Common use of Assumption Agreements Clause in Contracts

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mortgage Acceptance Corp), Pooling and Servicing Agreement (Renaissance Mortgage Acceptance Corp), Pooling and Servicing Agreement (Delta Funding Corp /De/)

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Assumption Agreements. When a (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be sold, whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer may permit an assumption if but only if the Servicer approves the creditworthiness of the assuming party in accordance with the Underwriting Guidelines. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer shallwill, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any the "due-on-sale" clause contained in the related Mortgage or Mortgage Noteapplicable thereto; provided, however, that the Servicer shall will not exercise any such right rights if prohibited by Applicable Requirements from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under Applicable Requirements to enforce such "due-on-sale" clause, the Servicer (unless otherwise required by law and in any event will notify the reasonable belief Owner of such requirement) will request the written permission of the ServicerPrimary Mortgage Insurer, is not enforceable if required to cause the coverage under applicable law. In such eventthe Primary Mortgage Insurance Policy to remain in full force and effect, and the Servicer shall enter Owner prior to entering into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable lawApplicable Requirements, the Mortgagor shall remain remains liable thereon. The In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance, the Lifetime Rate Cap (if applicable), the Gross Margin (if applicable), the Initial Rate Cap (if applicable) or the Periodic Rate Cap (if applicable) of the related Mortgage Note and the term of the Mortgage Loan may not be changed. If an assumption is allowed pursuant to this Section 5.1(a), the Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the prior consent of the Primary Mortgage LoansInsurer, if any, is also authorized to enter into a substitution of liability whereby such person agreement with the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. (b) The Servicer shall follow Acceptable Servicing Procedures (including underwriting standards) with respect to any such assumption or substitution of liability. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner or its designee the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, for all purposes, be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any . (c) For purposes of this Section 5.1, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeverliability agreement.

Appears in 13 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1), Servicing Agreement (GSR Mortgage Loan Trust 2006-10f)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Series 2002-3), Pooling and Servicing Agreement (Delta Financial Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shall, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the "exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any or if the Owner directs the Servicer to not accelerate the maturity of such Mortgage Loan. If the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The If an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures substantially similar to those used in connection with the origination of the Mortgage Loan. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 10 contracts

Samples: Reconstituted Servicing Agreement (HarborView Mortgage Loan Trust 2005-15), Servicing Agreement (HarborView 2007-2), Reconstituted Servicing Agreement (HarborView 2007-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shallThe Company will, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer Company shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief Company, with the approval of the ServicerPurchaser, is not enforceable under applicable law. In such event, the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The ServicerWhere an assumption is allowed pursuant to this Section 6.01, in accordance the Company, with accepted the prior consent of the Purchaser and the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Company shall follow the underwriting practices and procedures of the Company. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer Company shall notify the Trustee Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Purchaser the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Company for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanCompany. Notwithstanding the foregoing paragraph paragraphs of this Section or any other provision of this Agreement, the Servicer Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac2), Purchase, Warranties and Servicing Agreement (SACO I Trust 2006-5)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Master Servicer that any such substitution or assumption agreement has been completed by forwarding to the Indenture Trustee and the Master Servicer the original of such substitution or assumption agreement which original shall be added by the Indenture Trustee or its Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 9 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2006-3), Servicing Agreement (Renaissance Home Equity Loan Trust 2007-1), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-2)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shall, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The If an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow its underwriting practices and procedures. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shallThe Company will, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of the Mortgaged Property (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer Company shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any. If the Company reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief Company, with the approval of the ServicerPurchaser, is not enforceable under applicable law. In such event, the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The ServicerWhere an assumption is allowed pursuant to this Section 6.01, in accordance the Company, with accepted the prior consent of the Purchaser and the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Company shall follow the underwriting practices and procedures of the Company. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the amount of the Monthly Payment and the maturity date may not be changed (except pursuant to the terms of the Mortgage Note). If the credit of the proposed transferee does not meet such underwriting criteria, the Company diligently shall, to the extent permitted by the Mortgage or the Mortgage Note and by applicable law, accelerate the maturity of the Mortgage Loan. The Servicer Company shall notify the Trustee Purchaser that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Purchaser the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Company for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanCompany. Notwithstanding the foregoing paragraph paragraphs of this Section or any other provision of this Agreement, the Servicer Company shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer Company may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 8 contracts

Samples: Purchase, Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-Cl1)

Assumption Agreements. When a (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, may permit an assumption (i) if the Servicer reasonably believes it is unable under Applicable Requirements to the extent it has knowledge of enforce such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in or (ii) if the enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. In connection with any such assumption, the related Mortgage or Mortgage Note; providedInterest Rate, however, that the Servicer shall not exercise any such right if Unpaid Principal Balance and the "due-on-sale" clause, in the reasonable belief term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer's discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures (including underwriting standards) with respect to any such assumption or substitution of liability. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any . (c) For purposes of this Section 4.1, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeverliability agreement.

Appears in 7 contracts

Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (Banc of America Funding 2006-5 Trust), Servicing Agreement (Banc of America Funding 2006-6 Trust)

Assumption Agreements. When a (a) The Servicer shall use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that may permit an assumption (i) if the Servicer shall not exercise any reasonably believes it is unable under Applicable Requirements to enforce such right if the "due-on-sale" clause, in or (ii) if the reasonable belief enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance and the term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer's discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures with respect to any such assumption or substitution of liability (taking into account the applicable Seller's then current underwriting guidelines applicable to mortgage loans of the same type as the related Mortgage Loan). The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any . (c) For purposes of this Section 4.1, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeverliability agreement.

Appears in 6 contracts

Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns Asset Backed Securities Inc), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23), Servicing Agreement (Structured Asset Securities Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Master Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance of any Mortgaged Property by any Mortgagor (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, if any, applicable thereto; provided, however, that the Master Servicer shall not exercise any such rights if prohibited by law from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Insurance Policy or Limited Purpose Surety Bond, if any. If the Master Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, or if any of the other conditions set forth in the reasonable belief of proviso to the Servicer, is not enforceable under applicable law. In such eventpreceding sentence apply, the Master Servicer shall will enter into an assumption and modification agreement from or with the person to whom such property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Master Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor the Mortgagor and becomes liable under the Mortgage Note, provided that no such substitution shall be effective unless such person satisfies the underwriting criteria of the Master Servicer and has a credit risk rating at least equal to that of the original Mortgagor. In connection with any assumption or substitution, the Master Servicer shall apply such underwriting standards and follow such practices and procedures as shall be normal and usual in its general mortgage servicing activities and as it applies to other mortgage loans owned solely by it. The Master Servicer shall not take or enter into any assumption and modification agreement, however, unless (to the extent practicable in the circumstances) it shall have received confirmation, in writing, of the continued effectiveness of any applicable Primary Insurance Policy or hazard insurance policy, or a new policy meeting the requirements of this Section is obtained. Any fee collected by the Master Servicer in respect of an assumption or substitution of liability agreement will be retained by the Master Servicer as additional servicing compensation. In connection with any such assumption, no material term of the Mortgage Note (including but not limited to the related Loan Rate and the amount of the Monthly Payment) may be amended or modified, except as otherwise required pursuant to the terms thereof. The Master Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the executed original of such substitution or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or by the terms of the Mortgage Note or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever. For purposes of this Section 3.15, the term "assumption" is deemed to also include a sale (of the Mortgaged Property) subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (CDMC Mortgage Pass-Through Certificates Series 2003-1), Pooling and Servicing Agreement (Cendant Mortgage Capital LLC CDMC Mort Pas THR Ce Se 04 1), Pooling and Servicing Agreement (PHHMC Mortgage Pass-Through Certificates, Series 2005-2)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law. In such event, the Master Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Master Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage LoansAccepted Servicing Practices, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.13, the Master Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, provided that pursuant to which assumption agreement, such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereonthereon and, in connection with such assumption, no material term of the Mortgage Note may be changed. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.16, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Xxxxxx Xxx Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 4 contracts

