Common use of Condition of Property Clause in Contracts

Condition of Property. The Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within four months of origination of the Mortgage Loan and within twelve months of the Cut-off Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan no more than twelve months prior to the Cut-off Date, which indicates that, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent (i) any damage or deficiencies that would not materially and adversely affect the use, operation or value of the Mortgaged Property or the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; (ii) such repairs have been completed; or (iii) escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates for securitization have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 295 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2023-V3 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2023-B39 Mortgage Trust)

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Condition of Property. The Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within four months of origination of the Mortgage Loan and within twelve months of the Cut-off Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan no more than twelve months prior to the Cut-off Date, which indicates that, that except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent (i) any damage or deficiencies that would not materially and adversely affect the use, operation or value of the Mortgaged Property or the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; (ii) such repairs have been completed; or (iii) escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates for securitization have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2022-B32 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2021-B28 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2021-B24 Mortgage Trust)

Condition of Property. The Seller or the originator of the Mortgage Loan Purchased Asset inspected or caused to be inspected each related Underlying Mortgaged Property within four six months of origination of the Mortgage Loan Purchased Asset and within twelve months of the Cut-off Purchased Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan Purchased Asset no more than twelve months prior to the Cut-off Purchase Date. To Seller’s knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Underlying Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property was (a) is free and clear of any material damage, (b) is in good repair and condition, condition and (c) is free of structural defects, except to the extent in each case (i) for any damage or deficiencies that would not materially and adversely affect the use, operation or value of the such Underlying Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Purchased Asset, (ii) if such repairs have been completed; completed or (iii) if escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates its holds for securitization its own account have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Underlying Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Underlying Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove.

Appears in 2 contracts

Samples: Custodial Agreement (Claros Mortgage Trust, Inc.), Custodial Agreement (Claros Mortgage Trust, Inc.)

Condition of Property. The Seller or the originator of the Mortgage Loan Purchased Asset inspected or caused to be inspected each related Underlying Mortgaged Property within four six months of origination of the Mortgage Loan Purchased Asset and within twelve months of the Cut-off Purchase Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan Purchased Asset no more than twelve months prior to the Cut-off Purchase Date. To Seller’s knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Underlying Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property was (a) is free and clear of any material damage, (b) is in good repair and condition, condition and (c) is free of structural defects, except to the extent in each case (i) for any damage or deficiencies that would not materially and adversely affect the use, operation or value of the such Underlying Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Purchased Asset, (ii) if such repairs have been completed; completed or (iii) if escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates its holds for securitization its own account have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Underlying Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Underlying Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove.

Appears in 2 contracts

Samples: Securities Contract Agreement (Terra Property Trust, Inc.), Securities Contract Agreement (Terra Secured Income Fund 5, LLC)

Condition of Property. The Seller Issuer or the originator of the Mortgage Loan Asset inspected or caused to be inspected each related Mortgaged Property within four six (6) months of origination of the Mortgage Loan Asset and within twelve (12) months of the Cut-off Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan Asset no more than twelve (2) months prior to the Cut-off Date. To Issuer’s knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property was (a) is free and clear of any material damage, (b) is in good repair and condition, condition and (c) is free of structural defects, except to the extent in each case (i) for any damage or deficiencies that would not materially and adversely affect the use, operation or value of the such Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Asset, (ii) if such repairs have been completed; completed or (iii) if escrows in an aggregate amount consistent with the standards utilized by the Seller Issuer with respect to similar loans it originates its holds for securitization its own account have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller Issuer has no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller Issuer believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove.

Appears in 2 contracts

Samples: Indenture and Credit Agreement (Terra Secured Income Fund 5, LLC), Indenture and Credit Agreement (Terra Property Trust, Inc.)

