Common use of The Depositor and the Mortgage Loans Clause in Contracts

The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the related Delivery Date, and following the transfer of the Mortgage Loans to it by the Purchaser, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Initial Mortgage Loans and shall, on each Subsequent Transfer Date, convey all of its right, title and interest with respect to the related Subsequent Mortgage Loans.

The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and the Securities Administrator with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the related Delivery Date, and following the transfer of the Mortgage Loans to it by the PurchaserUnaffiliated Seller, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Initial Mortgage Loans and shall, on each Subsequent Transfer Date, convey all of its right, title and interest with respect to the related Subsequent subsequent Mortgage Loans.

The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and to the Class A-1 Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the related Delivery Date, and following the transfer of the Mortgage Loans to it by the PurchaserUnaffiliated Seller, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Initial Mortgage Loans and shall, on each Subsequent subsequent Transfer Date, convey all of its right, title and interest with respect to the related Subsequent subsequent Mortgage Loans.

The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee and the Class A-2 Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the related Delivery Closing Date, and following the transfer of the Mortgage Loans to it by the Purchaser, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Initial Mortgage Loans and shall, on each Subsequent Transfer Date, convey all of its right, title and interest with respect to the related Subsequent Mortgage Loans.

The Depositor and the Mortgage Loans. The Depositor hereby represents and warrants to the Trustee Trustee, the Securities Administrator and the Class A-1 Certificate Insurer with respect to each Mortgage Loan as of the date hereof or such other date set forth herein that as of the related Delivery Date, and following the transfer of the Mortgage Loans to it by the PurchaserUnaffiliated Seller, the Depositor had good title to the Mortgage Loans and the Mortgage Notes were subject to no offsets, defenses or counterclaims. The Depositor hereby assigns, transfers and conveys to the Trustee all of its rights with respect to the Initial Mortgage Loans and shall, on each Subsequent subsequent Transfer Date, convey all of its right, title and interest with respect to the related Subsequent subsequent Mortgage Loans.