Samples: Servicing Agreement (SACO I Trust 2006-6), Servicing Agreement (SACO I Trust 2006-7), Servicing Agreement (SACO I Trust 2006-8)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided, however, that if any such Mortgaged Property shall constitute a part of either Pool I or Pool IV, the Servicer must obtain the prior approval of the Certificate Insurer. The Servicer shall notify the Trustee (and, with respect to Pool III Mortgage Loans, the Co-Trustee and the Custodian and, with respect to Pool I or Pool IV Mortgage Loans, the Certificate Insurer, that any such substitution or assumption agreement has been completed by forwarding to the Trustee (and, with respect to the Pool III Mortgage Loans, the Custodian) the original of such substitution or assumption agreement and in the case of Pool I and Pool IV Mortgage Loans, a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee (and, with respect to the Pool III Mortgage Loans, the Custodian) to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, (i) the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.; and (ii) the Servicer shall not take any action which would adversely affect the coverage of an FHA Loan for insurance by the FHA under Title I.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (TMS Mortgage Inc), Pooling and Servicing Agreement (TMS Mortgage Inc), Pooling and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. When a Mortgaged Property has --------------------- been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp)

Assumption Agreements. When Subject to the provisions of the last paragraph of this Section 5.01, when a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee (and, with respect to the Home Improvement Loans, the Custodian) that any such substitution or assumption agreement has been completed by forwarding to the Trustee (and, with respect to the Home Improvement Loans, the Custodian) the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee (and, with respect to the Home Improvement Loans, the Custodian) to the related Mortgage Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.185.01, the Servicer shall not change the Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, (i) the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever; and (ii) the Servicer shall not take any action which would adversely affect the coverage of an FHA Loan for insurance by the FHA under Title I. Further, the Servicer may, in a manner consistent with its servicing practices, permit an Obligor who is selling his principal residence and purchasing a new residence to substitute the new mortgaged property as collateral for the related Mortgage Loan. In such circumstances, the Servicer acknowledges that it intends to, consistent with its servicing practices, generally require such Obligor to make a partial prepayment in reduction of the principal balance of the Mortgage Loan to the extent that such Obligor has received proceeds from the sale of the prior residence that will not be applied to the purchase of the new residence.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Depositors, the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (or to the Custodian on behalf of the Trustee) the original of such substitution or assumption agreement and a duplicate thereof to the Depositors and the Certificate Insurer, which original shall be added by the Trustee (or by the Custodian on behalf of the Trustee) to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. With respect to any mortgage loan secured by an interest in an Illinois Land Trust, if the Servicer receives notice of the sale of the beneficial interest in a Illinois Land Trust or the related Mortgaged Property by the holder of a First Lien secured thereby to a Person other than the Servicer, the Depositors or the Trustee, then, prior to distribution of any proceeds of such sale, the Servicer shall demand in writing that such holder of a First Lien pay the amount necessary to satisfy all indebtedness under the Mortgage Loan from the proceeds of such sale. If such holder of a First Lien so requests, the Servicer shall furnish reasonable proof of the Depositor's and Trustee's interest with respect to such proceeds. Unless and until the Servicer has received instruction otherwise from the Majority in Aggregate Voting Interest (with the consent of the Certificate Insurer) or from the Certificate Insurer, the Servicer shall, with respect to any such First Lien and the related Mortgage Loan, follow servicing standards consistent with those of prudent lending institutions in the geographic area where the Mortgaged Property is located, including the making of any appropriate Servicing Advances with respect thereto. In any event, the Servicer shall follow any instructions from the Majority in Aggregate Voting Interest with the consent of the Certificate Insurer or from the Certificate Insurer as soon as practicable following receipt thereof.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp), Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable enforce able under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Depositors, the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (or to the Custodian on behalf of the Trustee) the original of such substitution or assumption agreement and a duplicate thereof to the Depositors and the Certificate Insurer, which original shall be added by the Trustee (or by the Custodian on behalf of the Trustee) to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. With respect to any mortgage loan secured by an interest in an Illinois Land Trust, if the Servicer receives notice of the sale of the beneficial interest in a Illinois Land Trust or the related Mortgaged Property by the holder of a First Lien secured thereby to a Person other than the Servicer, the Depositors or the Trustee, then, prior to distribution of any proceeds of such sale, the Servicer shall demand in writing that such holder of a First Lien pay the amount necessary to satisfy all indebtedness under the Mortgage Loan from the proceeds of such sale. If such holder of a First Lien so requests, the Servicer shall furnish reasonable proof of the Depositor's and Trustee's interest with respect to such proceeds. Unless and until the Servicer has received instruction otherwise from the Majority in Aggregate Voting Interest (with the consent of the Certificate Insurer) or from the Certificate Insurer, the Servicer shall, with respect to any such First Lien and the related Mortgage Loan, follow servicing standards consistent with those of prudent lending institutions in the geographic area where the Mortgaged Property is located, including the making of any appropriate Servicing Advances with respect thereto. In any event, the Servicer shall follow any instructions from the Majority in Aggregate Voting Interest with the consent of the Certificate Insurer or from the Certificate Insurer as soon as practicable following receipt thereof.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp), Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Assumption Agreements. (a) When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, is authorized to the extent it has knowledge of such conveyance take or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement or other similar agreement from or with the person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant provided that (i) the Account Rate on, Monthly Payment and balance of such Account shall not be reduced, (ii) the term of the Account shall not be extended, (iii) there are either no unreimbursed advances for taxes and insurance on such Account following assumption or such advances are assumed and (iv) the Servicer shall not agree to which any other modification unless in the best judgment of the Servicer such person shall become liable under modification would not materially adversely affect the Mortgage Note and, unless prohibited by applicable law, collectibility or enforceability of the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to Accounts or the Mortgage Loans, is also authorized to enter into a substitution interests of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage NoteNoteholders. The Servicer shall notify the Trustee that any such substitution assumption agreement or assumption similar agreement has been completed by forwarding to the Trustee the original copy of such substitution or assumption agreement which original shall be added by the Trustee or similar agreement for addition to the related Mortgage File and shallAccount Documents. Any fee collected by the Servicer for entering into an assumption agreement or similar agreement shall be retained by the Servicer as additional servicing compensation. The Servicer shall use its reasonable best efforts to enter into an assumption agreement or other similar agreement; however, for all purposesif, be considered a part in connection with the conveyance of such Mortgage File Mortgaged Property, the continuation of liability of the original Obligor shall be impracticable, or if, in the opinion of the Servicer, the release of the liability of the original Obligor would not substantially impair the ability of the holder of the related Account to realize the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18full repayment of such Account, the Servicer shall not change may release the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date original Obligor from liability on such Mortgage LoanAccount so long as the new Obligor meets the underwriting standards which the Servicer is applying to similar transactions originated for its own account. Notwithstanding The Servicer shall notify the foregoing paragraph or any other provision of this Agreement, Trustee if the original Obligor is released from liability on such Account. (b) The Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder under this Agreement by reason of any assumption of a Mortgage Loan an Account by operation of law or any assumption or transfer of property subject to an Account which the Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever.