Condition of Property. The Seller or the originator of the Mortgage Mezzanine Loan inspected or caused to be inspected each related Mortgaged Property within four (indirectly securing the Mezzanine Loan and securing the related Whole Loan or Senior Interest that is a Purchased Asset) no more than six (6) months of prior to the origination of the Mortgage such Mezzanine Loan and within no more than twelve (12) months of prior to the Cut-off related Purchase Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage such Mezzanine Loan (or related Whole Loan or Senior Interest, as applicable) no more than twelve (12) months prior to the Cut-off related Purchase Date. To Seller’s Knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mezzanine loans, and except as set forth in such disclosed on any engineering report or with respect property condition assessment delivered to which repairs were required to be reserved for or madeBuyer, all building systems for as of the improvements of each Purchase Date, the related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent that such material damage (i) any damage or deficiencies that would not materially and adversely affect have a material adverse effect on the use, operation or value of the such Mortgaged Property as security for the related Whole Loan or the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Senior Interest, (ii) such repairs have been completed; is fully covered by insurance or (iii) has not yet been repaired but escrows of funds have been established in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates holds for securitization have been establishedits own account, which escrows will in all events be in an aggregate amount not less than the estimated cost of such the necessary repairs. The Seller has no knowledge Knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report or property condition assessment and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Blackstone Mortgage Trust, Inc.)

Condition of Property. The Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within four (4) months of origination of the Mortgage Loan and within twelve (12) months of the Cut-off Date. Exhibit B-4 USActive 53033552.9 An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan no more than twelve (12) months prior to the Cut-off Date, Date which indicates that, except as set forth in such engineering report or and with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent (i) any damage or deficiencies that would not materially and adversely affect the use, operation or value of the Mortgaged Property or the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged PropertyMortgage; (ii) such repairs have been completed; or (iii) escrows or holdbacks in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates for securitization or for its portfolio have been established, which escrows or holdbacks will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 1 contract

Samples: Mortgage Asset Purchase Agreement (Ares Commercial Real Estate Corp)

Condition of Property. The Seller or the originator of the Mortgage Loan Purchased Asset inspected or caused to be inspected each related Underlying Mortgaged Property within four six months of origination of the Mortgage Loan Purchased Asset and within twelve months of the Cut-off Purchased Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan Purchased Asset no more than twelve months prior to the Cut-off Purchase Date. To Seller’s Knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Underlying Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property was (a) is free and clear of any material damage, (b) is in good repair and condition, condition and (c) is free of structural defects, except to the extent in each case (i) for any damage or deficiencies that would not materially and adversely affect the use, operation or value of the such Underlying Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Purchased Asset, (ii) if such repairs have been completed; completed or (iii) if escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates holds for securitization its own account have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge Knowledge of any material issues with the physical condition of the Underlying Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Underlying Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove.

Appears in 1 contract

Samples: Securities Contract Agreement (TPG RE Finance Trust, Inc.)

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Condition of Property. The Seller or the originator of the Mortgage Loan Purchased Asset inspected or caused to be inspected each related Mortgaged Property within four no more than six (6) months of prior to the origination of such Purchased Asset and no more than twelve (12) months prior to the Mortgage Loan and within twelve months of the Cut-off related Purchase Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan such Purchased Asset no more than twelve (12) months prior to the Cut-off related Purchase Date. To Seller’s Knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, and except as set forth in such disclosed on any engineering report or with respect property condition assessment delivered to which repairs were required to be reserved for or madeBuyer, all building systems for as of the improvements of each Purchase Date, the related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent that such material damage (i) any damage or deficiencies that would not materially and adversely affect have a material adverse effect on the use, operation or value of the such Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; related Purchased Asset, (ii) such repairs have been completed; is fully covered by insurance or (iii) has not yet been repaired but escrows of funds have been established in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates holds for securitization have been establishedits own account, which escrows will in all events be in an aggregate amount not less than the estimated cost of such the necessary repairs. The Seller has no knowledge Knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report or property condition assessment and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Blackstone Mortgage Trust, Inc.)

