SCHEDULE I) MORTGAGED PROPERTIES AS TO WHICH THE ONLY ENVIRONMENTAL INVESTIGATIONS CONDUCTED IN CONNECTION WITH THE ORIGINATION OF THE RELATED MORTGAGE LOAN WERE WITH RESPECT TO ASBESTOS-CONTAINING MATERIALS AND LEAD-BASED PAINT. (REPRESENTATION 12) [None.] ANNEX C (TO SCHEDULE I) MORTGAGE LOANS COVERED BY SECURED CREDITOR IMPAIRED PROPERTY ENVIRONMENTAL INSURANCE POLICIES (REPRESENTATIONS 12 AND 49) [None.] SCHEDULE II MORTGAGE LOAN SCHEDULE MLMT 2005 - CIP1 IXIS MORTGAGE LOAN SCHEDULE <TABLE> LOAN # PROPERTY NAME MORTGAGE LOAN SELLER PROPERTY TYPE ADDRESS --------------------------------------------------------------------------------------------------------------------------------
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties ML-CFC 2007-7 Exceptions to Representations and Warranties of the Countrywide Mortgage Loans Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement for Countrywide. Note: The Mortgage Loans known as Lewis Portfolio, Greenspring Valley Office Center, identified on Annex X-0 by ID #65 and 297 have an Indemnity Deed of Trust structure. The related borrowers under such Mortgage Loans executed and delivered the related notes to the lender and are obligated to make payments thereunder. The related property owners for such Mortgage Loans have guaranteed all amounts payable by the borrowers under the related notes, which guaranties are secured by indemnity deeds of trust in favor of the lender. With respect to the above referenced Mortgage Loans, certain of the representations regarding the borrowers refer to the property owners of the related Mortgaged Property as well. Annex A-1 ID # Mortgage Loan Exception -------------------------------------------------------------------------------- Exceptions to Representation 4: Lien; Valid Assignment 282 Beverly Blvd. Retail A restrictive covenant pxxxxxxxxxx Xenter the sale, advertisement, storage or distribution of any motor vehicle fuels, including but not limited to petroleum products, encumbers the Mortgaged Property and is not subordinate to the Mortgage Loan. If the restrictive covenant is breached, an unrelated third party has the option to purchase the Mortgaged Property, in which case the Mortgage Loan will become full recourse to the guarantor for the entire indebtedness plus yield maintenance.
