Title to Mortgage Loans. Immediately prior to the assignment of the Mortgage Loans to the Trustee, the Depositor will have good title to, and will be the sole owner of, each Mortgage Loan free and clear of any pledge, mortgage, lien, security interest, adverse claim or other encumbrance of any other person, except for any retained servicing.
Title to Mortgage Loans. The Depositor has good and marketable title in fee simple to the Mortgage Loans free and clear of all liens, encumbrances, claims and defects and imperfections of title except those that could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Title to Mortgage Loans. At the time of the execution of the Pooling and Servicing Agreement, the Depositor (i) will convey to the Trustee, or cause to be conveyed to the Trustee, all of the Depositor's right, title and interest in and to the Mortgage Loans being transferred to the Trustee pursuant to the Pooling and Servicing Agreement, free and clear of Liens granted by or imposed upon the Depositor, and (ii) will not have assigned to any other person any of its right, title or interest in the Mortgage Loans or in the Pooling and Servicing Agreement or the Certificates. Upon execution and delivery of the Pooling and Servicing Agreement by the Trustee, the Trustee will have acquired ownership of all of the Depositor's right, title and interest in and to the Mortgage Loans except to the extent disclosed in the Prospectus, and upon delivery to the Underwriters of the Offered Certificates pursuant hereto, each Underwriter will have good title to the Offered Certificates purchased by such Underwriter, in each case free of Liens granted by or imposed upon the Depositor.
Title to Mortgage Loans. The Seller is the sole owner and holder of the respective Mortgage Loans and the servicing rights related thereto. The respective Mortgage Loans and the related servicing rights have not been assigned or pledged by the Seller, and the Seller has good and marketable title thereto;
Title to Mortgage Loans. Immediately prior to the assignment of the Mortgage Loans to the Trustee, the Depositor will have good title to, and will be the sole owner of, each Mortgage Loan free and clear of any pledge, mortgage, lien, security interest, adverse claim or other encumbrance of any other person (except in the case of the Mortgage Loan identified as “The 9” on Annex A-1 to the Preliminary Prospectus, for which the related mortgage is a second priority lien after a mortgage related to a tax increment financing arrangement), except for any retained servicing.
Title to Mortgage Loans. Seller has good and marketable title ----------------------- to the Mortgage Loans, free and clear of all liens, claims, security interests, encumbrances, participation interests, rights, options, assignments, and servicing agreements with third parties, whatsoever (except pursuant to this Agreement). The documents selling, assigning, conveying and otherwise transferring to Purchaser the Mortgage Loans will grant and transfer to Purchaser good and marketable title to such Mortgage Loans.
Title to Mortgage Loans. The Bank (i) is the sole owner of the Mortgage Loans (as defined in the Prospectus) and such ownership is free and clear of any lien, security interest or other encumbrance, (ii) has not granted, and will not grant, any participation or other interest or assignment, other option or rights to the Mortgage Loans, other than pursuant to the Mortgage Loan Purchase Agreement (as defined in the Prospectus) and related documents and (iii) has not pledged, collaterally assigned or otherwise hypothecated any interest therein, and will at no time do so or agree to do so, other than pursuant to the Mortgage Loan Purchase Agreement and related documents.
Title to Mortgage Loans. The Mortgage Loans (as hereinafter defined) are held by MBC, and when transferred to the Company on the Closing Date and at each Option Closing Date, will be held by the Company free and clear of all claims, liens, security interests, charges, restrictions and deficits, except as incurred under the Indenture. The descriptions of the Mortgage Loans set forth in the Registration Statement, the Pricing Disclosure Package and the Prospectus accurately and fairly describe the Mortgage Loans.
Title to Mortgage Loans. Borrower has good, valid, insurable (in the case of real property) and marketable title to all of its properties and other assets, whether real or personal, tangible or intangible, reflected on the financial statements delivered to Lender with respect to Borrower, except for such properties and other assets that have been disposed of in the ordinary course of business of Borrower’s mortgage banking business, and all such properties and other assets are free and clear of all liens except as disclosed in such financial statements.
Title to Mortgage Loans. Seller has good title to and is the sole owner of record and holder of the Mortgage Loan and the indebtedness evidenced by each Note. Unless as otherwise disclosed in the Mortgage Files, Seller is the original mortgagee or assignee of the Mortgage. Seller has good, indefeasible and marketable title to the Mortgage Loan, and has full right to transfer and sell the Mortgage Loan to the Buyer free and clear of any encumbrance, equity interest, participation interest, lien, pledge, charge, claim or security interest, and has full right and authority subject to no interest or participation of, or agreement with, any other party, to sell and assign each Mortgage Loan pursuant to this Agreement and immediately upon the sale of each Mortgage Loan, Buyer will own such Mortgage Loan free and clear of any encumbrance, equity interest, participation interest, lien, pledge, charge, claim or security interest.
