0001539497-21-001531 Sample Contracts

AGREEMENT BETWEEN NOTE HOLDERS Dated as of August 11, 2021 by and between MORGAN STANLEY BANK, N.A., (Initial Note A-1 Holder) MORGAN STANLEY BANK, N.A. (Initial Note A-2 Holder) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC (Initial Agent) Newport...
Agreement Between Note Holders • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities

This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of August 11, 2021 by and between MORGAN STANLEY BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”; the Initial Note A-1 Holder and the Initial Note A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

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MORTGAGE LOAN PURCHASE AGREEMENT
Mortgage Loan Purchase Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

This Mortgage Loan Purchase Agreement (this “Agreement”) is dated and effective as of September 24, 2021, between Morgan Stanley Mortgage Capital Holdings LLC, as seller (in such capacity, together with its successors and permitted assigns hereunder, the “Mortgage Loan Seller” or “Seller”), and Banc of America Merrill Lynch Commercial Mortgage Inc., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the “Purchaser”).

BANK 2021-BNK36 COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2021-BNK36 UNDERWRITING AGREEMENT As of September 24, 2021
Underwriting Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

Banc of America Merrill Lynch Commercial Mortgage Inc., a Delaware corporation (the “Depositor”), intends to issue its BANK 2021-BNK36, Commercial Mortgage Pass-Through Certificates, Series 2021-BNK36 (the “Certificates”), in forty-three (43) classes and interests (each, a “Class”) as designated in the Prospectus (as defined below). Pursuant to this underwriting agreement (the “Agreement”), the Depositor further proposes to sell to BofA Securities, Inc. (“BofA Securities”), Morgan Stanley & Co. LLC (“MS&Co.”), Wells Fargo Securities, LLC (“Wells Fargo Securities”), Academy Securities, Inc. (“Academy”) and Drexel Hamilton, LLC (“Drexel” and, collectively with BofA Securities, MS&Co., Wells Fargo Securities, and Academy, the “Underwriters” and each, individually, an “Underwriter”) the Certificates set forth in Schedule I hereto (the “Registered Certificates”) in the respective original principal amounts and notional amounts set forth in Schedule I. The Certificates represent in the aggre

INTERCREDITOR AGREEMENT Dated as of August 24, 2021 by and between MORGAN STANLEY bank, N.A., (Note A Holder) and Delaware Life Insurance Company, (Note B Holder) Suarez Industrial Portfolio
Intercreditor Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

This INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 24, 2021, by and between MORGAN STANLEY BANK, N.A. (“Morgan Stanley Bank”), as holder of Note A (in such capacity, together with its successors and assigns, the “Note A Holder”), Delaware Life Insurance Company (“Delaware Life”), as holder of Note B (in such capacity, together with its successors and assigns, the “Note B Holder”), and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), as initial agent (in such capacity, “Initial Agent”).

MORTGAGE LOAN PURCHASE AGREEMENT
Mortgage Loan Purchase Agreement • October 7th, 2021 • Bank 2021-Bnk36 • Asset-backed securities • New York

This Mortgage Loan Purchase Agreement (this “Agreement”) is dated and effective as of September 24, 2021, between National Cooperative Bank, N.A., as seller (in such capacity, together with its successors and permitted assigns hereunder, the “Mortgage Loan Seller” or “Seller”), and Banc of America Merrill Lynch Commercial Mortgage Inc., as purchaser (in such capacity, together with its successors and permitted assigns hereunder, the “Purchaser”).

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