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Does the requirement that all mortgage loans be fixed-rate loans preclude a one-time adjustment of the interest rate on a mortgage loan before the CMBS is issued?

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Does the requirement that all mortgage loans be fixed-rate loans preclude a one-time adjustment of the interest rate on a mortgage loan before the CMBS is issued?

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No. A loan that backs a newly issued CMBS is considered to be a fixed rate loan, notwithstanding any provision for a one-time adjustment of its interest rate, if (1) the interest rate is otherwise a fixed rate and (2) the adjustment is scheduled to occur prior to or simultaneously with the issuance of the newly issued CMBS.

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