Common use of REPRESENTATIONS AND WARRANTIES OF THE Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER BANK AND THE BANK (DELAWARE). The Promoter Bank and the Bank (Delaware), each severally on behalf of and as to itself, hereby represents and warrants to for the Allottee as followsbenefit of the Depositor and the Securityholders that: (ia) The [Promoter] has absolutethe Bank is a national banking association duly organized, clear validly existing and marketable title with respect to in good standing under the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession laws of the said Land United States; The Bank (Delaware) is a Delaware banking corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; and The Bank (Delaware), as Delaware Trustee, fulfills for the Projecttrust the statutory requirements of Section 3807 of the Delaware Business Trust Act; (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development each of the Project; Bank and the Bank (iiiDelaware) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Landhas full corporate power, Project or the Apartment; (v) All approvals, licenses authority and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the legal right to enter into execute, deliver and perform its obligations under this Trust Agreement and has not committed or omitted taken all necessary action to perform any act or thingauthorize the execution, whereby the right, title delivery and interest performance by it of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Trust Agreement; (viiic) The Promoter confirms that this Trust Agreement has been duly authorized, executed and delivered by the Promoter is not restricted Bank and the Bank (Delaware) and constitutes the valid and legally binding agreement of the Bank and the Bank (Delaware) enforceable against it in any manner whatsoever from selling the said Apartment accordance with its terms, subject to the Allottee in the manner contemplated in this Agreementbankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors' rights and to general equity principles; (ixd) At the time of execution execution, delivery and performance by each of the conveyance deed Bank and the Promoter shall handover lawful, vacant, peaceful, physical possession Bank (Delaware) of this Trust Agreement has been duly authorized by all necessary corporate or other action on the part of the Apartment Bank and the Bank (Delaware), respectively, and do not require any approval of stockholders of the Bank or the Bank (Delaware) and such execution, delivery and performance will not (i) violate the Bank's or the Bank's (Delaware) Charter or By-laws, (ii) violate any provision of, or constitute, with or without notice or lapse of time, a default under, or result in the creation or imposition of, any Lien on any properties included in the Trust Property pursuant to the Allottee and provisions of, any indenture, mortgage, credit agreement, license or other agreement or instrument to which the common areas Bank or the Bank (Delaware) Trustee, as the case may be, is a party or by which it is bound, or (iii) violate any law, governmental rule or regulation of the United States or the State of Delaware, as the case may be, governing the corporate, banking or trust powers of the Bank or the Bank (Delaware) (as appropriate in context) or any order, judgment or decree applicable to the Association of Bank or the AllotteesBank (Delaware); (xe) The Schedule Property is not neither the subject matter authorization, execution or delivery by the Bank or the Bank (Delaware) of this Trust Agreement nor the consummation of any HUF and that no part thereof is owned of the transactions by the Bank or the Bank (Delaware) (as the case may be) contemplated herein requires the consent or approval of, the giving of notice to, the registration with or the taking of any minor and/or no minor has other action with respect to any rightgovernmental authority or agency under any existing Federal law governing the corporate, title and claim over banking or trust powers of the Schedule PropertyBank or the Bank (Delaware), as appropriate in context, under the laws of the United States or the State of Delaware; (xif) The Promoter has duly paid and shall continue to pay and discharge all governmental duesthere are no proceedings pending or, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition best of each of the said propertyBank's and the Bank's (Delaware) has been received by knowledge, threatened against or served upon affecting the Promoter Bank or the Bank (Delaware) in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.any court or before any governmental authority, agency or arbitration board or

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER Promoter/Vendor: The Promoter Promoter/Vendor hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The [Promoter] /Vendor has absolute, clear and marketable title with respect to the said Project Land; the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) . The Promoter Promoter/Vendor has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land or for the Project; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the ApartmentUnit ; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Land, Project and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Promoter/Vendor has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Project, Building and Apartment Unit and common areas; (vi) . The Promoter Promoter/Vendor has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Promoter Promoter/Vendor has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Project Land including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee Allottee/s under this Agreement; (viii) . The Promoter Promoter/Vendor confirms that the Promoter Promoter/Vendor is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee Allottee/s in the manner contemplated in this Agreement; (ix) . At the time of execution of the conveyance deed the Promoter Promoter/Vendor shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee/s and the common areas to the Association association of Allottee/s or the Allotteescompetent authority, as the case may be; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Promoter Promoter/Vendor has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the Competent Authority till the completion certificate has been issued and possession of Unit, plot or structure in the Project, as the case may be, along with common areas (equipped with all specifications, amenities and, facilities) has been handed over to the Allottee/s and the association of Allottee/s or the competent Authoritiesauthority, as the case may be; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter Promoter/Vendor in respect of the said Project Land and/or the Project;. (xiii) . That the property is not Waqf propertyProperty.