BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and BANK OF MONTREAL SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of November 1, 2023 BMO 2023-5C2 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2023-5C2Pooling and Servicing Agreement • November 9th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
relating to façade work performed by the subcontractor. Neither the Mortgagor nor its predecessor-in-interest is named in the litigation, and the contract with primary contractor was not assumed by the Mortgagor in connection with its acquisition of the Mortgaged Property. The Mortgagor’s predecessor-in-interest has held back the retainage owed to the primary contractor (approximately $996,842) in escrow by a title company pursuant to an escrow agreement between the Mortgagor and its predecessor-in-interest, and such escrowed amount is required to be released to the primary contractor upon resolution of said dispute.
CO-LENDER AGREEMENT Dated as of September 13, 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 • November 9th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of September 13, 2023, is between DBR INVESTMENTS CO. LIMITED, an Exempted Company incorporated in the Cayman Islands (“DBRI”), having an address at 1 Columbus Circle, New York, New York 10019, as Note A-1 Holder, DBRI as Note A-2 Holder, DBRI as Note A-3 Holder, DBRI as Note A-4 Holder, DBRI as Note A-5-1 Holder, and DBRI as Note A-5-2 Holder.
