Common use of Lien; Valid Assignment Clause in Contracts

Lien; Valid Assignment. The Mortgage related to and delivered in connection with each Purchased Loan constitutes a valid and, subject to the exceptions set forth in paragraph 13 below, enforceable first priority lien upon the related Mortgaged Property, prior to all other liens and encumbrances, except for:

Appears in 3 contracts

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (Northstar Realty), Master Repurchase Agreement (Northstar Realty)

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Lien; Valid Assignment. The Mortgage related to and delivered in connection with each Purchased Loan constitutes a valid and, subject to the exceptions set forth in paragraph 13 below, enforceable first priority lien (or with respect to loans secured by second liens as set forth in clauses (iii)(a) or (iv)(a) of the definition of Eligible Loan, enforceable second priority lien) upon the related Mortgaged Property, prior to all other liens and encumbrances, except for:

Appears in 1 contract

Samples: Master Repurchase Agreement (Anthracite Capital Inc)

Lien; Valid Assignment. The Each Mortgage related to and delivered in connection with each Purchased Mortgage Loan constitutes a valid and, subject to the limitations and exceptions set forth in paragraph representation 13 below, enforceable first priority lien upon the related Mortgaged Property, prior to all other liens and encumbrances, except for:and there are no liens and/or encumbrances that are pari passu with the lien of such Mortgage, in any event subject, however, to the following (collectively, the "Permitted

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (MLMT 2008-C1)

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Lien; Valid Assignment. The Mortgage related to and delivered in ---------------------- connection with each Purchased Loan constitutes a valid and, subject to the exceptions set forth in paragraph 13 below, enforceable first or second priority lien upon the related Mortgaged Property, prior to all other liens and encumbrances, except for:

Appears in 1 contract

Samples: Master Repurchase Agreement (LNR Property Corp)

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