INFORMATION FURNISHED TO THE AGENT OR ANY BUYER BY SELLER AND
ITS AFFILIATES IN CONNECTION WITH THE AGENT'S OR SUCH BUYER'S INVESTIGATION OF
SUCH LOAN, WHETHER BEFORE OR AFTER THE DATE HEREOF, IS TRUE AND CORRECT IN ALL
MATERIAL RESPECTS AND DOES NOT OMIT ANY INFORMATION NECESSARY TO MAKE THE
STATEMENTS CONTAINED THEREIN NOT MISLEADING.
(SSS)
THERE IS NO ACTION, SUIT, LEGAL OR ARBITRATION PROCEEDING OR
ADMINISTRATIVE PROCEEDING OR INVESTIGATION PENDING OR, TO THE BEST OF SELLER'S
KNOWLEDGE, THREATENED AGAINST OR AFFECTING SUCH LOAN, ANY RELATED LOAN DOCUMENT,
THE RELATED BORROWER OR
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ANY RELATED COLLATERAL THAT HAVE A REASONABLE PROBABILITY OF HAVING A MATERIAL
ADVERSE EFFECT ON
SUCH LOAN OR THE RELATED MORTGAGED PROPERTY.
(TTT)
SELLER IS NOT SUBJECT TO ANY JUDGMENT, WRIT, DECREE, INJUNCTION OR
ORDER OF ANY FEDERAL, FOREIGN, STATE OR LOCAL COURT OR GOVERNMENTAL AUTHORITY
RELATING TO THE ACQUISITION, COLLECTION, ADMINISTRATION OR ENFORCEMENT OF SUCH
LOAN OR THE FORECLOSURE, ACQUISITION OR DISPOSITION OF ANY COLLATERAL RELATED
THERETO OR, IN EACH CASE, ANY TRANSACTIONS OR ACTIVITIES INCIDENTAL THERETO.
(UUU)
THE TRANSFER AND ASSIGNMENT OF SUCH LOAN, TOGETHER WITH ANY OTHER
LOAN, BY SELLER PURSUANT TO THIS AGREEMENT IS NOT SUBJECT TO THE BULK TRANSFER,
BULK SALES OR ANY SIMILAR STATUTORY PROVISIONS IN EFFECT IN ANY APPLICABLE
JURISDICTION.
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