Assignment of Interest in the Mortgage Loan Purchase Agreement. (a) The Seller hereby assigns to the Trustee all of its right, title and interest in the Mortgage Loan Purchase Agreement (but none of its obligations) insofar as such contract relates to the representations and warranties set forth in Exhibit C-1 hereto regarding the Mortgage Loans (including the substitution and repurchase obligations of BSMCC); provided that the obligations of BSMCC to substitute or repurchase a Mortgage Loan shall be the Trustee's and the Certificateholders' sole remedy for any breach thereof. At the request of the Trustee, the Seller shall take such actions as may be necessary to enforce the above right, title and interest on behalf of the Trustee and the Certificateholders or shall execute such further documents as the Trustee may reasonably require in order to enable the Trustee to carry out such enforcement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)
Assignment of Interest in the Mortgage Loan Purchase Agreement. (a) The Seller hereby assigns to the Trustee all of its right, title and interest in the Mortgage Loan Purchase Agreement (but none of its obligations) insofar as such contract relates to the representations and warranties set forth in Exhibit C-1 C hereto regarding the Mortgage Loans (including the substitution and repurchase obligations of BSMCC); provided that the obligations of BSMCC to substitute or repurchase a Mortgage Loan shall be the Trustee's and the Certificateholders' sole remedy for any breach thereof. At the request of the Trustee, the Seller shall take such actions as may be necessary to enforce the above right, title and interest on behalf of the Trustee and the Certificateholders or shall execute such further documents as the Trustee may reasonably require in order to enable the Trustee to carry out such enforcement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Assignment of Interest in the Mortgage Loan Purchase Agreement. (a) The Seller hereby assigns to the Trustee Trustee, on behalf of the Trust, all of its right, title and interest in the Mortgage Loan Purchase Agreement (but none of its obligations) insofar as such contract relates to the representations and warranties set forth in Exhibit C-1 C hereto regarding the Mortgage Loans (including the substitution and repurchase obligations of BSMCCBankUnited); provided that the obligations of BSMCC BankUnited to substitute or repurchase a Mortgage Loan shall be the Trustee's and the Certificateholders' Certificateholder's sole remedy for any breach thereof. At the request of the Trustee, the Seller shall take such actions as may be necessary to enforce the above right, title and interest on behalf of the Trustee and the Certificateholders or shall execute such further documents as the Trustee may reasonably require in order to enable the Trustee to carry out such enforcement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)