J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., Depositor MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Master Servicer CWCAPITAL ASSET MANAGEMENT LLC, Special Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION, as...Pooling and Servicing Agreement • March 14th, 2013 • J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10 • Asset-backed securities • New York
This Pooling and Servicing Agreement is dated and effective as of March 1, 2013, among J.P. Morgan Chase Commercial Mortgage Securities Corp., as Depositor, Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer, CWCapital Asset Management LLC, as Special Servicer, Wells Fargo Bank, National Association, as Certificate Administrator, Wells Fargo Bank, National Association, as Trustee, and Park Bridge Lender Services LLC, as Senior Trust Advisor.
J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP.,Mortgage Loan Purchase Agreement • March 14th, 2013 • J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10 • Asset-backed securities • New York
Rep. No. on Exhibit B Mortgage Loan and Number as Identified on Exhibit A Description of Exception The carveout for losses relating to intentional misrepresentation is specifically tied to the execution and delivery of the loan documents. The loan is full recourse (rather than losses only) if borrower or its affiliates commit fraud in connection with the execution and delivery of the loan documents. 28 Sky Hotel Aspen (Loan No. 27) (Recourse Obligations) – The involuntary bankruptcy carveout only applies if such involuntary bankruptcy is not discharged, stayed or dismissed within 60 days. There is a carveout for misapplication or misappropriation of security deposits, but there is no separate carveout specific to security deposits not being delivered to lender upon foreclosure or action in lieu thereof. The carveout for losses relating to intentional misrepresentation is specifically tied to the execution and delivery of the loan documents. The loan is full recourse (rather than lo
J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP.,Mortgage Loan Purchase Agreement • March 14th, 2013 • J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10 • Asset-backed securities • New York
Rep. No. on Exhibit B Mortgage Loan and Number as Identified on Exhibit A Description of Exception Mortgage File. 9 The Sterling Portfolio B (Loan No. 8) (Junior Liens) – There is a mezzanine loan in the amount of $3,417,607.00 made by Redwood Commercial Mortgage Corporation to the sole member of the related Mortgagor. In connection with the mezzanine loan, the Mortgage Loan Seller and the mezzanine lender entered into an intercreditor agreement, a copy of which is included in the related Mortgage File. 9 Platinum Tower (Loan No. 11) (Junior Liens) – Future mezzanine debt is permitted in connection with a sale of the property to a third party provided certain conditions are satisfied, which conditions include the following: (i) a combined maximum LTV of 70.0%; (ii) a combined minimum DSCR of 1.45x; and (iii) the execution of an intercreditor agreement satisfactory to the lender. 9 The Hotel Wilshire (Loan No. 25) (Junior Liens) – Future mezzanine debt is permitted in connection with a
J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER, and CIBC INC. SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of March 14, 2013 Fixed Rate Mortgage Loans Series 2013-C10Mortgage Loan Purchase Agreement • March 14th, 2013 • J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10 • Asset-backed securities • New York
Rep. No. on Exhibit B Mortgage Loan and Loan Number as Identified on Exhibit A Description of Exception has the right to obtain a release of the Option Parcel from the lien of the Mortgage Loan documents as more fully set forth therein. The Option Parcel, and income therefrom, was not given any value in either the underwriting of the income of the related Mortgaged Property or the appraisal obtained in connection with this Mortgage Loan. 9 Fashion Outlets of Santa Fe (Loan No. 38) (Junior Liens) – There is a $4,000,000 Mezzanine Loan by PCI Investors Fund II LLC to Talisman Santa Fe Fashion LLC, owner of the related Mortgagor, secured by a pledge of 100% of the beneficial interests in the Mortgagor. In connection with the mezzanine loan, the Mortgage Loan Seller and the mezzanine lender entered into an intercreditor agreement, a copy of which is included in the related Mortgage File. 18 Pot-Nets Manufactured Housing Portfolio (Loan No. 5) (Insurance) – The business interruption or rent