Appears in 3 contracts

Samples: Servicing Agreement (Mid-State Homes Inc), Servicing Agreement (Mid State Trust Vi), Servicing Agreement (Mid State Trust Vi)

Assumption Agreements. When a Mortgaged Property has been Developer shall not execute any deed conveying an interest in all or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity any portion of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedProject Site, however, that the Servicer and shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for transfer all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision portion of its interest in this Agreement, the Servicer ENA, the DDA or the Project, unless (i) Developer and the relevant Developer Successor have executed an assumption agreement (a “ Assumption Agreement”) governing conveyance of such interest in the Project, (ii) the Assumption Agreement requires Developer Successor to assume all Applicable Requirements with respect to the interest in the Project Site being acquired (provided, that any Developer Successor that acquires all or substantially all of Developer’s interest in the Project Site, and any Developer Successor which is a party to the DDA or the ENA, must assume all of Developer’s obligations under this Agreement, and shall not have such financial resources as shall be deemed reasonably sufficient to be perform obligations of Developer under Sections 2.2 and 3.2 hereof), (iii) such Assumption Agreement includes the requirements contained in defaultthis Agreement as a material term therein, breach or (iv) such Assumption Agreement provides that such requirements are enforceable by any other violation of its Lead Organization as intended third party beneficiaries, specifically, that Lead Organizations shall have the same rights to enforce such assumed obligations hereunder by reason against such Developer Successor as Lead Organizations had against Developer prior to execution of any assumption Assumption and Agreement, and (v) in the case of the Transfer of all or substantially all of Developer’s obligations under Section 2.2 or 3.2 hereof, Developer Successor shall have such financial resources as shall be reasonably sufficient to perform the obligations of Developer that are being so Transferred. Thirty (30) days prior to the execution by any entity of any Assumption Agreement, Developer shall deliver to Lead Organizations a Mortgage Loan copy of each such Assumption Agreement. Prior to the execution of any Assumption Agreements between Developer and any Developer Successor, Developer and Lead Organizations shall also meet and confer regarding such agreements to confirm the mechanism by operation which Developer Successor shall assume all obligations of law or Developer pursuant to this Agreement in order to ensure that this Agreement is implemented by any assumption which Developer Successor as intended by the Servicer may be restricted by law from preventingParties. Upon execution of any such Assumption Agreements, for any reason whatsoeverDeveloper shall deliver an executed copy thereof to Lead Organizations.

Appears in 3 contracts

Samples: Core Community Benefits Agreement, Core Community Benefits Agreement, Core Community Benefits Agreement

Assumption Agreements. When a Mortgaged Property or Manufactured Home has been or is about to be conveyed by the Mortgagor, the Servicer shallObligor, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall authorized to enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which either (i) such person shall become liable under the Contract or Mortgage Note andand related Mortgage, unless prohibited by applicable law, and the Mortgagor Obligor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby thereon or (ii) such person is substituted as mortgagor Obligor and becomes liable under the Contract or Mortgage NoteNote and related Mortgage. The Servicer shall notify the Indenture Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Servicer shall not change the Loan Receivable Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanReceivable. Any fee collected by the Servicer for consenting to such conveyance or entering into such modification shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan Receivable by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Oakwood Homes Corp), Sale and Servicing Agreement (Oakwood Homes Corp)

Assumption Agreements. When a (a) The Servicer shall use Acceptable Servicing Procedures to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that may permit an assumption (i) if the Servicer shall not exercise any reasonably believes it is unable under Applicable Requirements to enforce such right if the "due-on-sale" clause, in or (ii) if the reasonable belief enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or LPMI Policy, if any. In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance and the term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer's discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures with respect to any such assumption or substitution of liability (taking into account the Servicer's then current underwriting guidelines applicable to mortgage loans of the same type as the related Mortgage Loan). The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Fxxxxx Mxx Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB)

