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.
Appears in 10 contracts
Samples: Underwriting Agreement (Merrill Lynch Mortgage Trust 2005-Cip1), Underwriting Agreement (Merrill Lynch Mortgage Trust 2004-Bpc1), Underwriting Agreement (Merrill Lynch Mortgage Trust 2005-McP1)