AGREEMENT BETWEEN NOTE HOLDERS Dated as of November 30, 2022 by and between and RH HQAgreement Between Note Holders • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of November 30, 2022 by and between 3650 REIT WAREHOUSE FACILITY ENTITY 2A LLC (in its capacity as initial owner of the Note A-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”) and 3650 REIT WAREHOUSE FACILITY ENTITY 2A LLC (in its capacity as initial owner of the Note A-2, the “Initial Note A-2 Holder” and, together with the Initial Note A-1 Holder, the “Initial Note Holders”).
CO-LENDER AGREEMENT Dated as of April 17, 2023 by and among STARWOOD MORTGAGE CAPITAL LLC (Initial Note A-1 Holder), STARWOOD MORTGAGE CAPITAL LLC (Initial Note A-2 Holder), STARWOOD MORTGAGE CAPITAL LLC (Initial Note A-3 Holder) and STARWOOD MORTGAGE...Co-Lender Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and goldman sachs mortgage company SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of August 1, 2023 BMO 2023-5C1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2023-5C1Pooling and Servicing Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
This Mortgage Loan Purchase Agreement (“Agreement”), dated as of August 1, 2023, is between BMO Commercial Mortgage Securities LLC, a Delaware limited liability company, as purchaser (the “Purchaser”), and Goldman Sachs Mortgage Company, a New York limited partnership, as seller (the “Seller”).
AGREEMENT BETWEEN NOTEHOLDERS Dated as of June 9, 2023 by and among BANK OF MONTREAL (Initial BMO Note A Holder) STARWOOD MORTGAGE CAPITAL LLC (Initial SMC Note A Holder) and THE WIDENER BUILDINGAgreement Between Noteholders • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS AGREEMENT BETWEEN NOTEHOLDERS, dated as of June 9, 2023, by and between BANK OF MONTREAL (together with its successors in interest and assigns, “BMO”), a Canadian chartered bank (in its capacity as initial owner of the BMO A Notes, the “Initial BMO Note A Holder” and, in its capacity as the initial agent, the “Initial Agent”) and STARWOOD MORTGAGE CAPITAL LLC (together with its successors in interest and assigns, “SMC”), a Delaware limited liability company (in its capacity as initial owner of the SMC A Notes, the “Initial SMC Note A Holder”).
AGREEMENT BETWEEN NOTEHOLDERS Dated as of June 29, 2023 by and among CITI REAL ESTATE FUNDING INC. (Initial Note A-1 Holder and Initial Note A-2 Holder) and CITI REAL ESTATE FUNDING INC. (Initial Note B Holder) CGCMT 2023-PRM3Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS AGREEMENT BETWEEN NOTEHOLDERS, dated as of June 29, 2023, by and between CITI REAL ESTATE FUNDING INC. (together with its successors in interest and assigns, “CREFI”), a New York corporation (in its capacity as initial owner of Note A-1, the “Initial Note A-1 Holder”, in its capacity as initial owner of Note A-2, “Initial Note A-2 Holder”, and in its capacity as the initial agent, the “Initial Agent”), and CREFI (in its capacity as initial owner of Note B, the “Initial Note B Holder” and, together with the Initial Note A-1 Holder and the Initial Note A-2 Holder, the “Initial Noteholders”).
CO-LENDER AGREEMENT Dated as of July 12, 2023 between DBR Investments Co. Limited (Note A-1 Holder) DBR Investments Co. Limited (Note A-2 Holder) DBR Investments Co. Limited (Note A-3 Holder) DBR Investments Co. Limited (Note A-4 Holder) DBR...Co-Lender Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of July 12, 2023, is by and among DBR Investments Co. Limited, a Cayman Islands corporation, having an address at 1 Columbus Circle, 15th Floor, New York, New York 10019 (together with its successors and assigns, “DB”), as Note A-1 Holder, Note A-2 Holder, Note A-3 Holder, Note A-4 Holder and Note A-5 Holder, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “WFB”), having an address c/o Wells Fargo Commercial Mortgage Servicing, 401 S. Tryon Street, 8th Floor, Charlotte, North Carolina 28202, as Note A-6 Holder, Note A-7 Holder and Note A-8 Holder.