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows:- (i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;. (iii) There are no encumbrances upon the said Land or the Project;. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws Laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement Agreement for sale and/or development agreement Agreement or any other agreement / Agreement/ arrangement with any person or party with respect to the said Land, land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed Conveyance Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association association of Allottee or the Allottees;competent Authority, as the case may be. (x) The Schedule Property SCHEDULE property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;SCHEDULE property. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the Specifications, amenities and facilities) has been handed over to the Allottee and the Association of Allottee or the competent Authority, as the case may be. (xii) No notice from the Government or any other local body or authority Authority or any legislative enactment, government ordinanceGovernment Order, order, notification Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Landproject land; a s d e c l a r e d i n t h e t i t l e r e p o r t a n n e x e d t o t h i s a g r e e m e n t a n d h a s the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits t o b e issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/wing and common areas; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Landproject land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; (viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; (ix) . At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas c o m m o n a r e a s o f t h e S t r u c t u r e to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) x. The Promoter has duly paid and shall continue to pay and discharge all u n d i s p u t e d governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land project land and/or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER : The Promoter hereby represents and warrants to the Allottee as follows: (i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Project Land; as declared in the title report and has the requisite rights to carry out development Development upon the said Land property and absolute, also has actual, physical and legal possession of the said Land property for the implementation of the said Project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the said Project and shall obtain requisite approvals from time to time to complete the development of the said Project; (iii) . There are no encumbrances upon the said Land or property except those disclosedin the Projecttitle report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, property or said Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the said Project, said Land property/and Apartment said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the said Project, said property/and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the said Project, said Land, Building and Apartment and common areas;property (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) . The Promoter has not entered into any agreement Agreement for sale and/or development agreement Development Agreement or any other agreement / Agreement/arrangement with any person or party with respect to the said Project Land, including the said Project and the said Apartment Flat which will, in any manner, affect the rights of Allottee under this Agreement; (viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution . Upon formation and registration of the conveyance deed society or any other entity, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allotteessaid society or any other entity; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) x. The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authoritiesauthorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government Government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyproject land) has been received by or served upon the Promoter in respect of the said Land property and/or the Projectsaid Project except those disclosed in the title report; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project;; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter may create mortgage and/or charge on the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance/transfer in terms hereof, the Promoter assures to have the said Unit released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to hismaking payment of all the amounts payable hereunder or otherwise and complying with his other obligations herein, will be acquiring title to the said Unit free of all such mortgages and charges created by the Promoter. (iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartments and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the AllotteesAllottees or the competent authority, as the case may be; (x) The Schedule Property said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Propertysaid Premises; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent AuthoritiesAuthorities till the occupancy/completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project;; [in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot]; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to omittedto perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the affectthe rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER BANK AND THE BANK (DELAWARE). The Promoter Bank and the Bank (Delaware), each severally on behalf of and as to itself, hereby represents and warrants to for the Allottee as followsbenefit of the Depositor and the Securityholders that: (ia) The [Promoter] has absolutethe Bank is a national banking association duly organized, clear validly existing and marketable title with respect to in good standing under the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession