0001539497-23-000303 Sample Contracts

AGREEMENT BETWEEN NOTE HOLDERS Dated as of November 30, 2022 by and between and and and and Triple Net Portfolio
Agreement Between Note Holders • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of November 30, 2022 by and between 3650 REAL ESTATE INVESTMENT TRUST 2 LLC (in its capacity as initial owner of the Note A-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”), 3650 REAL ESTATE INVESTMENT TRUST 2 LLC (in its capacity as initial owner of the Note A-2, the “Initial Note A-2 Holder”), 3650 REAL ESTATE INVESTMENT TRUST 2 LLC (in its capacity as initial owner of the Note A-3, the “Initial Note A-3 Holder”), 3650 REAL ESTATE INVESTMENT TRUST 2 LLC (in its capacity as initial owner of the Note A-4, the “Initial Note A-4 Holder”) and 3650 REAL ESTATE INVESTMENT TRUST 2 LLC (in its capacity as initial owner of the Note A-5, the “Initial Note A-5 Holder” and, together with the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the “Initial Note Holders”).

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CO-LENDER AGREEMENT Dated as of October 25, 2022 by and between CITI REAL ESTATE FUNDING INC. (Initial Note A-1 Holder) and CITI REAL ESTATE FUNDING INC. (Initial Note A-2-1 Holder) and CITI REAL ESTATE FUNDING INC. (Initial Note A-2-2 Holder) and...
Co-Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (this “Agreement”), dated as of October 25, 2022 is by and between 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-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”) , CREFI (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2-1, the “Initial Note A-2-1 Holder”), CREFI (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2-2, the “Initial Note A-2-2 Holder”) and CREFI (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” and, together with the Initial Note A-1 Holder, the Initial Note A-2-1 Holder and the Initial Note A-2-2 Holder, the “Initial Note Holders”).

CO-LENDER AGREEMENT Dated as of June 28, 2022 by and between NATIXIS REAL ESTATE CAPITAL LLC (Note A-1 Holder) and NATIXIS REAL ESTATE CAPITAL LLC (Note A-2 Holder)
Co-Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of June 28, 2022, is by and between NATIXIS REAL ESTATE CAPITAL LLC, a Delaware limited liability company (“Natixis”), having an address at 1251 Avenue of the Americas, New York, New York 10020, as the holder of Note A-1, Natixis in its capacity as initial agent, the “Initial Agent” and Natixis, as the holder of Note A-2.

BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and NATIXIS REAL ESTATE CAPITAL LLC SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2023 BMO Mortgage Trust 2023-C4 Commercial Mortgage Pass-Through Certificates, Series 2023-C4
Pooling and Servicing Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

This Mortgage Loan Purchase Agreement (“Agreement”), dated as of February 1, 2023, is between BMO Commercial Mortgage Securities LLC, a Delaware limited liability company, as purchaser (the “Purchaser”), and Natixis Real Estate Capital LLC, a Delaware limited liability company, as seller (the “Seller”).

AGREEMENT BETWEEN NOTEHOLDERS Dated as of August 3, 2022 by and among BANK OF MONTREAL (Initial BMO Note A Holder) CITI REAL ESTATE FUNDING INC. (Initial CREFI Note A Holder) STARWOOD MORTGAGE CAPITAL LLC (Initial SMC Note A Holder) BANK OF MONTREAL...
Agreement Between Noteholders • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS AGREEMENT BETWEEN NOTEHOLDERS, dated as of August 3, 2022, by and between BANK OF MONTREAL (together with its successors in interest and assigns, “BMO”), a Canadian chartered bank (in its capacity as initial owner of the BMO A Notes, the “Initial BMO Note A Holder” and, in its capacity as the initial agent, the “Initial Agent”), CITI REAL ESTATE FUNDING INC. (together with its successors in interest and assigns, “CREFI”), a New York corporation (in its capacity as initial owner of the CREFI A Notes, the “Initial CREFI Note A Holder”), STARWOOD MORTGAGE CAPITAL LLC (together with its successors in interest and assigns, “SMC”), a Delaware limited liability company (in its capacity as initial owner of the SMC A Notes, the “Initial SMC Note A Holder”), BMO (in its capacity as initial owner of Note B-A, the “Initial Note B-A Holder”), and Park West Village Grand Avenue Partners, LLC (“PWV Grand Avenue”) (in its capacity as initial owner of Note B-B, the “Initial Note B-B Holder”).

