At least One # Business Day prior to the Warehousing Advance Date, Borrower will send to Lender, for receipt before ​ (​ time) the following Business Day, the following:

Upon receipt of Borrower’s letter required under this [Section I], in form and substance satisfactory to Lender, Lender will issue its closing instructions letter to Borrower’s counsel and its escrow instructions letter to the settlement attorney involved with the transaction.

A sources and uses statement prepared by Borrower.

In the event Borrower self-funded the Mortgage Loan with unencumbered funds (herein a “Pre-funded Mortgage Loan”), then in alternative to clause I, 11 above, the original closing date of the Pre-funded Mortgage Loan.

For any Warehousing Advance relating to a Pre-funded Mortgage Loan, the following:

Actions Concerning Mortgage Loan. As of the date of origination and to the Seller’s knowledge as of the Cut-off Date, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any Mortgagor, guarantor, or Mortgagor’s interest in the Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect # such Mortgagor’s title to the Mortgaged Property, # the validity or enforceability of the Mortgage, # such Mortgagor’s ability to perform under the related Mortgage Loan, # such guarantor’s ability to perform under the related guaranty, # the principal benefit of the security intended to be provided by the Mortgage Loan documents or # the current principal use of the Mortgaged Property.

Original or facsimile of Lender’s closing instructions letter to Borrower’s attorney, countersigned by the attorney involved with transaction. The foregoing conditions shall not be applicable in the event the Warehousing Advance is to be used to reimburse Borrower for any Pre-funded Mortgage Loan.

On or before the Effective Date, establish the CPCA and fund the CPCA in an initial amount equal to the sum of # ​ plus # any proceeds from the Term Loan;

Review of Mortgage Loan File. With respect to any Mortgage Loan for which ​ has received the related Mortgage Loan File no later than ​ (New York time) (with respect to electronic deliveries) and ​ (New York time) (with respect to physical deliveries) two (2) Business Days prior to the related Purchase Date, ​ shall review the Mortgage Loan File in accordance with the applicable Review Procedures and shall include such Mortgage Loan on the ​ Loan Transmission and Exception Report that is delivered in accordance with [Section 4(b)] hereof.

Mortgage. Borrowers shall have executed and delivered the Mortgage to the Bank in multiple recordable form counterparts as reasonably required by the Bank.