Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36 Sample Contracts

MORTGAGE LOAN PURCHASE AGREEMENT
Mortgage Loan Purchase Agreement • August 14th, 2026 • Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36 • Asset-backed securities

This Mortgage Loan Purchase Agreement (this “Agreement”) is dated and effective as of August 12, 2026, between Wells Fargo Bank, National Association, as seller (in such capacity, together with its successors and permitted assigns hereunder, the “Mortgage Loan Seller” or “Seller”), and Banc of America Merrill Lynch Commercial Mortgage Inc., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the “Purchaser”).

AGREEMENT BETWEEN NOTE HOLDERS Dated as of July 27, 2026 by and between BANK OF AMERICA, NATIONAL ASSOCIATION (Initial Note A-1 Holder and Initial Note A-2 Holder), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Initial Note A-3 Holder and Initial Note...
Agreement Between Note Holders • August 14th, 2026 • Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36 • Asset-backed securities • New York

This AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of July 27, 2026, by and between BANK OF AMERICA, NATIONAL ASSOCIATION (together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 (as defined below), the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”), BANK OF AMERICA, NATIONAL ASSOCIATION (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 (as defined below), the “Initial Note A-2 Holder”), WELLS FARGO BANK, NATIONAL ASSOCIATION (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 (as defined below), the “Initial Note A-3 Holder”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 (as defined below), the “Initial Note A-4 Holder” and together with the Initial Note A-1 Holder, Initial Note A-2 Holder and Initi

CO-LENDER AGREEMENT Dated as of July 23, 2026 by and between BANK OF MONTREAL (Initial Note A-1 Holder) and BANK OF MONTREAL (Initial Note A-2 Holder) and BANK OF MONTREAL (Initial Note A-3 Holder) and BANK OF MONTREAL (Initial Note A-4 Holder) and...
Co-Lender Agreement • August 14th, 2026 • Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36 • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (this “Agreement”), dated as of July 23, 2026 is by and between BANK OF MONTREAL, a Canadian chartered bank (“BMO” and, together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1, the “Initial Note A-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”), BMO (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the “Initial Note A-2 Holder”), BMO (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3, the “Initial Note A-3 Holder”), BMO (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-4, the “Initial Note A-4 Holder”), CITI REAL ESTATE FUNDING INC. (“CREFI” and, together with its successors and assigns in interest, in its capacity as initial owner of the Note A-5, the “Initial Note A-5 Holder”), CREFI (together with its succe

MORGAN STANLEY BANK OF AMERICA MERRILL LYNCH TRUST 2026-C36 COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2026-C36 UNDERWRITING AGREEMENT As of August 12, 2026
Underwriting Agreement • August 14th, 2026 • Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36 • Asset-backed securities • New York

Banc of America Merrill Lynch Commercial Mortgage Inc., a Delaware corporation (the “Depositor”), intends to issue its Morgan Stanley Bank of America Merrill Lynch Trust 2026-C36, Commercial Mortgage Pass-Through Certificates, Series 2026-C36 (the “Certificates”), in multiple classes (each, a “Class”) as designated in the Prospectus (as defined below). Pursuant to this underwriting agreement (the “Agreement”), the Depositor further proposes to sell to BofA Securities, Inc. (“BofA Securities”), Morgan Stanley & Co. LLC (“MS&Co.”), Barclays Capital Inc. (“BCI”), Citigroup Global Markets Inc. (“CGMI”), J.P. Morgan Securities LLC (“JPMS”), Wells Fargo Securities, LLC (“Wells Fargo Securities”), Academy Securities, Inc. (“Academy”) and Drexel Hamilton, LLC (“Drexel” and, collectively with BofA Securities, MS&Co., BCI, CGMI, JPMS, Wells Fargo Securities and Academy, the “Underwriters”) the Certificates set forth in Schedule I hereto (the “Registered Certificates”) in the respective original