laws of the said Land United States; The Bank (Delaware) is a Delaware banking corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; and The Bank (Delaware), as Delaware Trustee, fulfills for the Projecttrust the statutory requirements of Section 3807 of the Delaware Business Trust Act; (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development each of the Project; Bank and the Bank (iiiDelaware) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Landhas full corporate power, Project or the Apartment; (v) All approvals, licenses authority and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the legal right to enter into execute, deliver and perform its obligations under this Trust Agreement and has not committed or omitted taken all necessary action to perform any act or thingauthorize the execution, whereby the right, title delivery and interest performance by it of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Trust Agreement; (viiic) The Promoter confirms that this Trust Agreement has been duly authorized, executed and delivered by the Promoter is not restricted Bank and the Bank (Delaware) and constitutes the valid and legally binding agreement of the Bank and the Bank (Delaware) enforceable against it in any manner whatsoever from selling the said Apartment accordance with its terms, subject to the Allottee in the manner contemplated in this Agreementbankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles; (ixd) At the time of execution execution, delivery and performance by each of the conveyance deed Bank and the Promoter shall handover lawful, vacant, peaceful, physical possession Bank (Delaware) of this Trust Agreement has been duly authorized by all necessary corporate or other action on the part of the Apartment Bank and the Bank (Delaware), respectively, and do not require any approval of stockholders of the Bank or the Bank (Delaware) and such execution, delivery and performance will not (i) violate the Bank’s or the Bank’s (Delaware) Charter or By-laws, (ii) violate any provision of, or constitute, with or without notice or lapse of time, a default under, or result in the creation or imposition of, any Lien on any properties included in the Trust Property pursuant to the Allottee and provisions of, any indenture, mortgage, credit agreement, license or other agreement or instrument to which the common areas Bank or the Bank (Delaware) Trustee, as the case may be, is a party or by which it is bound, or (iii) violate any law, governmental rule or regulation of the United States or the State of Delaware, as the case may be, governing the corporate, banking or trust powers of the Bank or the Bank (Delaware) (as appropriate in context) or any order, judgment or decree applicable to the Association of Bank or the AllotteesBank (Delaware); (xe) The Schedule Property is not neither the subject matter authorization, execution or delivery by the Bank or the Bank (Delaware) of this Trust Agreement nor the consummation of any HUF and that no part thereof is owned of the transactions by the Bank or the Bank (Delaware) (as the case may be) contemplated herein requires the consent or approval of, the giving of notice to, the registration with or the taking of any minor and/or no minor has other action with respect to any rightgovernmental authority or agency under any existing Federal law governing the corporate, title and claim over banking or trust powers of the Schedule PropertyBank or the Bank (Delaware), as appropriate in context, under the laws of the United States or the State of Delaware; (xif) The Promoter has duly paid and shall continue to pay and discharge all governmental duesthere are no proceedings pending or, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition best of each of the said propertyBank’s and the Bank’s (Delaware) has been received by knowledge, threatened against or served upon affecting the Promoter Bank or the Bank (Delaware) in respect any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would materially and adversely affect the Trust or would question the right, power and authority of the said Land and/or Bank or the Project; Bank (xiii) That Delaware), as the property is not Waqf propertycase may be, to enter into or perform its obligations as one of the Trustees under this Trust Agreement.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the AllotteesAllottee; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER BANK AND THE BANK (DELAWARE). The Promoter Bank and the Bank (Delaware), each severally on behalf of and as to itself, hereby represents and warrants to for the Allottee as followsbenefit of the Depositor and the Securityholders that: (ia) The [Promoter] has absolutethe Bank is a national banking association duly organized, clear validly existing and marketable title with respect to in good standing under the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession laws of the said Land United States; The Bank (Delaware) is a Delaware banking corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; and The Bank (Delaware), as Delaware Trustee, fulfills for the Projecttrust the statutory requirements of Section 3807 of the Delaware Business Trust Act; (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development each of the Project; Bank and the Bank (iiiDelaware) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Landhas full corporate power, Project or the Apartment; (v) All approvals, licenses authority and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the legal right to enter into execute, deliver and perform its obligations under this Trust Agreement and has not committed or omitted taken all necessary action to perform any act or thingauthorize the execution, whereby the right, title delivery and interest performance by it of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Trust Agreement; (viiic) The Promoter confirms that this Trust Agreement has been duly authorized, executed and delivered by the Promoter is not restricted Bank and the Bank (Delaware) and constitutes the valid and legally binding agreement of the Bank and the Bank (Delaware) enforceable against it in any manner whatsoever from selling the said Apartment accordance with its terms, subject to the Allottee in the manner contemplated in this Agreementbankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors' rights and to general equity