Common use of Title to Mortgage Loans Clause in Contracts

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.

Appears in 53 contracts

Samples: Underwriting Agreement (Benchmark 2023-B40 Mortgage Trust), Underwriting Agreement (Benchmark 2022-B32 Mortgage Trust), Underwriting Agreement (Benchmark 2021-B28 Mortgage Trust)

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Title to Mortgage Loans. Immediately prior to the assignment of the Mortgage Loans to the Certificate Administrator and 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.

Appears in 5 contracts

Samples: Underwriting Agreement (Barclays Commercial Mortgage Securities LLC), Underwriting Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Underwriting Agreement (Credit Suisse Commercial Mortgage Securities Corp.)

Title to Mortgage Loans. Immediately prior to the assignment of the Mortgage Loans to the TrusteeTrust (as defined below), 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.

Appears in 1 contract

Samples: Underwriting Agreement (Starwood Commercial Mortgage Depositor, LLC)

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Title to Mortgage Loans. Immediately prior to the assignment of the Mortgage Loans to the Indenture 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.

Appears in 1 contract

Samples: Underwriting Agreement (3650 REIT Commercial Mortgage Securities II LLC)

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