First Mortgage Loan Documents Sample Clauses

First Mortgage Loan Documents. Borrower hereby restates and reaffirms each of the representations and warranties made by First Mortgage Borrower set forth in the First Mortgage Loan Documents as if the same were more fully set forth herein and were made to the Lender.
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First Mortgage Loan Documents. (i) Buyer shall have reviewed and approved the loan documents with respect to the Existing Loan, (ii) Buyer shall have agreed to the terms of assumption required by the holder of the Existing Loan, (iii) the holder of the Existing Loan shall have agreed in writing (in form and substance reasonably acceptable to Buyer) to Buyer's assumption of all obligations under the loan documents with respect to the Existing Loan arising on or after the Closing; and (iv) the holder of the Existing Loan shall have confirmed in writing the principal balance thereof, which shall not exceed $12,425,000.00, and shall have confirmed (in form and substance reasonably acceptable to Buyer) that as of closing there is no default under the Existing Loan or event, condition, circumstance or omission that with the giving of notice or the passage of time would become such a default. Buyer shall have fourteen (14) days after the receipt of all of the foregoing to object thereto, and if Buyer fails to notify Seller of any objection thereto on or prior to the end of such fourteen (14) day period, Buyer shall be deemed to have approved the loan documents with respect to the Existing Loan, and the terms and conditions of Buyer's assumption of the Existing Loan. In the event that Buyer objects to any of the foregoing within such fourteen (14) day period, then this Agreement, and all right and obligations of Buyer and Seller hereunder, shall terminate, except as set forth in Sections 4.6, 5.2(b) and 10.5 hereof, and within five (5) days after Buyer has provided notice to Escrow Holder of such termination, Escrow Holder shall deliver to Buyer the Xxxxxxx Money Deposit, together with interest thereon.
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First Mortgage Loan Documents. Copies of (i) all First Mortgage Loan Documents, and (ii) all written default notices delivered by any parties to the First Mortgage Loan Documents that either remain outstanding or that were delivered and resolved within the last three years.
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First Mortgage Loan Documents. Upon execution and delivery of the First Mortgage Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the First Mortgage Loan Documents, certified to be true, correct and complete.
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Related to First Mortgage Loan Documents

  • Mortgage Loan Documents 2. Residential loan application.

  • Custody of Mortgage Loan Documents The originals of all of the Mortgage Loan Documents (other than the Non-Lead Securitization Note) (a) prior to the Lead Securitization will be held by the Initial Agent and (b) after the Lead Securitization, will be held by the Lead Securitization Note Holder (in the name of the Trustee and held by a duly appointed custodian therefor in accordance with the Lead Securitization Servicing Agreement), in each case, on behalf of the registered holders of the Notes.

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • Mortgage Loan Document Status Each related Mortgage Note, Mortgage, Assignment of Leases (if a separate instrument), guaranty and other agreement executed by or on behalf of the related Mortgagor, guarantor or other obligor in connection with such Mortgage Loan is the legal, valid and binding obligation of the related Mortgagor, guarantor or other obligor (subject to any non-recourse provisions contained in any of the foregoing agreements and any applicable state anti-deficiency or market value limit deficiency legislation), as applicable, and is enforceable in accordance with its terms, except (i) as such enforcement may be limited by (a) bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (b) general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law) and (ii) that certain provisions in such Mortgage Loan documents (including, without limitation, provisions requiring the payment of default interest, late fees or prepayment/yield maintenance fees, charges and/or premiums) are, or may be, further limited or rendered unenforceable by or under applicable law, but (subject to the limitations set forth in clause (i) above) such limitations or unenforceability will not render such Mortgage Loan documents invalid as a whole or materially interfere with the Mortgagee’s realization of the principal benefits and/or security provided thereby (clauses (i) and (ii) collectively, the “Standard Qualifications”). Except as set forth in the immediately preceding sentences, there is no valid offset, defense, counterclaim or right of rescission available to the related Mortgagor with respect to any of the related Mortgage Notes, Mortgages or other Mortgage Loan documents, including, without limitation, any such valid offset, defense, counterclaim or right based on intentional fraud by Seller in connection with the origination of the Mortgage Loan, that would deny the Mortgagee the principal benefits intended to be provided by the Mortgage Note, Mortgage or other Mortgage Loan documents.

  • The Note, Mortgage and Loan Documents The Loan shall be evidenced by the Note and secured by the Mortgage, the Assignment of Leases and the other Loan Documents.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • The Mortgage Loans Concurrently with the execution and delivery of this Agreement, the Seller hereby transfers to the Purchaser, without recourse, all of its right, title and interest existing now or in the future in,

  • Existing Loan Documents Except as amended and modified by this Amendment, the Agreement, the Prior Revolving Note as renewed and extended by the New Note, the Security Instruments and all other Loan Documents shall remain in full force and effect in accordance with the terms and provisions thereof. Any reference in any of the Loan Documents to the “Amended and Restated Loan Agreement” shall be deemed to be references to the Agreement as amended hereby through the date hereof. In the event of any conflict between this Amendment and the Agreement, this Amendment shall control and the Agreement shall be construed accordingly.

  • Custodial Agreements Immediately prior to the transfer of the Receivables by the Seller to the Depositor, the Seller or an Affiliate of the Seller had possession of the Receivable Files and there were no, and there will not be any, custodial agreements in effect materially adversely affecting the right or ability of the Seller to make, or cause to be made, any delivery required under this Agreement.

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