Common use of Trustee under Deed of Trust Clause in Contracts

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 62 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq12), Mortgage Loan Purchase Agreement (TIAA Seasoned Commercial Mortgage Trust 2007-C4), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6)

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Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 48 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq13), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Hq13), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Hq13)

Trustee under Deed of Trust. If any the related Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or and expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's trustee sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property following a default or related security for in connection with the related release of liens securing such Mortgage LoanLoan and any such fees and expenses are the obligation of the Mortgagor under the terms of the Mortgage.

Appears in 30 contracts

Samples: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C2)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1i) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2ii) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 27 contracts

Samples: Mortgage Loan Purchase Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2005-C1 Trust), Mortgage Loan Purchase Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2005-C1 Trust), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

Trustee under Deed of Trust. If any the related Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or and expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's trustee sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property following a default or related security for in connection with the related release of liens securing such Mortgage Loan.

Appears in 25 contracts

Samples: Mortgage Loan Purchase Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C1), Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2004-C6), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C8)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1i) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2ii) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor Borrower or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 8 contracts

Samples: Mortgage Loan Purchase Agreement (COMM 2006-C7 Mortgage Trust), Mortgage Loan Purchase Agreement (COMM 2006-C8 Mortgage Trust), Mortgage Loan Purchase Agreement (COMM 2006-C7 Mortgage Trust)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Iq11), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8)

Trustee under Deed of Trust. If the Mortgage for any Mortgage Loan is a deed of trust, (1) then a trustee, duly qualified under applicable law to serve as such, is has either been properly designated and serving under such Mortgage, currently so serves or may be substituted in accordance with the Mortgage and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loanapplicable law.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (CFCRE Commercial Mortgage Trust 2011-C2), Mortgage Loan Purchase Agreement (CFCRE Commercial Mortgage Trust 2011-C2), Mortgage Loan Purchase Agreement (CCRE Commercial Mortgage Securities, L.P.)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the Seller, the Purchaser Buyer or any transferee thereof except in connection with a trustee's ’s sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 2 contracts

Samples: Master Repurchase Agreement, Master Repurchase Agreement (New Century Financial Corp)

Trustee under Deed of Trust. If any the related Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or and expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's trustee sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property following a default or related security for in connection with the related release of liens securing the Mortgage LoanLoan and any such fees and expenses are the obligation of the Mortgagor under the terms of the Mortgage.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C2), Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C2)

Trustee under Deed of Trust. If the Mortgage in respect of any Mortgage Loan is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such MortgageMortgage or may be substituted in accordance with applicable law by the related mortgagee, and (2b) except in connection with a trustee's sale after default by the related Borrower, no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loanthereof.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Credit Suisse First Boston Mortgage Securities Corp), Mortgage Loan Purchase Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such MortgageMortgage or has been substituted in accordance with the Mortgage and applicable law, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq11), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Hq11)

Trustee under Deed of Trust. If the Mortgage in respect of any Mortgage Loan is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) except in connection with a trustee's sale after default by the related Borrower, no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loanthereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp), Mortgage Loan Purchase Agreement (Credit Suisse First Boston Mortgage Sec Corp 2001-Ck6)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such MortgageMortgage or has been substituted in accordance with the Mortgage and applicable law, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Dean Witter Capital I Inc)

Trustee under Deed of Trust. If In the case of any Mortgage --------------------------- that is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no serves in accordance with applicable laws. No fees or expenses are payable to such the trustee by the Sellerunder any deed of trust, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial the release of the related Mortgaged Property or related security for the related Mortgage LoanLoan following the payment of the mortgage loan in full.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cs First Boston Mortgage Securities Corp /De/)

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Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the Seller, the Purchaser Buyer or any transferee thereof except in connection with a trustee's ’s sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor Borrower or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Trustee under Deed of Trust. If the Mortgage in respect of any Mortgage Loan is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) except in connection with a trustee's sale after default by the related Mortgagor, no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loanthereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1)

Trustee under Deed of Trust. If any a Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) except in connection with a trustee's sale after default by the related Mortgagor, no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loanthereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)

Trustee under Deed of Trust. If any the Mortgage is a deed of trust, (1i) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2ii) no fees or expenses are payable to such trustee by the Seller, the Purchaser or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2) no fees or expenses are payable to such trustee by the Seller, the Purchaser Depositor or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Credit Suisse Fir Bos Mo Sec Corp Cm Mt Ps Th CRT Sr 2000-C1)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the SellerPrincipal, the Purchaser Lender or any transferee thereof except in connection with a trustee's ’s sale after default by the related Mortgagor borrower or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage LoanInvestment.

Appears in 1 contract

Samples: Mortgage Origination and Servicing Agreement (CreXus Investment Corp.)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the Seller, the Purchaser Buyers or any transferee thereof except in connection with a trustee's ’s sale after default by the related Mortgagor or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage Loan.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Trustee under Deed of Trust. If any Mortgage is a deed of trust, (1a) a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage, and (2b) no fees or expenses are payable to such trustee by the SellerPrincipal, the Purchaser Lender or any transferee thereof except in connection with a trustee's sale after default by the related Mortgagor borrower or in connection with any full or partial release of the related Mortgaged Property or related security for the related Mortgage LoanInvestment.

Appears in 1 contract

Samples: Mortgage Origination and Servicing Agreement (CreXus Investment Corp.)

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