Common use of Condemnation Clause in Contracts

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 286 contracts

Samples: Mortgage Loan Purchase Agreement (BMO 2024-5c5 Mortgage Trust), Pooling and Servicing Agreement (BMO 2024-C9 Mortgage Trust), Pooling and Servicing Agreement (BMO 2024-5c4 Mortgage Trust)

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Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 244 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2022-L8), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2022-L8), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2022-L8)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 117 contracts

Samples: Pooling and Servicing Agreement (Benchmark 2024-V10 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2024-V10 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2024-V9 Mortgage Trust)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 89 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C27), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C26), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C26)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Date, there is no proceeding pending, pending and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Date, there is no proceeding threatened, threatened for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 75 contracts

Samples: Pooling and Servicing Agreement (BMO 2024-5c5 Mortgage Trust), Mortgage Loan Purchase Agreement (BMO 2024-5c5 Mortgage Trust), Mortgage Loan Purchase Agreement (BMO 2024-5c5 Mortgage Trust)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such any Mortgaged Property that would have a material adverse effect on the value, use or operation of the such Mortgaged Property.

Appears in 27 contracts

Samples: Pooling and Servicing Agreement (Benchmark 2024-V10 Mortgage Trust), Pooling and Servicing Agreement (Benchmark 2024-V9 Mortgage Trust), Mortgage Loan Purchase Agreement (BMO 2024-5c5 Mortgage Trust)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, pending and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, threatened for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 19 contracts

Samples: Pooling and Servicing Agreement (BMO 2023-C4 Mortgage Trust), Pooling and Servicing Agreement (BMO 2023-C4 Mortgage Trust), Pooling and Servicing Agreement (BMO 2023-C4 Mortgage Trust)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the such Mortgaged Property.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (Benchmark 2021-B25 Mortgage Trust), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2020-Gsa2), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2020-Gsa2)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Closing Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Closing Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 10 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C12), Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2012-C4)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchased Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 10 contracts

Samples: Bailee Agreement (FS Credit Real Estate Income Trust, Inc.), Bailee Agreement (ACRES Commercial Realty Corp.), Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 9 contracts

Samples: Repurchase and Securities Contract Agreement (BrightSpire Capital, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 7 contracts

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Granite Point Mortgage Trust Inc.), Master Repurchase and Securities Contract (TPG RE Finance Trust, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the Exh. C-4 total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 5 contracts

Samples: Mortgage Loan Purchase Agreement (Wells Fargo Commercial Mortgage Trust 2015-P2), Mortgage Loan Purchase Agreement (Wells Fargo Commercial Mortgage Trust 2015-P2), Mortgage Loan Purchase Agreement (Wells Fargo Commercial Mortgage Trust 2015-P2)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Closing Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Closing Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5), Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2016-C4), Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2016-C2)

Condemnation. As of the date of origination and to the Seller’s 's knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s 's knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 3 contracts

Samples: Purchase Price and Terms Agreement (Pennymac Financial Services, Inc.), Purchase Price and Terms Agreement (PennyMac Mortgage Investment Trust), Flow Commercial Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchased Date, there is no proceeding threatened, for the total or partial condemnation of such Underlying Mortgaged Property that would have a material adverse effect on the value, use or operation of the Underlying Mortgaged Property.

Appears in 2 contracts

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

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Underlying Mortgaged Property that would have a material adverse effect on the value, use or operation of the Underlying Mortgaged Property.

Appears in 2 contracts

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

Condemnation. As of the date of origination and to the Seller’s best knowledge of Seller as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s best knowledge of Seller as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 2 contracts

Samples: Master Repurchase Agreement (LoanCore Realty Trust, Inc.), Master Repurchase Agreement (Resource Capital Corp.)

Condemnation. As of the date of origination and to the SellerIssuer’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the SellerIssuer’s knowledge as of the date of origination and as of the Cut-Off Cut- off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 2 contracts

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

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Condemnation. As of the date of origination and to the Seller’s 's knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s 's knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C25)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the B-5 total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2019-Gc39)

Condemnation. As of the date of origination and to the Seller’s actual knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s actual knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

Samples: Master Repurchase Agreement (Colony Credit Real Estate, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Cutoff Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property mortgaged property that would have a material adverse effect on the value, use or operation of the Mortgaged Propertymortgaged property.

Appears in 1 contract

Samples: Indenture (LoanCore Realty Trust, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off off Date, there is no proceeding pending, pending and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, threatened for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

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

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Reference Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Reference Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

Samples: Mortgage Asset Purchase Agreement (Arbor Realty Trust Inc)

Condemnation. As of the date of origination and to the Seller’s knowledge Knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge Knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

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

Condemnation. As of the date of origination and to the applicable Seller’s knowledge Knowledge as of the Cut-Off DatePurchase Date for any Purchased Loan, there is no proceeding pending, and, to the such Seller’s knowledge Knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, for the total or partial condemnation of such any related Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Starwood Property Trust, Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge Knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, and, to the Seller’s knowledge Knowledge as of the date of origination and as of the Cut-Off Purchased Date, there is no proceeding threatened, for the total or partial condemnation of such Underlying Mortgaged Property that would have a material adverse effect on the value, use or operation of the Underlying Mortgaged Property.

Appears in 1 contract

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

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Cut- off Date, there is no proceeding pending, and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off off Date, there is no proceeding threatened, for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.. (13)

Appears in 1 contract

Samples: Version Collateral Interest Purchase Agreement (Granite Point Mortgage Trust Inc.)

Condemnation. As of the date of origination and to the Seller’s knowledge as of the Cut-Off Purchase Date, there is no proceeding pending, pending and, to the Seller’s knowledge as of the date of origination and as of the Cut-Off Purchase Date, there is no proceeding threatened, threatened for the total or partial condemnation of such Underlying Mortgaged Property that would have a material adverse effect on the value, use or operation of the Underlying Mortgaged Property.

Appears in 1 contract

Samples: Master Repurchase Agreement (RAIT Financial Trust)

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