BANK OF AMERICA, NATIONAL ASSOCIATION, Master Servicer and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, Primary Servicer PRIMARY SERVICING AGREEMENT Dated as of July 1, 2012 Morgan Stanley Bank of America Merrill Lynch Trust...Primary Servicing Agreement • July 30th, 2012 • Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5 • Asset-backed securities • New York
This is a Primary Servicing Agreement (the “Agreement”), dated as of July 1, 2012, by and between BANK OF AMERICA, NATIONAL ASSOCIATION, having an office at 900 West Trade Street, Suite 650, NC1-026-06-01, Charlotte, North Carolina 28255 and its successors and assigns (the “Master Servicer”) and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, having an office at 10851 Mastin, Suite 300, Overland Park, Kansas 66210 (the “Primary Servicer”).
MORGAN STANLEY CAPITAL I INC. COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2012-C5 UNDERWRITING AGREEMENT July 13, 2012Underwriting Agreement • July 30th, 2012 • Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5 • Asset-backed securities • New York
MORGAN STANLEY CAPITAL I INC. as Depositor, BANK OF AMERICA, NATIONAL ASSOCIATION, as Master Servicer, MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as Special Servicer, SITUS HOLDINGS, LLC, as Trust Advisor, U.S. BANK NATIONAL...Distribution Instructions • July 30th, 2012 • Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5 • Asset-backed securities • New York
THIS POOLING AND SERVICING AGREEMENT is dated as of July 1, 2012 (this “Agreement”) between MORGAN STANLEY CAPITAL I INC., a Delaware corporation, as depositor (the “Depositor”), BANK OF AMERICA, NATIONAL ASSOCIATION, as master servicer (the “Master Servicer”), MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as special servicer (the “Special Servicer”), SITUS HOLDINGS, LLC, as trust advisor (the “Trust Advisor”), U.S. BANK NATIONAL ASSOCIATION, as trustee (in such capacity, the “Trustee”), certificate administrator (in such capacity, the “Certificate Administrator”), certificate registrar and authenticating agent, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as custodian (the “Custodian”).
MORTGAGE LOAN PURCHASE AGREEMENTMortgage Loan Purchase Agreement • July 30th, 2012 • Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5 • Asset-backed securities • New York
Mortgage Loan Purchase Agreement (“Agreement”), dated as of July 13, 2012, between Bank of America, National Association (“Seller”) and Morgan Stanley Capital I Inc. (“Purchaser”).
MORTGAGE LOAN PURCHASE AGREEMENT between MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC as Seller and MORGAN STANLEY CAPITAL I INC. as Purchaser Dated as of July 13, 2012Pooling and Servicing Agreement • July 30th, 2012 • Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5 • Asset-backed securities • New York
Mortgage Loan Purchase Agreement (“Agreement”), dated as of July 13, 2012, between Morgan Stanley Mortgage Capital Holdings LLC (“Seller”) and Morgan Stanley Capital I Inc. (“Purchaser”).
