0001539497-13-000591 Sample Contracts

COMM 2013-CCRE9 Commercial Mortgage Pass-Through Certificates UNDERWRITING AGREEMENT
Underwriting Agreement • July 9th, 2013 • COMM 2013-Ccre9 Mortgage Trust • Asset-backed securities • New York

immediately available funds pursuant to four separate mortgage loan purchase agreements, each to be dated as of the date hereof between the Company and the applicable Loan Seller (collectively, the “Mortgage Loan Purchase Agreements”). Two separate real estate mortgage investment conduit (“REMIC”) elections will be made with respect to the Trust Fund for federal income tax purposes. The Trust Fund is to be created and the Certificates are to be issued pursuant to a pooling and servicing agreement (the “Pooling and Servicing Agreement”) to be dated as of July 1, 2013 by and among the Company, as depositor, KeyCorp Real Estate Capital Markets, Inc., as master servicer (the “Master Servicer”), Midland Loan Services, a Division of PNC Bank, National Association, as special servicer (the “Special Servicer”), U.S. Bank National Association, as trustee (the “Trustee”), Deutsche Bank Trust Company Americas, as certificate administrator, paying agent and custodian (in such capacity, the “Certif

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