CO-LENDER AGREEMENT Dated as of October 28, 2022 between LMF COMMERCIAL, LLC (Note A-1 Holder) and LMF COMMERCIAL, LLC (Note A-2 Holder) and LMF COMMERCIAL, LLC (Note A-3 Holder) and LMF COMMERCIAL, LLC (Note A-4 Holder)
Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of October 28, 2022, is between LMF COMMERCIAL, LLC, a Delaware limited liability company (“LMF”), having an address at 590 Madison Avenue, 9th Floor, New York, New York 10022, as the holder of Note A-1 (the “Initial Note A-1 Holder”), LMF, as the holder of Note A-2 (the “Initial Note A-2 Holder”), LMF, as the holder of Note A-3 (the “Initial Note A-3 Holder”) and LMF, as the holder of Note A-4 (the “Initial Note A-4 Holder”).

CO-LENDER AGREEMENT Dated as of January 12, 2023 by and between BANK OF MONTREAL (Initial Note A-1 Holder) and BANK OF MONTREAL (Initial Note A-2 Holder) Latitude at South Portland Mortgage Loan
Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (this “Agreement”), dated and effective as of January 12, 2023, by and between BANK OF MONTREAL (“BMO” and together with its successors and assigns in interest, in its capacity as owner of each of Note A-1, the “Initial Note A-1 Holder”), and BMO (together with its successors and assigns in interest, in its capacity as owner of Note A-2, the “Initial Note A-2 Holder”, and in its capacity as the initial agent, the “Initial Agent” and, together with the Initial Note A-1 Holder, the “Initial Note Holders”).

COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2023-C4
Underwriting Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities

BMO Capital Markets Corp. 151 West 42nd Street New York, New York 10036 Bancroft Capital, LLC 501 Office Center Drive, Suite 130 Fort Washington, Pennsylvania 19034

NATIXIS REAL ESTATE CAPITAL LLC (Note A-A-1 Holder) MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, AS MASTER SERVICER ON BEHALF OF WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF...
Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS AMENDED AND RESTATED CO-LENDER AGREEMENT (the “Agreement”), dated as of December 9, 2022, by and among Natixis Real Estate Capital LLC (“Natixis”), having an address at 1251 Avenue of the Americas, New York, New York 10020 (in its capacity as the initial owner of Note A-A-1, the “Initial Note A-A-1 Holder”), Midland Loan Services, a Division of PNC Bank, National Association, as master servicer on behalf of Wilmington Trust, National Association, as trustee for the benefit of the registered holders of BBCMS Mortgage Trust 2022-C16, Commercial Mortgage Pass-Through Certificates, Series 2022-C16, having an address at 10851 Mastin Street, Suite 700, Overland Park, Texas 66210 (in its capacity as the initial owner of Note A-A-2, the “Initial Note A-A-2 Holder”), Natixis, having an address at 1251 Avenue of the Americas, New York, New York 10020 (in its capacity as the initial owner of Note A-A-3, the “Initial Note A-A-3 Holder”), Natixis, having an address at 1251 Avenue of the Americ

BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and BANK OF MONTREAL SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2023 BMO Mortgage Trust 2023-C4 Commercial Mortgage Pass-Through Certificates, Series 2023-C4
Pooling and Servicing Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

This Mortgage Loan Purchase Agreement (“Agreement”), dated as of February 1, 2023, is between BMO Commercial Mortgage Securities LLC, a Delaware limited liability company, as purchaser (the “Purchaser”), and Bank of Montreal, a Canadian chartered bank, as seller (the “Seller”).

CO-LENDER AGREEMENT Dated as of November 22, 2022 by and between SPREF WH II LLC (Initial Note A-1 Holder) and SPREF WH II LLC (Initial Note A-2 Holder) and SPREF WH II LLC (Initial Note A-3 Holder) and SPREF WH II LLC (Initial Note A-4 Holder) and...
Co-Lender Agreement • February 14th, 2023 • BMO 2023-C4 Mortgage Trust • Asset-backed securities • New York

THIS CO-LENDER AGREEMENT (this “Agreement”), dated as of November 22, 2022, by and between SPREF WH II LLC, a Delaware limited liability company (“Argentic” 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 Holder”, and in its capacity as the initial agent, the “Initial Agent”), SPREF WH II LLC, a Delaware limited liability company (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”), SPREF WH II LLC, a Delaware limited liability company (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”), SPREF WH II LLC, a Delaware limited liability company (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”), SPREF WH II LLC, a Delaware limited liability company (together wit

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