Common use of Foreclosure Property Clause in Contracts

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. SCHEDULE A Exceptions to Representations and Warranties 2006-TOP25 - Mxxxxx Sxxxxxx Mortgage Capital Inc. Schedule A: Representation Exceptions

Foreclosure Property. The Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to the Purchaser, and the Seller does not know or, to the Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 48 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. SCHEDULE Schedule A to Exhibit 2 Exceptions to Representations and Warranties 2006-TOP25 HQ10 - Mxxxxx Sxxxxxx Morgan Stanley Mortgage Capital Inc. Schedule ASchedxxx X: Representation Xxxxxxxntation Exceptions

Foreclosure Property. The Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to the Purchaser, and the Seller does not know or, to the Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 48 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. SCHEDULE Schedule A to Exhibit 2 Exceptions to Representations and Warranties 2006-TOP25 HQ10 - Mxxxxx Sxxxxxx Mortgage Capital Inc. Schedule A: Representation Exceptions

Foreclosure Property. Seller is not selling any Mortgage Loan as part of a plan to transfer the underlying Mortgaged Property to Purchaser, and Seller does not know or, to Seller's knowledge, have reason to know that any Mortgage Loan will default. The representations in this paragraph 43 are being made solely for the purpose of determining whether the Mortgaged Property, if acquired by the Trust, would qualify as "foreclosure property" within the meaning of Section 860G(a)(8) of the Code, and may not be relied upon or used for any other purpose. Such representations shall not be construed as a guarantee to any degree that defaults or losses will not occur. SCHEDULE Schedule A Exceptions to Representations and Warranties 2006-TOP25 - Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx Mortgage Capital Inc. Schedule A: Representation ExceptionsExceptions REP. 2. Whole Loan; Ownership of Mortgage Loans,