Common use of Condition of Property; Condemnation Clause in Contracts

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Mortgaged Property is to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance). The Seller has no knowledge of any proceeding pending or threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below or that do not materially and adversely affect the value, marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Mortgage Loan, each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such the related Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)Loan. The Seller has received no knowledge notice of the commencement of any proceeding pending or threatened for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each the Mortgage LoanLoans), as of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan, each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Purchased Loans to the extent received) as of the date of the origination of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Mortgage Loan, each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such the related Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)Loan. The Seller has received no notice of and has no knowledge of the commencement of any proceeding pending or threatened for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each the Mortgage LoanLoans), as of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan, each Mortgaged Property is is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's ’s knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Purchased Loans) as of the date of the origination of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, marketability value or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination or acquisition of such Mortgage the Purchased Loan and included in the Mortgage related Purchased Asset File, the related each Mortgaged Property is is, to the best of Seller's knowledge’s knowledge after commercially reasonable due diligence, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (normal wear and tear excepted), except in any to the extent reserves have been established to cover the costs to remediate such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)damages. The Neither Seller nor mortgagee has no knowledge received notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination or acquisition of each Mortgage the Purchased Loan, (a) to the best of Seller’s knowledge after commercially reasonable due diligence, all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties encroach upon such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an ----------------------------------- engineering report prepared in connection with the origination or acquisition of such Mortgage the related Purchased Loan and included or otherwise in the Mortgage FileSeller's possession and previously delivered to Buyer, the related each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination or acquisition of each Mortgage Loan), the Purchased Loans) as of the date of the origination or acquisition, by Seller, of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Asset, each Mortgaged Property is is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan the related Purchased Asset (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (’s knowledge, based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Underlying Assets as of the date of the origination of each Mortgage LoanUnderlying Asset, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination or acquisition of such Mortgage the related Purchased Loan and included in the Mortgage related Purchased Loan File, the related to Seller's actual knowledge each Mortgaged Property is to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (normal wear and tear excepted), except in any to the extent reserves have been established to cover the costs to remediate such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)damages. The Neither Seller nor mortgagee has no knowledge received notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination or acquisition of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, and no improvements on adjoining properties encroach upon such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In The Mortgaged Property for each Loan is in good repair and condition and free of any structural deficiencies or deferred maintenance that would influence the case originator’s decision to originate any such Loan. As of each Mortgage Loanthe date of its origination, except as set forth in an engineering report prepared in connection with there was no proceeding pending for the origination total or partial condemnation of such Mortgage Loan and included in any related Mortgaged Property that materially affects the Mortgage Filevalue thereof, there is no pending proceeding for the total or partial condemnation of the related Mortgaged Property is to that materially affects the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)thereof. The Seller has no knowledge of any proceeding pending or threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property that were considered in determining the value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan, each Mortgaged Property is is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's ’s knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Purchased Loans to the extent received) as of the date of the origination of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination or acquisition of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan, each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination or acquisition of each Mortgage Loan), the Purchased Loans) as of the date of the origination or acquisition of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth in an engineering report prepared in connection with the origination of such Each Mortgaged Property securing a Mortgage Loan and included in the Mortgage Fileis, the related Mortgaged Property is to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance). The As of the date of origination of such Mortgage Loan, and subsequent to such date, the Seller has no knowledge not received written notice (and is not otherwise aware) of any proceeding pending or threatened for the total or partial condemnation of or affecting all or any material portion of the Mortgaged Property securing any Mortgage Loan. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 belowand no improvements on adjoining properties materially encroached upon such Mortgaged Property.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination or acquisition of such Mortgage the related Purchased Loan and included in the Mortgage related Purchased Loan File, the related each Mortgaged Property is to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (normal wear and tear excepted), except in any to the extent reserves have been established to cover the costs to remediate such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)damages. The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination or acquisition of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan, each Mortgaged Property is is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's ’s knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Purchased Loans) as of the date of the origination of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's ’s title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, marketability value or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such the related Mortgage Loan and included in (which report is not more than 18 months before the Mortgage FileCut-Off Date, the related each Mortgaged Property is is, to the Seller's knowledge, free and clear of any damage that would materially and adversely affect its value as security for such the related Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance)Loan. The Seller has received no knowledge notice of the commencement of any proceeding pending or threatened for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each the Mortgage LoanLoans), as of the date of the origination of each Mortgage Loan, (a) all of the material improvements on the related Mortgaged Property that were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below herein or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except as set forth herein or in an engineering report prepared in connection with the origination of such Mortgage Loan and included in which has been delivered to the Purchaser or its designee as part of the related Mortgage File, the related Mortgaged Property is is, to the Seller's knowledge, in good repair, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs and maintenance). The As of origination of such Mortgage Loan there was no proceeding pending, and subsequent to such date, the Seller has no knowledge of not received actual notice of, any proceeding pending or threatened for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. To the Seller's knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) obtained in connection with the origination of each Mortgage Loan), as As of the date of the origination of each Mortgage Loan, : (a) all of the material improvements on the related Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below or that do not materially and adversely affect the value, value or marketability or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below.

Condition of Property; Condemnation. In the case of each Mortgage Loan, except Except as set forth in an engineering report prepared in connection with the origination of such Mortgage Loan and included in the Mortgage File, the related Purchased Loan (or Mortgage Loan), each Mortgaged Property is is, to the Seller's ’s knowledge, free and clear of any damage that would materially and adversely affect its value as security for such Mortgage the related Purchased Loan (except in any such case where an escrow of funds or insurance coverage exists reasonably estimated to be sufficient to effect the necessary repairs normal wear and maintenancetear excepted). The Seller has received no knowledge notice of any proceeding pending or threatened proceeding for the condemnation of all or any material portion of the any Mortgaged Property securing any Mortgage LoanProperty. To the Seller's ’s knowledge (based solely on surveys (if any) and/or the lender's title policy (or, if not yet issued, a pro forma title policy or "marked up" commitment) insurance obtained in connection with the origination of each Mortgage Loan), the Purchased Loans) as of the date of the origination of each Mortgage Purchased Loan, (a) all of the material improvements on the related Mortgaged Property which were considered in determining the appraised value of the Mortgaged Property lay wholly within the boundaries and, to the extent in effect at the time of construction, and building restriction lines of such property, except for encroachments that are insured against by the lender's title insurance policy referred to in Paragraph 8 below Title Policy or that do not materially and adversely affect the value, marketability value or current use of such Mortgaged Property, and (b) no improvements on adjoining properties materially encroached upon such Mortgaged Property so as to materially and adversely affect the value or marketability current use of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy Title Policy referred to in Paragraph 8 belowherein.