Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO THE REPRESENTATIONS AND WARRANTIES
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO THE REPRESENTATIONS AND WARRANTIES Representation #2 - Ownership of the Mortgage Loans -------------------------------------------------------------------------------- Loan Number Loan Name Description of Exception -------------------------------------------------------------------------------- Glendale Galleria The Mortgage Loan that will be included in the trust is, together with another mortgage loan with which it is pari passu in right of payment, a senior loan in a multiple loan structure comprised of multiple mortgage loans, all of which (whether or not included in the trust) are secured by the same mortgage instrument and are cross-defaulted. -------------------------------------------------------------------------------- Representation #4 - Lien; Valid Assignment -------------------------------------------------------------------------------- Loan Number Loan Name Description of Exception -------------------------------------------------------------------------------- Xxxxxxx Xxxxxx - Missouri The Lender will have a valid and enforceable first priority lien on the fee estate of the mortgaged Property and a direct assignment by Borrower, as assignor, to Lender, as assignee, of that certain Master Lease (the "Master Lease") between the Borrower, as Master Lessor, and New Xxxxxxx Leasing, L.P., as Master Lessee; provided, however, that the Master Lessee will only assign the subleases under the Master Lease to the Borrower in order to ensure that the Master Lease is a "true lease" for tax purposes, and thus, only by virtue of the assignment of the Master Lease from Borrower to Lender, shall the subleases be indirectly assigned to Lender. In addition, although the Lender will have a first priority lien on the fee estate of the mortgaged Property and assignments of the Master Lease and its respective subleases, the Master Lease will be also be subordinated to the Lender's rights under -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- the loan documents pursuant to a Subordination Agreement to be executed by the Master Lessee for the benefit of Lender (the "Subordination Agreement"), which will contain a limited non-disturbance provision for the Master Lessee (which provision would only become ineffective until the date which is sixty-six months immediately fo...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Numbers and titles correspond to the representation number and corresponding titles in the related Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement. The loan numbers correspond to the control numbers listed in Annex A-1 to the Prospectus Supplement. Any exception listed below in respect of a particular representation or warranty shall also be deemed to apply to any other applicable representation or warranty.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. EXHIBIT A MORTGAGE LOAN SCHEDULE [ATTACHED] Exh-A-1 MORTGAGE LOAN SCHEDULE ------------------------------------------------------------------------------------------------------------------------------------ LOAN # PROPERTY NAME MORTGAGE LOAN SELLER PROPERTY TYPE ADDRESS ------------------------------------------------------------------------------------------------------------------------------------ 9 Mall at Fairfield Commons Key Retail 2727 Fairfield Commons 14 Greystone Meadows Apartments Xxx Xxxxxxxxxxx 00000 0xx Ave South 18 Georgetown Oaks Apartments Xxx Xxxxxxxxxxx 000 Xxxxxxxxx Xxxx 00 Xxxx Buy - Metairie Key Retail 6205 Veterans Memorial Boulevard 22 Encinitas Self Storagx Xxx Self Storage 911 Encinitas Boulevard 23 Shallotte Crossing Xxx Retail Main Street and Holden Beach Road 24 Wildwood Acres Key Multifamily 13418 Dottie Drive 27 Locust Grove Village Shopping Centex Xxx Retail 4994 Bill Gardner Parkway 29 Shakopee Valley Marketplace Xxx Retail 1529 17th Avenue East 30 East Hills Plaza Xxx Retail 2611 Fashion Place 31 Tops Plaza - North Ridgeville Xxx Xxxxxx 00000 Xxxxxx Xidge Road 33 Micro Center Xxx Retail 8000 East Quincy Avenue 37 Sunrise Place/Village Apartmenxx Xxx Multifamily 837 Michigan Street and 660 Gateway Court 37.01 Sunrise Villxxx Xxxxxxxxx Multifamily 660 Gateway Court 37.02 Sunrise Place Apartments Multifamily 837 Michigan Street 38 Keep It Self Storage Xxx Self Storage 4444 Vineland Avenue 39 Tequesta Shoppes Xxx Retail 105 North U.S. Highway 1 41 Second Street Studios Xxx Mixed Use 1807 Second Street 42 Euless Square Xxx Multifamily 1304 Raider Drive 45 Shoppes of Woodmont Xxx Retail 8197-8199 North University Drive 46 333-335 Newbury Streex Xxx Mixxx Xxx 000-000 Newbury Street 47 Woodinville Heated Self-Storage Xxx Self Storage 14715 Northeast North Woodinville Way 50 A-Sentry Mini Stxxxxx Xxx Self Storage 225 Boniface Parkway 52 Walgreens - Brentwood Xxx Xxxxxx 0000 Xxxxxxx Xxxx 00 Xxxxxxens - Suwanee, GA Xxx Xxxxxx 0000 Xxxchtree Industrial Boulevard 60 Enterprise Plaza Xxx Retail 6140 University Drive NW 62 Prindle Terrace Apartments Xxx Xxxxxxxxxxx 239 Indian River Road 64 Latham Professional Center Xxx Offxxx 4361 Latham Street 69 Ashton Apartments Xxx Multifamily 711 East 18th Street 70 Ryegate Apartments Xxx Multifamily 901 East 18th Avenue 71 North Hills Commons Xxx Retail 3521 Clemson Boulevard 73 The Birches Apartments Xxx Multifamily 8003 North El Dorado Street 74...