principles; (ixd) At the time of execution execution, delivery and performance by each of the conveyance deed Bank and the Promoter shall handover lawful, vacant, peaceful, physical possession Bank (Delaware) of this Trust Agreement has been duly authorized by all necessary corporate or other action on the part of the Apartment Bank and the Bank (Delaware), respectively, and do not require any approval of stockholders of the Bank or the Bank (Delaware) and such execution, delivery and performance will not (i) violate the Bank's or the Bank's (Delaware) Charter or By-laws, (ii) violate any provision of, or constitute, with or without notice or lapse of time, a default under, or result in the creation or imposition of, any Lien on any properties included in the Trust Property pursuant to the Allottee and provisions of, any indenture, mortgage, credit agreement, license or other agreement or instrument to which the common areas Bank or the Bank (Delaware) Trustee, as the case may be, is a party or by which it is bound, or (iii) violate any law, governmental rule or regulation of the United States or the State of Delaware, as the case may be, governing the corporate, banking or trust powers of the Bank or the Bank (Delaware) (as appropriate in context) or any order, judgment or decree applicable to the Association of Bank or the AllotteesBank (Delaware); (xe) The Schedule Property is not neither the subject matter authorization, execution or delivery by the Bank or the Bank (Delaware) of this Trust Agreement nor the consummation of any HUF and that no part thereof is owned of the transactions by the Bank or the Bank (Delaware) (as the case may be) contemplated herein requires the consent or approval of, the giving of notice to, the registration with or the taking of any minor and/or no minor has other action with respect to any rightgovernmental authority or agency under any existing Federal law governing the corporate, title and claim over banking or trust powers of the Schedule PropertyBank or the Bank (Delaware), as appropriate in context, under the laws of the United States or the State of Delaware; (xif) The Promoter has duly paid and shall continue to pay and discharge all governmental duesthere are no proceedings pending or, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition best of each of the said propertyBank's and the Bank's (Delaware) has been received by knowledge, threatened against or served upon affecting the Promoter Bank or the Bank (Delaware) in respect any court or before any governmental authority, agency or arbitration board or tribunal which, individually or in the aggregate, would materially and adversely affect the Trust or would question the right, power and authority of the said Land and/or Bank or the Project; Bank (xiii) That Delaware), as the property is not Waqf propertycase may be, to enter into or perform its obligations as one of the Trustees under this Trust Agreement.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER PROMOTER i. The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, Promoters have clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;with (ii) . The Promoter Promoters has lawful rights and requisite approvals from the competent Authorities to carry car y out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/ wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoter has competent authorities with respect to the Project, project land and said building/ wing shall be obtained by following due process of law and the Promoters have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/ wing and common areas; (vi) . The Promoter has Promoters have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchaser/ s created herein, may prejudicially be affected; (vii) . The Promoter Promoters has not entered into any agreement for sale and/or and/ or development agreement or any other agreement / arrangement ar angement with any person or party with respect to the said Landproject land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;premises which (viii) . The Promoter Promoters confirms that the Promoter Promoters is not restricted in any manner whatsoever from selling the said Apartment premises to the Allottee Purchaser/ s in the manner contemplated in this Agreement; (ix) . At the time of execution of the conveyance deed of the Promoter structure to the Association of Purchaser/ s the Promoters shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas area soft he Structure to the Association of the AllotteesPurchaser/ s; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter Promoters has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the possession of the said premises is handed over or building completion or occupation certificate is obtained, whichever is earlier; (xii) xi. No notice from the Government or any other local orany otherlocal body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyland) has been received by or served upon the Promoter Promoters in respect of the project land and/ or the Project except those disclosed in the title report. xii. the Promoters will only pay the municipal tax forthe unsold flats / shops / units and will not pay any maintenance charges like water, light etc., and the Promoters can sell the said Land and/or flats / shops / units to any prospective buyers and then such prospective buyers will become the Project; (xiii) That member of the property is not Waqf propertysociety without paying any transfer premium orany othercharges.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee Allottee/s as followsfollows :- (i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; project land as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the Projectimplementation of the project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, Project project land or project except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Landproject land, Building and Apartment building/wing and common areas; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landproject land, including the Project project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/s under this Agreement; (viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment apartment to the Allottee Allottee/s in the manner contemplated in this Agreement; (ix) At . All the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the structure to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authoritiesauthorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land project land and/or the Project; (xiii) That project except those disclosed in the property is not Waqf propertytitle report.