Assumption Agreements. When a (a) The Servicer shall use its best efforts to enforce any “due-on-sale” provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, may permit an assumption (i) if the Servicer reasonably believes it is unable under Applicable Requirements to the extent it has knowledge of enforce such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in ” clause, or (ii) if the enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. In connection with any such assumption, the related Mortgage or Mortgage Note; providedInterest Rate, however, that the Servicer shall not exercise any such right if Unpaid Principal Balance and the "due-on-sale" clause, in the reasonable belief term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer’s discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures with respect to any such assumption or substitution of liability (taking into account the applicable Seller’s then current underwriting guidelines applicable to mortgage loans of the same type as the related Mortgage Loan). The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any . (c) For purposes of this Section 4.1, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeverliability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7), Servicing Agreement (Lehman Mortgage Trust 2007-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee (and, with respect to Pool III Mortgage Loans, the Co-Trustee and the Custodian) and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (and, with respect to the Pool III Mortgage Loans, the Custodian) the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee (and, with respect to the Pool III Mortgage Loans, the Custodian) to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, (i) the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.; and (ii) the Servicer shall not take any action which would adversely affect the coverage of an FHA Loan for insurance by the FHA under Title I.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Money Store Trust 1996-C), Pooling and Servicing Agreement (Money Store Trust 1996-D)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the a Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law, or (ii) the Servicer, in a manner consistent with reasonable commercial practice, permits the purchaser of the related Mortgaged Property to assume the Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized authorized, with the prior approval of the Certificate Insurer, to enter into a substitution of liability whereby agreement with such person is and such person will be substituted as mortgagor and becomes become liable under the Mortgage Note; provided, however, that the Servicer shall have no liability under this Section 3.19 if the Certificate Insurer fails to respond to notice by the Servicer of a proposed substitution within two (2) Business Days of receipt thereof by the Certificate Insurer; provided, that the Servicer acts in accordance with the servicing standards set forth in this Agreement. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.19, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach of, or in any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Lehman Home Equity Loan Trust 2004-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the such Servicer shall, at its option, to the extent it has knowledge of such conveyance or prospective conveyance, either (i) exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the such Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the such Servicer, is not enforceable under applicable law. In law or if such eventenforcement would materially increase the risk of default or delinquency on, or materially decrease the Servicer shall security for, such Loan, or (ii) enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Underlying Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor Obligor shall remain liable thereon. The Such Servicer may enter into an assumption agreement with the transferee only if (a) the transferee qualifies for credit under the customary credit policies of such Servicer, (b) an officer of such Servicer has examined and approved all instruments as are necessary to carry out the assumption transaction and approved such instruments as to form and substance, (c) the execution and delivery of such instruments by all necessary parties will not cause the unpaid principal balance and any accrued interest thereon for the Loan to be uncollectible in accordance with accepted mortgage loan servicing standards whole or in part, and (d) upon closing the assumption transaction (i) the Mortgage will continue to be a first lien upon the Mortgaged Property, and (ii) the Loan Rate and Monthly Payment for mortgage loans similar the Loan will not be changed nor will the term of the Note be extended or shortened. For each proposed assumption transaction, such Servicer shall deliver an Officer's Certificate to the Mortgage Loans, Trustee certifying that each of the applicable requirements specified in the immediately preceding sentence have been satisfied together with the assumption instruments requiring execution by the Trustee. Such certificate shall also indicate whether the seller/transferor of the Mortgaged Property will be released from liability on the Loan and that such Servicer has made a good faith determination that any such release will not adversely affect the collectibility of the Loan. Such Servicer shall perform substantially the same level of due diligence with respect to the transferee as was performed on the seller/transferor in connection with the origination of the Loan and shall release the seller/transferor from liability only if any applicable Law requires that the transferor-Obligor be released from liability on the Loan or such Servicer has made a good faith determination that the applicable requirements set forth above have been satisfied. Such Servicer is also authorized with the prior approval of the Trustee to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Underlying Note. The Such Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with Any fee collected by such Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement entered into pursuant shall be retained by or paid to this Section 3.18, the such Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loanas additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the such Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the such Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Servicing Agreement (PMC Capital Inc), Servicing Agreement (PMC Capital Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law. In such event, the The Master Servicer shall to the extent it has knowledge of such conveyance or prospective conveyance, be authorized to enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Master Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Trustee Trust Administrator that any such substitution or assumption agreement has been completed by forwarding to the Trustee Trust Administrator the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Trust Administrator to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Master Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or amount, extend the final maturity date on such Mortgage LoanLoan or otherwise modify the Mortgage Loan in such a manner as to constitute a "significant modification" under the Code or cause the REMIC created hereunder to fail to qualify as a REMIC under the Code. Any fee collected by the Master Servicer for consenting to such conveyance or entering into such modification shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1), Pooling and Servicing Agreement (American General MRT Ln Asst BCKD Ps THR CRTS Sr 2003-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Securities Administrator that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Funding Home Equity Loan Tr 1999-2 Home Equ Loan Ass B), Pooling and Servicing Agreement (Delta Funding Home Equity Loan Tr 99-3 Home Eq as Bk Se 99-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the "exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable State law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Xxxxxx Xxx Guide or of the Xxxxxxx Mac Guide related to “A”-quality mortgage loans. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note, the amount of the Monthly Payment, and the final maturity date may not be changed. In addition, for ARM Loans, in no event shall the Index, Margin, Periodic Rate Cap, Adjustment Date, Lifetime Rate Cap or minimum rate be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term “assumption” is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Servicing Agreement (MASTR Alternative Loan Trust 2006-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, provided that pursuant to which assumption agreement, such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereonthereon and, in connection with such assumption, no material term of the Mortgage Note may be changed. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.16, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1), Sale and Servicing Agreement (Indymac MBS Inc)

Assumption Agreements. When a (a) The Servicer will use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, may permit an assumption (i) if the Servicer reasonably believes it is unable under Applicable Requirements to the extent it has knowledge of enforce such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in or (ii) if the enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. In connection with any such assumption, the related Mortgage or Mortgage Note; providedInterest Rate, however, that the Servicer shall not exercise any such right if Unpaid Principal Balance and the "due-on-sale" clause, in the reasonable belief term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer is authorized, at the Servicer's discretion, which shall enter into an assumption and modification agreement with be in the person best interests of the Owner, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided that the Servicer shall enter into such substitution of liability agreement only if the purchaser of the Mortgaged Property satisfies the underwriting criteria of the applicable Seller then in effect and has a credit risk rating at least equal to that of the original Mortgagor. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement, the entire amount of such fee may be retained by the Servicer as additional servicing compensation. The Servicer shall be responsible for recording any assumption or substitution of liability agreement. (b) The Servicer shall follow Acceptable Servicing Procedures (including underwriting standards) with respect to any such assumption or substitution of liability. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any . (c) For purposes of this Section 4.1, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeverliability agreement.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Master Servicer that any such substitution or assumption agreement has been completed by forwarding to the Indenture Trustee and the Master Servicer the original of such substitution or assumption agreement which original shall be added by the Indenture Trustee or its Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2005-1), Servicing Agreement (Renaissance Mortgage Acceptance Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the a Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law, or (ii) the Servicer, in a manner consistent with reasonable commercial practice, permits the purchaser of the related Mortgaged Property to assume the Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized authorized, with the prior approval of the Certificate Insurer, to enter into a substitution of liability whereby agreement with such person is and such person will be substituted as mortgagor and becomes become liable under the Mortgage Note; provided, however, that the Servicer shall have no liability under this Section 3.19 if the Certificate Insurer fails to respond to notice by the Servicer of a proposed substitution within two (2) Business Days of receipt thereof by the Certificate Insurer, provided that the Servicer acts in accordance with the servicing standards set forth in this Agreement. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.19, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach of, or in any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Lehman Abs Corp), Pooling and Servicing Agreement (Structured Asset Securities Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding completed, and forward to the Indenture Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Indenture Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Fleet Home Equity Loan Corp), Sale and Servicing Agreement (Bond Securitization LLC)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, at its option, to the extent it has knowledge of such conveyance or prospective conveyance, either (i) exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the such Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the such Servicer, is not enforceable under applicable law. In law or if such eventenforcement would materially increase the risk of default or delinquency on, or materially decrease the Servicer shall security for, such Loan, or (ii) enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Underlying Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor Obligor shall remain liable thereon. The Such Servicer may enter into an assumption agreement with the transferee only if (a) the transferee qualifies for credit under the customary credit policies of such Servicer, (b) an officer of such Servicer has examined and approved all instruments as are necessary to carry out the assumption transaction and approved such instruments as to form and substance, (c) the execution and delivery of such instruments by all necessary parties will not cause the unpaid principal balance and any accrued interest thereon for the Loan to be uncollectible in accordance with accepted mortgage loan servicing standards whole or in part, and (d) upon closing the assumption transaction (i) the Mortgage will continue to be a first lien upon the Mortgaged Property, and (ii) the Loan Rate and Monthly Payment for mortgage loans similar the Loan will not be changed nor will the term of the Note be extended or shortened. For each proposed assumption transaction, such Servicer shall deliver an Officer's Certificate to the Mortgage Loans, Trustee certifying that each of the applicable requirements specified in the immediately preceding sentence have been satisfied together with the assumption instruments requiring execution by the Trustee. Such certificate shall also indicate whether the seller/transferor of the Mortgaged Property will be released from liability on the Loan and that such Servicer has made a good faith determination that any such release will not adversely affect the collectibility of the Loan. Such Servicer shall perform substantially the same level of due diligence with respect to the transferee as was performed on the seller/transferor in connection with the origination of the Loan and shall release the seller/transferor from liability only if any applicable Law requires that the transferor-Obligor be released from liability on the Loan or such Servicer has made a good faith determination that the applicable requirements set forth above have been satisfied. Each Servicer is also authorized with the prior approval of the Trustee to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Underlying Note. The Such Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with Any fee collected by such Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement entered into pursuant shall be retained by or paid to this Section 3.18, the such Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loanas additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the such Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the such Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Servicing Agreement (PMC Capital Inc), Servicing Agreement (PMC Capital Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Master Servicer that any such substitution or assumption agreement has been completed by forwarding to the Trustee Trustee, the Custodian and the Master Servicer the original of such substitution or assumption agreement which original shall be added by the Trustee or its Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Funding Corp /De/)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Master Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance of any Mortgaged Property by any Mortgagor (whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any the "due-due- on-sale" clause contained in the related Mortgage or Mortgage Noteclause, if any, applicable thereto; provided, however, that the Master Servicer shall not exercise any such right rights if prohibited by law from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Insurance Policy or Limited Purpose Surety Bond, if any. If the Master Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, or if any of the other conditions set forth in the reasonable belief of proviso to the Servicer, is not enforceable under applicable law. In such eventpreceding sentence apply, the Master Servicer shall will enter into an assumption and modification agreement from or with the person to whom such property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Master Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor the Mortgagor and becomes liable under the Mortgage Note, provided that no such substitution shall be effective unless such person satisfies the underwriting criteria of the Master Servicer and has a credit risk rating at least equal to that of the original Mortgagor. In connection with any assumption or substitution, the Master Servicer shall apply such underwriting standards and follow such practices and procedures as shall be normal and usual in its general mortgage servicing activities and as it applies to other mortgage loans owned solely by it. The Master Servicer shall not take or enter into any assumption and modification agreement, however, unless (to the extent practicable in the circumstances) it shall have received confirmation, in writing, of the continued effectiveness of any applicable Primary Insurance Policy or hazard insurance policy, or a new policy meeting the requirements of this Section is obtained. Any fee collected by the Master Servicer in respect of an assumption or substitution of liability agreement will be retained by the Master Servicer as additional servicing compensation. In connection with any such assumption, no material term of the Mortgage Note (including but not limited to the related Loan Rate and the amount of the Monthly Payment) may be amended or modified, except as otherwise required pursuant to the terms thereof. The Master Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the executed original of such substitution or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or by the terms of the Mortgage Note or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever. For purposes of this Section 3.15, the term "assumption" is deemed to also include a sale (of the Mortgaged Property) subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CDMC Mortgage Pass-Through Certificates, Series 2004-4)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Trustee to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Underlying Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement entered into pursuant shall be retained by or paid to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loanas additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (PMC Capital Inc)

