Common use of Trustee under Deed of Trust Clause in Contracts

Trustee under Deed of Trust. If the Mortgage for any Mortgage Loan is a deed of trust, then (a) a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves or may be substituted in accordance with the Mortgage and applicable law, and (b) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for such Mortgage Loan and all such fees and expenses are the obligation of the Mortgagor under the Mortgage.

Appears in 25 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Banc of America Commercial Mortgage Inc., Series 2006-3), Mortgage Loan Purchase and Sale Agreement (Banc of America Commercial Mortgage Inc., Series 2007-3), Mortgage Loan Purchase and Sale Agreement (Banc of America Commercial Mortgage Inc., Series 2005-5)

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Trustee under Deed of Trust. If the Mortgage for any Mortgage Loan is a deed of trust, then (a) a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves or may be substituted in accordance with the Mortgage and applicable law, and (b) no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor Borrower or in connection with any full or partial release of the related Mortgaged Property or related security for such Mortgage Loan and all such fees and expenses are the obligation of the Mortgagor Borrower under the Mortgage.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (Salomon Brothers Mortgage Securities Vii Inc), Mortgage Loan Purchase Agreement (Salomon Brothers Mortgage Securities Vii Inc), Mortgage Loan Purchase Agreement (Salomon Brothers Mortgage Securities Vii Inc)

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Trustee under Deed of Trust. If the Mortgage for any the Mortgage Loan is a deed of trust, then (a) a trustee, duly qualified under applicable law to serve as such, has either been properly designated and currently so serves or may be substituted in accordance with the Mortgage and applicable law, and (b) no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor Borrower or in connection with any full or partial release of the related Mortgaged Property or related security for such the Mortgage Loan and all such fees and expenses are the obligation of the Mortgagor Borrower under the Mortgage.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Salomon Brothers Mortgage Securities Vii Inc)

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