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER BANK AND THE BANK (DELAWARE). The Promoter Bank and the Bank (Delaware), each severally on behalf of and as to itself, hereby represents and warrants to for the Allottee as followsbenefit of the Depositor and the Securityholders that: (ia) The [Promoter] has absolutethe Bank is a national banking association duly organized, clear validly existing and marketable title with respect to in good standing under the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession laws of the said Land United States; The Bank (Delaware) is a Delaware banking corporation duly organized, validly existing and in good standing under the laws of the State of Delaware; and The Bank (Delaware), as Delaware Trustee, fulfills for the Projecttrust the statutory requirements of Section 3807 of the Delaware Business Trust Act; (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development each of the Project; Bank and the Bank (iiiDelaware) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law with respect to the said Landhas full corporate power, Project or the Apartment; (v) All approvals, licenses authority and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the legal right to enter into execute, deliver and perform its obligations under this Trust Agreement and has not committed or omitted taken all necessary action to perform any act or thingauthorize the execution, whereby the right, title delivery and interest performance by it of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Trust Agreement; (viiic) The Promoter confirms that this Trust Agreement has been duly authorized, executed and delivered by the Promoter is not restricted Bank and the Bank (Delaware) and constitutes the valid and legally binding agreement of the Bank and the Bank (Delaware) enforceable against it in any manner whatsoever from selling the said Apartment accordance with its terms, subject to the Allottee in the manner contemplated in this Agreementbankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors' rights and to general equity principles; (ixd) At the time of execution execution, delivery and performance by each of the conveyance deed Bank and the Promoter shall handover lawful, vacant, peaceful, physical possession Bank (Delaware) of this Trust Agreement has been duly authorized by all necessary corporate or other action on the part of the Apartment Bank and the Bank (Delaware), respectively, and do not require any approval of stockholders of the Bank or the Bank (Delaware) and such execution, delivery and performance will not (i) violate the Bank's or the Bank's (Delaware) Charter or By-laws, (ii) violate any provision of, or constitute, with or without notice or lapse of time, a default under, or result in the creation or imposition of, any Lien on any properties included in the Trust Property pursuant to the Allottee and provisions of, any indenture, mortgage, credit agreement, license or other agreement or instrument to which the common areas Bank or the Bank (Delaware) Trustee, as the case may be, is a party or by which it is bound, or (iii) violate any law, governmental rule or regulation of the United States or the State of Delaware, as the case may be, governing the corporate, banking or trust powers of the Bank or the Bank (Delaware) (as appropriate in context) or any order, judgment or decree applicable to the Association of Bank or the AllotteesBank (Delaware); (xe) The Schedule Property is not neither the subject matter authorization, execution or delivery by the Bank or the Bank (Delaware) of this Trust Agreement nor the consummation of any HUF and that no part thereof is owned of the transactions by the Bank or the Bank (Delaware) (as the case may be) contemplated herein requires the consent or approval of, the giving of notice to, the registration with or the taking of any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable action with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or governmental authority or agency under any legislative enactmentexisting Federal law governing the corporate, government ordinance, order, notification (including any notice for acquisition banking or requisition trust powers of the said property) has been received by Bank or served upon the Promoter Bank (Delaware), as appropriate in respect context, under the laws of the said Land and/or United States or the ProjectState of Delaware; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER Company The Promoter hereby represents Company represents, warrants and warrants covenants to the Allottee Purchaser that as followsof the related Closing Date or as of such date specifically provided herein: (a) The Company is a validly existing corporation in good standing under the laws of the State of New Jersey and is qualified to transact business in, is in good standing under the laws of, and possesses all licenses necessary for the conduct of its business in, each state in which any Mortgaged Property is located or is otherwise exempt or not required under applicable law to effect such qualification or license and no demand for such qualification or license has been made upon the Company by any such state, and in any event the Company is in compliance with the laws of each such State to the extent necessary to ensure the enforceability of each Mortgage Loan and the servicing of the Mortgage Loans in accordance with the terms of this Agreement; (b) The Company has full power and authority to hold each Mortgage Loan, to sell each Mortgage Loan pursuant to this Agreement and the related Term Sheet and to execute, deliver and perform, and to enter into and consummate all transactions contemplated by this Agreement and to conduct its business as presently conducted, has duly authorized the execution, delivery and performance of this Agreement, has duly executed and delivered this Agreement and the related Term Sheet, and this Agreement, the related Term Sheet and each Assignment of Mortgage to the Purchaser constitutes a legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms subject to bankruptcy laws and other similar laws of general application affecting rights of creditors and subject to