Condition of Property. The Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within four months of origination of the Mortgage Loan and within twelve months of the Cut-off Date. An engineering report or property condition assessment (if required) was prepared in connection with the origination of each Mortgage Loan no more than twelve months prior to the Cut-off Date, which indicates that, except Loan. Except as set forth in such engineering report or with respect to which on the Mortgage Loan Schedule setting forth repairs were required to be reserved for or made, (a) all major building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that (b) each related Mortgaged Property (ai) is free of any material damage, and (bii) is in good repair and condition, and (ciii) is free of patent and observable structural defects, except to the extent (i) that any damage or deficiencies that would not reasonably be expected to materially and adversely affect the use, use or operation or value of the Mortgaged Property or the security intended to be provided by such Mortgage Mortgage, or repairs with respect to such damage or deficiencies are estimated to cost less than $50,000 in not exceed 5% of the aggregate per Mortgaged Property; original principal balance of the Mortgage Loan, and such repairs have either (i) been completed, or (ii) such repairs have been completed; or (iii) escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates for securitization have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairsrepairs have been established by the Lender and the rights thereto transferred by the Seller to the Buyer on the Purchase Date, or (iii) reserves in an aggregate amount not less than the estimated cost of such repairs have been established by the Lender and are included in the face amount of the Mortgage Note and the Mortgage. The To the Seller’s knowledge, based on the engineering report or property condition assessment, as applicable, and the Seller has Diligence (as defined below), there are no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation current marketability or value principal use of the Mortgaged Property other than those disclosed in the engineering report or Servicing File and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove paragraph.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Condition of Property. The Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within four months of origination of the Mortgage Loan and within twelve months of the Cut-off Off Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan no more than twelve months prior to the Cut-off Off Date, which indicates that, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property (a) is free of any material damage, (b) is in good repair and condition, and (c) is free of structural defects, except to the extent (i) any damage or deficiencies that would not materially and adversely affect the use, operation or value of the Mortgaged Property or the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; (ii) such repairs have been completed; or (iii) escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates for securitization have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge of any material issues with the physical condition of the Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentence.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Benchmark 2023-V4 Mortgage Trust)

Condition of Property. The Seller or the originator of the Mortgage Loan Purchased Asset inspected or caused to be inspected each related Underlying Mortgaged Property within four six months of origination of the Mortgage Loan Purchased Asset and within twelve months of the Cut-off Purchased Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan Purchased Asset no more than twelve months prior to the Cut-off Purchase Date. To Seller’s Knowledge, which indicates thatbased solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, except as set forth in such engineering report or with respect to which repairs were required to be reserved for or made, all building systems for the improvements of each related Underlying Mortgaged Property are in good working order, and further indicates that each related Mortgaged Property was (a) is free and clear of any material damage, (b) is in good repair and condition, condition and (c) is free of structural defects, except to the extent in each case (i) for any damage or deficiencies that would not materially and adversely affect the use, operation or value of the such Underlying Mortgaged Property or as security for the security intended to be provided by such Mortgage or repairs with respect to such damage or deficiencies estimated to cost less than $50,000 in the aggregate per Mortgaged Property; Purchased Asset, (ii) if such repairs have been completed; completed or (iii) if escrows in an aggregate amount consistent with the standards utilized by the Seller with respect to similar loans it originates its holds for securitization its own account have been established, which escrows will in all events be in an aggregate amount not less than the estimated cost of such repairs. The Seller has no knowledge Knowledge of any material issues with the physical condition of the Underlying Mortgaged Property that the Seller believes would have a material adverse effect on the use, operation or value of the Underlying Mortgaged Property other than those disclosed in the engineering report and those addressed in sub-clauses (i), (ii) and (iii) of the preceding sentenceabove.

Appears in 1 contract

Samples: Securities Contract Agreement (FS Credit Real Estate Income Trust, Inc.)

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