Assumption Agreements. When a (a) The Servicer shall use commercially reasonable efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that may permit an assumption (i) if the Servicer shall not exercise any reasonably believes it is unable under Applicable Requirements to enforce such right if the "due-on-sale" clause, in or (ii) if the reasonable belief enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance and the term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer’s discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures with respect to any such assumption or substitution of liability (taking into account the applicable Seller’s then current underwriting guidelines applicable to mortgage loans of the same type as the related Mortgage Loan). The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (Zuni 2006-Oa1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Fxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Note Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Note Insurer that any such substitution or assumption agreement has been completed by forwarding to the Indenture Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Note Insurer, which original shall be added by the Indenture Trustee to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Master Servicer that any such substitution or assumption agreement has been completed by forwarding to the Trustee and the Master Servicer the original of such substitution or assumption agreement which original shall be added by the Trustee or its Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee Indenture Trustee, the Depositor and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.16, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Terwin Securitization LLC)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable enforce able under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Depositors, the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (or to the Custodian on behalf of the Trustee) the original of such substitution or assumption agreement and a duplicate thereof to the Depositors and the Certificate Insurer, which original shall be added by the Trustee (or by the Custodian on behalf of the Trustee) to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or 134 substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. With respect to any mortgage loan secured by an interest in an Illinois Land Trust, if the Servicer receives notice of the sale of the beneficial interest in a Illinois Land Trust or the related Mortgaged Property by the holder of a First Lien secured thereby to a Person other than the Servicer, the Depositors or the Trustee, then, prior to distribution of any proceeds of such sale, the Servicer shall demand in writing that such holder of a First Lien pay the amount necessary to satisfy all indebtedness under the Mortgage Loan from the proceeds of such sale. If such holder of a First Lien so requests, the Servicer shall furnish reasonable proof of the Depositor's and Trustee's interest with respect to such proceeds. Unless and until the Servicer has received instruction otherwise from the Majority in Aggregate Voting Interest (with the consent of the Certificate Insurer) or from the Certificate Insurer, the Servicer shall, with respect to any such First Lien and the related Mortgage Loan, follow servicing standards consistent with those of prudent lending institutions in the geographic area where the Mortgaged Property is located, including the making of any appropriate Servicing Advances with respect thereto. In any event, the Servicer shall follow any instructions from the Majority in Aggregate Voting Interest with the consent of the Certificate Insurer or from the Certificate Insurer as soon as practicable following receipt thereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Mortgage Note do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.185.11, the Servicer shall not change the Loan Mortgage Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Fannie Mae Guide. With respect to an assumption or substitution of xxxxxxity, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)