the application of the rules of equity, including those respecting the availability of specific performance; (c) None of the execution and delivery of this Agreement, the origination of the Mortgage Loans by the Company, the sale of the Mortgage Loans to the Purchaser pursuant to the related Term Sheet, the consummation of the transactions contemplated thereby and hereby, or the fulfillment of or compliance with the terms and conditions of this Agreement and the related Term Sheet will conflict with any of the terms, conditions or provisions of the Company's charter or by-laws or materially conflict with or result in a material breach of any of the terms, conditions or provisions of any legal restriction or any agreement or instrument to which the Company is now a party or by which it is bound, or constitute a default or result in an acceleration under any of the foregoing, or result in the material violation of any law, rule, regulation, order, judgment or decree to which the Company or its property is subject; (d) Each Mortgage Note, each Mortgage, each Assignment of Mortgage and any other documents required pursuant to this Agreement to be delivered to the Purchaser or its assignee for each Mortgage Loan have been, on or before the related Closing Date, delivered to the Custodian or the Purchaser or its assignees; (e) There is no litigation pending or, to the best of the Company's knowledge, threatened with respect to the Company which is reasonably likely to have a material adverse effect on the sale of the related Mortgage Loans, the execution, delivery or enforceability of this Agreement or the related Term Sheet, or which is reasonably likely to have a material adverse effect on the financial condition of the Company; (f) No consent, approval, authorization or order of any court or governmental agency or body is required for the execution, delivery and performance by the Company of or compliance by the Company with this Agreement or the related Term Sheet, the sale of the Mortgage Loans or the consummation of the transactions contemplated by this Agreement or the related Term Sheet except for consents, approvals, authorizations and orders which have been obtained; (g) The consummation of the transactions contemplated by this Agreement and the related Term Sheet is in the ordinary course of business of the Company, and the transfer, assignment and conveyance of the Mortgage Notes and the Mortgages by the Company pursuant to this Agreement and the related Term Sheet are not subject to bulk transfer or any similar statutory provisions in effect in any applicable jurisdiction; (h) The origination, collection and servicing practices used by the Company, with respect to each Mortgage Note and Mortgage have been in all material respects legal, proper and prudent in the mortgage origination and servicing business. With respect to escrow deposits and payments that the Company collects, all such payments are in the possession of, or under the control of, the Company, and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. No escrow deposits or other charges or payments due under the Mortgage Note have been capitalized under any Mortgage or the related Mortgage Note; (i) The [Promoter] has absolute, clear and marketable title with respect to Company used no selection procedures that identified the said Land; related Mortgage Loans as being less desirable or valuable than other comparable mortgage loans in the requisite rights to carry out development upon Company's portfolio at the said Land and absolute, actual, physical and legal possession of the said Land for the Projectrelated Cut-off Date; (iij) The Promoter has lawful rights and requisite approvals from Company will treat the competent Authorities to carry out development sale of the Projectrelated Mortgage Loans to the Purchaser as a sale for reporting and accounting purposes and, to the extent appropriate, for federal income tax purposes; (iiik) There are The Company is an approved seller/servicer of residential mortgage loans for Xxxxxx Xxx and Xxxxxxx Mac with such facilities, procedures and personnel necessary for the sound servicing of such mortgage loans. The Company is in good standing to sell mortgage loans to and service mortgage loans for Xxxxxx Mae and Xxxxxxx Mac and no encumbrances upon event has occurred which would make the said Land Company unable to comply with eligibility requirements or the Projectwhich would require notification to either Xxxxxx Mae or Xxxxxxx Mac; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vil) The Promoter has the right Company does not believe, nor does it have any cause or reason to enter into believe, that it cannot perform each and every covenant contained in this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;related Term Sheet; and (viim) The Promoter has not entered into any agreement for sale and/or development agreement No statement, report or any other agreement / arrangement with any person document prepared and furnished or party with respect to be prepared and furnished by the Company pursuant to the said Land, including Agreement or the Project and the said Apartment which will, related Term Sheet contains or will contain any statement that is or will be inaccurate or misleading in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf propertymaterial respect.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as follows:hereby (i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (Project and shall obtain requisite approvals from time to time to complete the development of the project; iii) . There are no encumbrances upon the said Land project land or the Project; (Project except those disclosed in the title report; iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartment; (v) title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/wing and common areas; (; vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (; vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landproject land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; (; viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; (; ix) . At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) ; x. The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) ; xi. No notice from the Government or any other local body or authority or any legislative enactment, government Government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land project land and/or the Project;Project except those disclosed in the title report. