761 CMR 21.15
for Loans
EachMortgage Loan in which Seller sells a Loan Participation to MHMFA shall be a legal, valid
and binding obligation of the Borrower, enforceable in accordance with its terms and conditions and
free from any right of set-off, counter-claim or otherclaim, defense or security interest. Each Mortgage
Loan shall be properly acknowledged and duly recorded to perfect a first mortgage lien on a fee simple
in the real property covered thereby, which first mortgage lien is subject only to the liens of taxes or
assessments which are not delinquent, building restrictions or other restrictive covenants, conditions or
easements which do not in the opinion of Seller materially affect the security for the Mortgage Loan.
Borrower must not have an option under the Mortgage Loan to borrow from Seller additional funds
secured by the property without the consent of MHMFA.