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Assumption Agreements. When a Mortgaged Property has been --------------------- or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Firstplus Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided that if the Certificate Insurer does not respond within five Business Days after its approval has been requested in writing by the Servicer, then the Certificate Insurer shall be deemed to have approved the substitution of liability. The Servicer shall notify the Trustee Depositor, the Trustee, the NIMS Insurer and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (or to the Custodian on behalf of the Trustee) the original of such substitution or assumption agreement and a duplicate thereof to the Depositor, the NIMS Insurer and the Certificate Insurer, which original shall be added by the Trustee (or by the Custodian on behalf of the Trustee) to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any 117 assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the The Servicer shallwill, to the extent it has knowledge of such any conveyance or prospective conveyanceconveyance by any Mortgagor of a Mortgaged Property (whether by absolute conveyance or by contract of, sale, and whether or not the Mortgagor remains or is to remain liable under the Mortgage Note and/or the Mortgage), exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "due-on-sale" clause contained in to the related Mortgage or Mortgage Noteextent permitted by law; provided, however, that the Servicer shall not exercise any such right rights if prohibited by law or the terms of the Mortgage Note from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any. If the Servicer reasonably believes it is unable under applicable law to enforce such "due-on-sale" clause, in the reasonable belief of the Servicer, is with the approval of the Owner (such approval not enforceable under applicable law. In such eventto be unreasonably withheld), the Servicer shall will enter into an assumption and modification agreement with the person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The Where an assumption is allowed pursuant to this Section 6.01, the Servicer, in accordance with accepted the prior consent of the primary mortgage loan servicing standards for mortgage loans similar to the Mortgage Loansinsurer, if any, is also authorized to enter into a substitution of liability whereby agreement with the person to whom the Mortgaged Property has been conveyed or is proposed to be conveyed pursuant to which the original mortgagor is released from liability and such person Person is substituted as mortgagor and becomes liable under the related Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. In connection with any such assumption or substitution of liability, the Servicer shall follow the underwriting practices and procedures of the Xxxxxx Mae Guide. With respect to an assumption or substitution of liability, the Mortgage Interest Rate borne by the related Mortgage Note and the amount of the Monthly Payment may not be changed. The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee Owner the original of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage File Loan Documents and shall, for all purposes, be considered a part of such Mortgage File related mortgage file to the same extent as all other documents and instruments constituting a part thereof. In connection with any All fees collected by the Servicer for entering into an assumption or substitution of liability agreement entered into pursuant shall belong to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage LoanServicer. Notwithstanding the foregoing paragraph paragraphs of this section or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever. For purposes of this Section 6.01, the term "assumption" is deemed to also include a sale of the Mortgaged Property subject to the Mortgage that is not accompanied by an assumption or substitution of liability agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2007-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Underlying Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain Obligor remains liable thereon, provided that the Servicer may enter into an assumption agreement with the transferee and release the transferor-Obligor from liability only if (a) the transferee qualifies for credit under the customary credit policies of the Servicer, (b) any applicable Law requires that the transferor-Obligor be released from liability on the Loan, (c) an officer of the Servicer has examined and approved all instruments as are necessary to carry out the assumption transaction and approved such instruments as to form and substance, (d) the execution and delivery of such instruments by all necessary parties will not cause the unpaid principal balance and any accrued interest thereon for the Loan to be uncollectible in whole or in part, and (e) upon closing the assumption transaction (i) the Mortgage will continue to be a first lien upon the Mortgaged Property, and (ii) the Loan Rate and Monthly Payment for the Loan will not be changed nor will the term of the Note be extended. For each proposed assumption transaction, the Servicer shall deliver an Officer's Certificate to the Trustee certifying that each of the applicable requirements specified in the immediately preceding sentence have been satisfied together with the assumption instruments requiring execution by the Trustee. Such certificate shall also indicate whether the seller/transferor of the Mortgaged Property will be released from liability on the Loan and that the Servicer has made a good faith determination that any such release will not adversely affect the collectibility of the Loan. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Trustee to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Underlying Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement entered into pursuant shall be retained by or paid to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loanas additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (PMC Capital Inc)

Assumption Agreements. When a Mortgaged Property has been --------------------- or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Home Equity Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable lawlaw or, in the commercially reasonable judgment of the Master Servicer, such conveyance would not be materially adverse to the interests of the Certificateholders or the Certificate Insurer. In such event, the The Master Servicer shall to the extent it has knowledge of such conveyance or prospective conveyance, be authorized to enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Master Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Home Equity Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Master Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Equity Loan. Any fee collected by the Master Servicer for consenting to such conveyance or entering into such modification shall be retained by or paid to the Master Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Equity Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Home Eq Ln as Bk Cer Ser 1999-2)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, at its option, to the extent it has knowledge of such conveyance or prospective conveyance, either (i) exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In law or if such eventenforcement would materially increase the risk of default or delinquency on, or materially decrease the Servicer shall security for, such Loan, or (ii) enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Underlying Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor Obligor shall remain liable thereon. The Servicer may enter into an assumption agreement with the transferee only if (a) the transferee qualifies for credit under the customary credit policies of the Servicer, (b) an officer of the Servicer has examined and approved all instruments as are necessary to carry out the assumption transaction and approved such instruments as to form and substance, (c) the execution and delivery of such instruments by all necessary parties will not cause the unpaid principal balance and any accrued interest thereon for the Loan to be uncollectible in accordance with accepted mortgage loan servicing standards whole or in part, (d) such assumption will not cause the related Mortgage Loan to cease to be an Eligible Mortgage Loan; or cause the Aggregate Principal to exceed the Borrowing Base due to additional Excess Concentration Amounts or otherwise, and (e) upon closing the assumption transaction (i) the Mortgage will continue to be a first lien upon the Mortgaged Property, and (ii) the Loan Rate and Monthly Payment for mortgage loans similar the related Loan will not be changed nor will the term of the Note be extended or shortened. For each proposed assumption transaction, the Servicer shall deliver an Officer's Certificate to the Mortgage Loans, Agent certifying that each of the applicable requirements specified in the immediately preceding sentence have been satisfied together with the assumption instruments requiring execution by the Agent. Such certificate shall also indicate whether the seller/transferor of the Mortgaged Property will be released from liability on the Loan and that the Servicer has made a good faith determination that any such release will not adversely affect the collectibility of the Loan. The Servicer shall perform substantially the same level of due diligence with respect to the transferee as was performed on the seller/transferor in connection with the origination of the Loan and shall release the seller/transferor from liability only if any applicable Law requires that the seller/transferor be released from liability on the Loan or the Servicer has made a good faith determination that the applicable requirements set forth above have been satisfied. The Servicer is also authorized with the prior approval of the Agent to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Underlying Note. The Servicer shall notify the Trustee Agent that any such substitution or assumption agreement has been completed by forwarding to the Trustee and the original of such substitution or assumption agreement which original agreement, shall be added by the Trustee Servicer to the related Mortgage appropriate Loan File and shall, for all purposes, be considered a part of such Mortgage Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement entered into pursuant shall be retained by or paid to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loanas additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (PMC Commercial Trust /Tx)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee Certificate Administrator and the Trustee, that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian (who shall forward it to the Certificate Administrator and the Trustee) the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-on- sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. When a Mortgaged Property has --------------------- been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such -------- ------- right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law. In such event, the Master Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Master Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In Except as otherwise provided in Section 3.01(j), in connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Master Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Bank)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "dueDue-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on- sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Firstplus Financial Group Inc)

Assumption Agreements. (a) When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, is authorized to the extent it has knowledge of such conveyance take or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement or other similar agreement from or with the person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which provided that (i) the interest rate on, Monthly Payment and balance of such person Mortgage Loan shall become liable under not be reduced, (ii) the term of the Mortgage Note andLoan shall not be extended, (iii) there are either no unreimbursed advances for taxes and insurance on such Mortgage Loan following assumption or such advances are assumed and (iv) the Servicer shall not agree to any other modification unless prohibited by applicable law, in the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to best judgment of the Servicer such modification would not materially adversely affect the collectability or enforceability of the Mortgage Loans, is also authorized to enter into a substitution Loans or the interests of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage NoteNoteholders. The Servicer shall notify the Indenture Trustee that any such substitution assumption agreement or assumption similar agreement has been completed by forwarding to the Indenture Trustee the original copy of such substitution or assumption agreement which original shall be added by the Trustee or similar agreement for addition to the related Mortgage File and shallAsset Documents. Any fee collected by the Servicer for entering into an assumption agreement or similar agreement shall be retained by the Servicer as additional servicing compensation. The Servicer shall use its reasonable best efforts to enter into an assumption agreement or other similar agreement; however, for all purposesif, in connection with the conveyance of such Mortgaged Property, the continuation of liability of the original Obligor shall be considered a part impracticable, or if, in the opinion of the Servicer, the release of the liability of the original Obligor would not substantially impair the ability of the holder of the related Mortgage Loan to realize the full repayment of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Loan, the Servicer may release the original Obligor from liability on such Mortgage Loan so long as the new Obligor meets the underwriting standards which the Servicer is applying to similar transactions originated for its own account. The Servicer shall not change notify the Loan Rate or Indenture Trustee if the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date original Obligor is released from liability on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the . (b) The Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder under this Agreement by reason of any assumption of a Mortgage Loan by operation of law or any assumption or transfer of property subject to a Mortgage Loan which the Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever.