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 (EXTRAORDINARY No. 2) 24TH NOVEMBER, 2017 1785 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows:– (xiiii) That To maintain the property Apartment at the Allottee’s own cost in good and tenantable repair and condition from the date the possession of the Apartment is taken and shall not Waqf propertydo or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or byelaws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. (ii) Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the (iii) To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. (iv) Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. (v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. (vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. (vii) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit any taxes or levies and other amounts as demanded by the concerned local authority or Government for providing infrastructure like water, electricity, sewerage or any other service connection to the building in which the Apartment is situated. (viii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. (ix) The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter Lynn and the Mueller Trust Regardxxx Xxxtain of the Purchased Shares Each of Lynn and the Mueller Trust hexxxx jointly xxx xxxerally represent and warrant that except as otherwise disclosed in this Agreement or in any Schedule attached hereto (and hereby represents acknowledges and warrants to confirms that the Allottee as follows:Purchaser are relying on such representations and warranties in connection with the purchase by the Purchaser of the Purchased Shares and Shareholder's Loan.): (ia) The [Promoter] Good Title Each of Lynn and the Mueller Trust is xxx owner, bxxxxxxxally and of record, of the part of the Purchased Shares as described in Section 1.1(nnn) and part of the Shareholder's Loan as described in Schedule 3.1(r). Each of Lynn and the Xxeller Trust has absolutea good and xxxxxxxble title thereto, clear free of (b) No Bankruptcy/Insolvency Each of Lynn and marketable title the Mueller Trust is xxx insolvenx, xxx committed an act of bankruptcy, has proposed a compromise or arrangement to its creditors generally, has had any petition for a receiving order in bankruptcy filed against it, has taken any proceeding with respect to the said Land; the requisite rights a compromise or arrangement, has taken any proceeding to carry out development upon the said Land and absolutehave itself declared bankrupt or wound-up, actualhas taken any proceeding to have a receiver appointed of any part of its assets, physical and legal has had any encumbrances take possession of the said Land for the Project;any of its property, nor has it had any execution or distress become enforceable or become levied upon any of its property. (iic) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) Related Agreements There are no encumbrances upon agreements, written or oral, to which Lynn and/or xxx Mueller Trust or any of its Axxxxxxxes is a party to or by which any of them is bound in respect of the said Land or the Project;Purchased Shares and Shareholder's Loan. (ivd) There Shareholder's Loan The part of the Shareholder's Loan are no litigations pending before any Court legally and beneficially owned by Lynn, the details, terms and xxxxitions of law with respect to which are described in Schedule 3.1(r), shall be free and clear of all encumbrances, assignable in the said Landordinary course, Project or the Apartment;due and payable without set off. (ve) All approvals, licenses Due Execution and permits issued Delivery - Lynn and the Mueller Trust Xxx execution and delivery of this Agreement by Lynn and the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Xxeller Trust as contemplated xxxxxx has been duly authorized by all necessary action and shall, at all times, remain to be in compliance with all applicable laws in relation to Lynn and the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right Mueller Trust hax xxe legal capacity to enter into this Agreement and has not committed or omitted to carry out the transactions of purchase and sale contemplated herein and to perform any act their respective obligations hereunder and pursuant to all other agreements required to be delivered hereunder. This Agreement has been duly and validly executed and delivered by Lynn and the Mueller Trust anx xxnstitutes x valid and legally binding agreement, enforceable against Lynn and/or xxx Mueller Trust in accordance wxxx xxx terms subject to and affected by the laws relating to bankruptcy, insolvency, reorganization and creditors' rights generally and except that a court may or thingmay not order an injunction, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement specific performance or any other agreement / arrangement with any person or party equitable remedies with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights particular provision of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

REPRESENTATIONS AND WARRANTIES OF THE. PROMOTER The Promoter hereby represents and warrants to the Allottee as followsfollows :- (i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this a greement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/ wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Pr oject, project land and said building/ wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/ wing and common areas; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) . The Promoter Promot er has not entered into any agreement for sale and/or and/ or development agreement or any other agreement / arrangement with any person or party with respect to the said Landproject land, including the Project and the said Apartment [Apartment/ Plot] which will, in any manner, affect affec t the rights of Allottee under this Agreement; (viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement; (ix) . At the time of o f execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) x. The Promoter has duly du ly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the th e competent Authorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by re ceived or served upon the Promoter in respect of the said Land and/or project land and/ or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.