Origination of the Mortgage Loans. The Seller or an affiliate thereof originated all of the Mortgage Loans. ANNEX A (TO SCHEDULE I) EXCEPTIONS TO MORTGAGE LOAN REPRESENTATIONS AND WARRANTIES Exceptions to Representation 7 (Condition of Property; Condemnation) -------------------------------------------------------------------------------- Mortgage Loan Exception -------------------------------------------------------------------------------- Loan No. 5 (Embassy Suites-San Diego) Massachusetts Mutual Life Insurance Company, a Massachusetts corporation, not for its general account, but for the Cornerstone Hotel Income & Equity Fund, a separate investment account, provided a $7 million payment guaranty of the borrower's PIP obligations under the franchise agreement with Promus Hotels, Inc. (rather than an escrow of funds or insurance coverage or a letter of credit as stated in said clause). -------------------------------------------------------------------------------- Exceptions to Representation 12 (Environmental Conditions) -------------------------------------------------------------------------------- Mortgage Loan Exception -------------------------------------------------------------------------------- Loan No. 21 (Bridger Office Building) The environmental report is dated August 8, 2005. -------------------------------------------------------------------------------- Loan No. 92 (401 S.W. 12th Avenue) The environmental report is dated June 7, 2005. -------------------------------------------------------------------------------- Exceptions to Representation 14 (Insurance) -------------------------------------------------------------------------------- Mortgage Loan Exception -------------------------------------------------------------------------------- Loan No. 5 (Embassy Suites-San Diego) During any period of the term of the Mortgage Loan that the Terrorism Risk Insurance Act of 2002, Public Law 107-297, as amended ("TRIA") is not in effect, if "acts of terrorism" or other similar acts or events or "fire following" are hereafter excluded from the Mortgagor's comprehensive all risk insurance policy or business income insurance coverage, the Mortgagor shall obtain an endorsement to such policy, or a separate policy insuring against all such excluded acts or events, in an amount determined by the lender in its sole discretion (but in no event greater than the total insurable value plus required business income coverage); provided, however, the borrower is not required to pay for such c...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Exceptions to Paragraph (13): 940951485 Fiesta Mart - Austin and 940951486 Fiesta Mart. In connection with these mortgage loans, terrorism insurance was waived since the tenant is responsible for damage to the property pursuant to the lease, however, terrorism insurance is currently provided. Exceptions to Paragraph (47): 940951485 Fiesta Mart - Austin and 940951486 Fiesta Mart - Dallas. In connection with these mortgage loans, the borrower is to provide annual operating statements and rent rolls. Annex B (to Schedule I) Mortgaged Properties as to Which the Only Environmental Investigations Conducted in Connection with the Origination of the Related Mortgage Loan Were With Respect to Asbestos-Containing Materials and Lead-Based Paint. (Representation 12) [None.] Annex C (to Schedule I) Mortgage Loans Covered By Secured Creditor Impaired Property Environmental Insurance Policies (Representations 12 and 49) 940951540 Madison Xxxxxxx Apartments 940951160 Main Street Station 940951158 Xxx 89 Center 940951159 Rosehill Center 940951428 SONO at Xxxxxxxx & North Main SCHEDULE II Mortgage Loan Schedule [Attached] MLHT 2005-MCP1(PSA Exhibit) Loan Level Property Level Loan # Property Name Mortgage Property Address Loan Type Seller Loan # Property Name City County State IO Monthly Zip Cutoff Balance Original Debt Loan # Property Name Code (6/1/2005) Balance Service 9 The Mansions at Xxxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxxx 00000 37,360,000.00 37,360,000.00 163,194.88 00 Xxx Xxxxxx xx Xxxx Xxxxx Xxxxxxxxxx 00000 33,900,000.00 33,900,000.00 151,518.09 13 Xxxxxxxx Xxxx Xxxxxx 00000 31,875,000.00 31,875,000.00 140,043.40 00 Xxxxxx Xxxxx Xxx/Xxxxx Xxxxxxxxx Xxxxx Xxxxxx 00000 15,000,000.00 15,000,000.00 76,675.35 00 Xxxxx Xxxxx Xxxxxx 0 7407 13,425,985.16 13,440,000.00 00 Xxxxxxxxxx XXX Xxxxxx Xxxxxxxx 00000 12,300,000.00 12,300,000.00 54,663.82 00 Xxxxxxxxxx Xxxxxxx Xxxxxx - XXX 00 00000 11,925,000.00 11,925,000.00 57,329.71 00 Xxxxxxx Xxx Xxxxxxx Xxxxxx 00000 11,850,000.00 11,850,000.00 53,064.41 00 Xxxx Xxxxx Xxxxxxxxx Xxxxxx 0000 11,500,000.00 11,500,000.00 53,246.07 00 Xxxxxx Xxxx - Xxxxxx 00000 10,920,582.19 10,944,000.00 45 Oceanside Retail Center 92054 10,600,000.00 10,600,000.00 46,750.42 00 Xxxxxxxxxx Xxxxxxxxxx 00000 10,500,000.00 10,500,000.00 45,244.79 00 Xxxxxxxxxx Xxxxxx - Xxxxxxxxxxx 00000 9,337,425.96 9,350,000.00 00 XXXX xx Xxxxxxxx & No...