Appears in 1 contract

Samples: Servicing Agreement (Mid State Capital Corp)

Assumption Agreements. The Servicer will enforce any “due-on-sale” provision contained in any Mortgage or Mortgage Note; provided that, subject to the Purchaser’s prior approval, the Servicer shall permit such assumption if so required in accordance with the terms of the Mortgage or the Mortgage Note. When a the Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shallwill, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related such Mortgage Loan under any "the “due-on-sale" clause contained in the related Mortgage or Mortgage Noteapplicable thereto; provided, however, that the Servicer shall will not exercise any such right rights if prohibited by law from doing so or if the "exercise of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy, if any, or if the exercise of such rights would impair or threaten to impair any recovery under the related MIC or LGC. If Servicer reasonably believes it is unable under applicable law to enforce such “due-on-sale" clause, Servicer shall, unless instructed otherwise in writing by the reasonable belief Purchaser within three (3) Business Days of the Purchaser’s receipt of notice from Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person Person to whom such property the Mortgaged Property has been conveyed or is about proposed to be conveyed, pursuant to which such person shall become Person becomes liable under the Mortgage Note and, unless prohibited to the extent permitted by applicable state law, the Mortgagor shall remain remains liable thereon. The ServicerIn connection with any such assumption, in accordance with accepted mortgage loan servicing standards Servicer shall follow the underwriting practices and procedures employed by Servicer for mortgage loans similar to originated by Servicer for its own account in effect at the time such assumption or substitution was made. In connection with any such assumption, the outstanding principal amount, the Monthly Payment, the Mortgage LoansInterest Rate, the Lifetime Rate Cap (if applicable), the Gross Margin (if applicable), the Initial Rate Cap (if applicable) or the Periodic Rate Cap (if applicable) of the related Mortgage Note shall not be changed, and the term of the Mortgage Loan will not be increased or decreased. If an assumption is allowed pursuant to this Subsection 10.18, the Servicer with the prior consent of the issuer of the Primary Mortgage Insurance Policy, if any, is also authorized to enter into a substitution of liability whereby such person agreement with the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law. In such event, the Master Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Master Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In Except as otherwise provided in Section 3.01(f), in connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Master Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Bank)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Note do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Trustee's Mortgage Loan File and shall, for all purposes, be considered a part of such Trustee's Mortgage Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Mortgage Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Remodelers Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the a Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Servicer shall not exercise any such right if (i) the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law, or (ii) the Servicer, in a manner consistent with reasonable commercial practice, permits the purchaser of the related Mortgaged Property to assume the Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized authorized, with the prior approval of the Note Insurer, to enter into a substitution of liability whereby agreement with such person is and such person will be substituted as mortgagor and becomes become liable under the Mortgage Note; PROVIDED, HOWEVER, that the Servicer shall have no liability under this Section 3.19 if the Note Insurer fails to respond to notice by the Servicer of a proposed substitution within two (2) Business Days of receipt thereof by the Note Insurer; PROVIDED, that the Servicer acts in accordance with the servicing standards set forth in this Agreement. The Servicer shall notify the Indenture Trustee and the Note Insurer that any such substitution or assumption agreement has been completed by forwarding to the Indenture Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Note Insurer, which original shall be added by the Indenture Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.19, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach of, or in any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (Home Loan Mortgage Loan Trust 2004-2)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Underlying Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Underlying Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain Obligor remains liable thereon, provided that the Servicer may enter into an assumption agreement with the transferee and release the transferor-Obligor from liability only if (a) the transferee qualifies for credit under the customary credit policies of the Servicer, (b) any applicable Law requires that the transferor-Obligor be released from liability on the Loan, (c) an officer of the Servicer has examined and approved all instruments as are necessary to carry out the assumption transaction and approved such instruments as to form and substance, (d) the execution and delivery of such instruments by all necessary parties will not cause the unpaid principal balance and any accrued interest thereon for the Loan to be uncollectible in whole or in part, and (e) upon closing the assumption transaction (i) the Mortgage will continue to be a first lien upon the Mortgaged Property, and (ii) the Loan Rate and Monthly Payment for the Loan will not be changed nor will the term of the Note be extended or shortened. For each proposed assumption transaction, the Servicer shall deliver an Officer's Certificate to the Trustee certifying that each of the applicable requirements specified in the immediately preceding sentence have been satisfied together with the assumption instruments requiring execution by the Trustee. Such certificate shall also indicate whether the seller/transferor of the Mortgaged Property will be released from liability on the Loan and that the Servicer has made a good faith determination that any such release will not adversely affect the collectibility of the Loan. The Servicer, in accordance Servicer shall perform substantially the same level of due diligence with accepted mortgage loan servicing standards for mortgage loans similar respect to the Mortgage Loans, transferee as was performed on the seller/transferor in connection with the origination of the Loan. The Servicer is also authorized with the prior approval of the Trustee to enter into a substitution of liability whereby agreement with such transferee, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.the

Appears in 1 contract

Samples: Servicing Agreement (PMC Capital Inc)

Assumption Agreements. When In any case in which a Mortgaged Property has been or is about to be conveyed by the related Mortgagor, whether by absolute conveyance, contract of sale or otherwise, and whether or not such Mortgagor remains liable thereon, and the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right the Master Servicer shall effect assumptions in accordance with the terms of any due-on-sale provision contained in the related Mortgage Documents. The Master Servicer shall enforce any due-on-sale provision contained in such Mortgage Documents to accelerate the maturity extent the requirements thereunder for an assumption of the related Mortgage Loan have not been satisfied, to the extent permitted by such Mortgage Documents, unless such provision is not exercisable under applicable law or governmental regulations or, in the Master Servicer's judgment, such exercise is reasonably likely to result in legal action by such Mortgagor, or such conveyance is in connection with a permitted assumption of such Mortgage Loan. The Master Servicer shall be entitled to (i) execute assumption agreements, substitution agreements and instruments of satisfaction or cancellation or of partial or full release or discharge, or any "due-on-sale" clause contained other document contemplated by this Agreement or other comparable instruments with respect to the Mortgage Loans and the related Mortgaged Properties, and (ii) approve the granting of an easement on Mortgaged Property in favor of another Person, any alteration or demolition of such Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage or Mortgage Note; provided, howeverLoan, that the Servicer shall security for, and the timely and full collection of, such Mortgage Loan would not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereonadversely affected thereby. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Master Servicer shall notify the Trustee Purchaser that any such assumption or substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original copy of such assumption or substitution or assumption agreement agreement, which original the Custodian shall be added by the Trustee add to the related Mortgage File and which shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with The Master Servicer shall retain as servicing compensation any fee collected by the Master Servicer for entering into an assumption or substitution agreement entered into of liability agreement. A partial release pursuant to this Section 3.18, shall be permitted only if the Servicer shall Combined Loan-to-Value Ratio for the related Mortgage Loan after such partial release does not change exceed the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on Combined Loan-to-Value Ratio for such Mortgage LoanLoan as of the related Cut-Off Date. Notwithstanding the foregoing paragraph provisions of this Section or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or violation of any other violation of its obligations hereunder by reason of any conveyance by a Mortgagor of the related Mortgaged Property or any assumption of a Mortgage Loan by operation of law or any assumption with respect to which the Master Servicer determines in good faith that it may be restricted by law from preventing, for any reason whatsoever, or if the exercise of such right would impair or threaten to impair any recovery under any applicable insurance policy or, in the Master Servicer's judgment, would be reasonably likely to result in legal action by such Mortgagor.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the The Servicer shall to the extent it has knowledge of such conveyance or prospective conveyance, be authorized to enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee [and the Certificate Insurer] that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, Any fee collected by the Servicer for consenting to such conveyance or entering into such modification shall not be deemed retained by or paid to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoeveras additional servicing compensation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Home Equity Loan Corp)