AGREEMENT BETWEEN NOTE HOLDERS Dated as of June 30, 2023 by and between BANK OF AMERICA, N.A. (Initial Note A-1-1 Holder, Initial Note A-1-2 Holder, Initial Note A-1-3 Holder, Initial Note A-1-4 Holder and Initial Note A-1-5 Holder) and UBS AG, NEW...Agreement Between Note Holders • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
This AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of June 30, 2023 by and between BANK OF AMERICA, N.A. (“BANA”, in its capacity as initial owner of Note A-1-1 described below, the “Initial Note A-1-1 Holder”, in its capacity as initial owner of Note A-1-2 described below, the “Initial Note A-1-2 Holder”, in its capacity as initial owner of Note A-1-3 described below, the “Initial Note A-1-3 Holder”, in its capacity as initial owner of Note A-1-4 described below, the “Initial Note A-1-4 Holder”, in its capacity as initial owner of Note A-1-5 described below, the “Initial Note A-1-5 Holder” and, in its capacity as the initial agent, the “Initial Agent”);
CO-LENDER AGREEMENT Dated as of April 14, 2023 between DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-1 Holder) DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-2 Holder) DEUTSCHE BANK AG, NEW YORK BRANCH (Note A-3 Holder) DEUTSCHE BANK AG, NEW YORK BRANCH (Note...Co-Lender Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of April 14, 2023, is by and among DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank, authorized by the New York Department of Financial Services, having an address at 1 Columbus Circle, 15th Floor, New York, New York 10019 (together with its successors and assigns, “DB”), as Note A-1 Holder, Note A-2 Holder, Note A-3 Holder, Note A-4 Holder and Note A-5 Holder, MORGAN STANLEY BANK, N.A., a national banking association (together with its successors and assigns, “MS”), having an address at 1585 Broadway, New York, New York 10036, as Note A-6-1 Holder, Note A-6-2 Holder and Note A-7 Holder, and BANK OF MONTREAL, a Canadian Chartered bank (together with its successors and assigns, “BMO”), having an address at c/o BMO Capital Markets Corp., 151 West 42nd Street, New York, New York 10036, as Note A-8 Holder, Note A-9 Holder, Note A-10 Holder and Note A-11 Holder.
BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and CITI REAL ESTATE FUNDING INC. SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of August 1, 2023 BMO 2023-5C1 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2023-5C1Pooling and Servicing Agreement • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
This Mortgage Loan Purchase Agreement (“Agreement”), dated as of August 1, 2023, is between BMO Commercial Mortgage Securities LLC, a Delaware limited liability company, as purchaser (the “Purchaser”), and Citi Real Estate Funding Inc., a New York corporation, as seller (the “Seller”).
AMENDED AND RESTATED AGREEMENT BETWEEN NOTEHOLDERS Dated as of August 2, 2023 by and between NEW YORK LIFE INSURANCE COMPANY (Initial Note A-1 Holder) and TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA (Initial Note A-2 Holder) and DEUTSCHE...Amended And • August 16th, 2023 • BMO 2023-5c1 Mortgage Trust • Asset-backed securities • New York
THIS AMENDED AND RESTATED AGREEMENT BETWEEN NOTEHOLDERS (“Agreement”), dated as of August 2, , 2023, is made by and between NEW YORK LIFE INSURANCE COMPANY, in its capacity as initial owner of Note A-1 (the “Initial Note A-1 Holder”), TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, in its capacity as initial owner of Note A-2 (the “Initial Note A-2 Holder”), DEUTSCHE BANK AG, NEW YORK BRANCH (together with its successors and assigns in interest, “DB”), in its capacity as initial owner of Note A-3 (the “Initial Note A-3 Holder”), COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF BENCHMARK 2023-B39 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2023-B39, AND ANY RELATED UNCERTIFICATED VRR INTEREST OWNER (together with its successors and assigns in interest), in its capacity as current owner of Note A-4-1 (the “Initial Note A-4-1 Holder”), ZIONS BANCORPORATION, N.A., in it