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement for Countrywide. Note: The Mortgage Loans known as [___] and [__], identified on Annex A-1 by ID #[__] and [__] have an Indemnity Deed of Trust structure. The related borrowers under such Mortgage Loans executed and delivered the related notes to the lender and are obligated to make payments thereunder. The related property owners for such Mortgage Loans have guaranteed all amounts payable by the borrowers under the related notes, which guaranties are secured by indemnity deeds of trust in favor of the lender. With respect to the above referenced Mortgage Loans, certain of the representations regarding the borrowers refer to the property owners of the related Mortgaged Property as well. Annex A-1 ID # Mortgage Loan Exception --------- ---------------------------- ------------------------------------- Exceptions to Representation 4: Lien; Valid Assignment.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties ML-CFC 2007-7 Exceptions to Representations and Warranties of the Countrywide Mortgage Loans Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement for Countrywide. Note: The Mortgage Loans known as Lewis Portfolio, Greenspring Valley Office Center, identified on Annex X-0 by ID #65 and 297 have an Indemnity Deed of Trust structure. The related borrowers under such Mortgage Loans executed and delivered the related notes to the lender and are obligated to make payments thereunder. The related property owners for such Mortgage Loans have guaranteed all amounts payable by the borrowers under the related notes, which guaranties are secured by indemnity deeds of trust in favor of the lender. With respect to the above referenced Mortgage Loans, certain of the representations regarding the borrowers refer to the property owners of the related Mortgaged Property as well. Annex A-1 ID # Mortgage Loan Exception -------------------------------------------------------------------------------- Exceptions to Representation 4: Lien; Valid Assignment 282 Beverly Blvd. Retail A restrictive covenant pxxxxxxxxxx Xenter the sale, advertisement, storage or distribution of any motor vehicle fuels, including but not limited to petroleum products, encumbers the Mortgaged Property and is not subordinate to the Mortgage Loan. If the restrictive covenant is breached, an unrelated third party has the option to purchase the Mortgaged Property, in which case the Mortgage Loan will become full recourse to the guarantor for the entire indebtedness plus yield maintenance.
Origination of the Mortgage Loans. The Seller originated all of the Mortgage Loans. Annex A (to Schedule I) Exceptions to the Representations and Warranties Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement for Countrywide. ML-CFC 2007-5 Exceptions to Representations and Warranties of the Countrywide Mortgage Loans Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Schedule I to the Mortgage Loan Purchase Agreement for Countrywide. Note: The Mortgage Loans known as EZ Self Storage-Bethesda, EZ Self Storage-South Bowie, EZ Self Storage-Chevrolet Drive/Ellicot City, EZ Self Storage-Beltsville, EZ Self Storage-Perring, EZ Self Storage-Laurel, EZ Self Storage-Pasadena, EZ Self Storage-Catonsville, EZ Self Storage-Middlebrook, EZ Self Storage-Owings Mills, EZ Self Storage-Westminstxx xxx XX Xelf Storage-Windsox Xxxx, xxxxtified on Annex A-1 by ID # 55, 88, 89, 96, 128, 131, 132, 135, 140, 153, 178 and 189 have an Indemnity Deed of Trust structure. The related borrowers under such Mortgage Loans executed and delivered the related notes to the lender and are obligated to make payments thereunder. The related property owners for such Mortgage Loans have guaranteed all amounts payable by the borrowers under the related notes, which guaranties are secured by indemnity deeds of trust in favor of the lender. With respect to the above referenced Mortgage Loans, certain of the representations regarding the borrowers refer to the property owners of the related Mortgaged Property as well. Annex A-1 ID # Mortgage Loan Exception ---- ------------- --------- Exceptions to Representation 6: Mortgage Status; Waivers and Modifications The Mortgage Loan documents have been modified to allow the borrower additional time to obtain a certificate of occupancy and to satisfy reporting requirements 69 Tallahassee Residence Inn related to such certificate. The Mortgage Loan documents for each respective loan have been modified to create two separate notes, an A Note and a B Note, each secured by the Mortgaged Property. Certain related terms have been modified as well. The Mortgage Loan documents for each respective loan have also been modified to prevent the borrower from being able to 81 10000 Business Boulevard defease the loan until two years after securitization. The lender 82 4010 Airpark Drive has waived the requi...