Assumption Agreements. When Subject to the provisions of the last paragraph of this Section 5.01, when a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized authorized, with the consent of the Note Insurer, to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Note Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, and a duplicate thereof to the Note Insurer, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.185.01, the Servicer shall not change the Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. (a) When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, is authorized to the extent it has knowledge of such conveyance take or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement or other similar agreement from or with the person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant provided that (i) the interest rate on, Monthly Payment and balance of such Account shall not be reduced, (ii) the term of the Account shall not be extended, (iii) there are either no unreimbursed advances for taxes and insurance on such Account following assumption or such advances are assumed and (iv) the Servicer shall not agree to which any other modification unless in the best judgment of the Servicer such person shall become liable under modification would not materially adversely affect the Mortgage Note and, unless prohibited by applicable law, collectability or enforceability of the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to Accounts or the Mortgage Loans, is also authorized to enter into a substitution interests of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage NoteNoteholders. The Servicer shall notify the Indenture Trustee that any such substitution assumption agreement or assumption similar agreement has been completed by forwarding to the Indenture Trustee the original copy of such substitution or assumption agreement which original shall be added by the Trustee or similar agreement for addition to the related Mortgage File and shallAsset Documents. Any fee collected by the Servicer for entering into an assumption agreement or similar agreement shall be retained by the Servicer as additional servicing compensation. The Servicer shall use its reasonable best efforts to enter into an assumption agreement or other similar agreement; however, for all purposesif, be considered a part in connection with the conveyance of such Mortgage File Mortgaged Property, the continuation of liability of the original Obligor shall be impracticable, or if, in the opinion of the Servicer, the release of the liability of the original Obligor would not substantially impair the ability of the holder of the related Account to realize the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18full repayment of such Account, the Servicer shall not change may release the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date original Obligor from liability on such Mortgage LoanAccount so long as the new Obligor meets the underwriting standards which the Servicer is applying to similar transactions originated for its own account. Notwithstanding The Servicer shall notify the foregoing paragraph or any other provision of this Agreement, Indenture Trustee if the original Obligor is released from liability on such Account. (b) The Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder under this Agreement by reason of any assumption of a Mortgage Loan an Account by operation of law or any assumption or transfer of property subject to an Account which the Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever.

Appears in 1 contract

Samples: Servicing Agreement (Mid State Capital Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on- sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such 80 substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Firstplus Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Indenture Trustee and the Insurer in writing that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of completed, and add such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.183.16, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

Assumption Agreements. (a) When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, is authorized to the extent it has knowledge of such conveyance take or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement or other similar agreement from or with the person to whom such property Mortgaged Property has been or is about to be conveyed, pursuant to which provided that (i) the interest rate on, Monthly Payment and balance of such person Mortgage Asset shall become liable under not be reduced, (ii) the term of the Mortgage Note andAsset shall not be extended, (iii) there are either no unreimbursed advances for taxes and insurance on such Mortgage Asset following assumption or such advances are assumed and (iv) the Servicer shall not agree to any other modification unless prohibited by applicable law, in the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to best judgment of the Servicer such modification would not materially adversely affect the collectability or enforceability of the Mortgage Loans, is also authorized to enter into a substitution Assets or the interests of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage NoteNoteholders. The Servicer shall notify the Indenture Trustee and any Document Custodian that any such substitution assumption agreement or assumption similar agreement has been completed by forwarding to the Trustee Indenture Trustee, or Document Custodian on behalf of the Indenture Trustee, the original copy of such substitution or assumption agreement which original shall be added by the Trustee or similar agreement for addition to the related Mortgage File and shallAsset Documents. Any fee collected by the Servicer for entering into an assumption agreement or similar agreement shall be retained by the Servicer as additional servicing compensation. The Servicer shall use its reasonable best efforts to enter into an assumption agreement or other similar agreement; however, for all purposesif, in connection with the conveyance of such Mortgaged Property, the continuation of liability of the original Obligor shall be considered a part impracticable, or if, in the opinion of the Servicer, the release of the liability of the original Obligor would not substantially impair the ability of the holder of the related Mortgage Asset to realize the full repayment of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Asset, the Servicer shall not change may release the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date original Obligor from liability on such Mortgage LoanAsset so long as the new Obligor meets the underwriting standards which the Servicer is applying to similar transactions originated for its own account. Notwithstanding The Servicer shall notify the foregoing paragraph or Indenture Trustee and any other provision of this Agreement, Document Custodian if the original Obligor is released from liability on such Mortgage Asset. (b) The Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder under this Agreement by reason of any assumption of a Mortgage Loan Asset by operation of law or any assumption or transfer of property subject to a Mortgage Asset which the Servicer may be restricted by law from preventing, for any reason whatsoeverwhatever.

Appears in 1 contract

Samples: Servicing Agreement (Trust, Asset Backed Notes)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Home Loan documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by promptly forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Home Loan File and shall, for all purposes, be considered a part of such Mortgage Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Assumption Agreements. When a Mortgaged Mortgage Property has been or is about to be conveyed by the MortgagorObligor, the Servicer Subservicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer Subservicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the ServicerSubservicer, is not enforceable under applicable law. In such event, the Servicer Subservicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage documents, the Mortgagor shall remain Obligor remains liable thereon. The ServicerSubject to Section 4.01(a), in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Subservicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage Note. The Servicer Subservicer shall notify the Trustee Servicer that any such substitution or assumption agreement has been completed by forwarding to the Trustee Servicer the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereofagreement. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Servicer Subservicer shall not change the Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by Subservicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to Subservicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer Subservicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer Subservicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Mortgage Loan Subservicing Agreement (Remodelers Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable lawlaw or if such enforcement would materially increase the risk of default or delinquency on, or materially decrease the security for, such Mortgage Loan. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided, however, that if any such Mortgaged Property shall constitute a part of either Pool I or Pool II, the Servicer must obtain the prior approval of the Certificate Insurer. The Servicer shall notify the applicable Co-Trustee (and, with respect to Pool III Mortgage Loans, the FHA Custodian and, with respect to Pool I or Pool II Mortgage Loans, the Certificate Insurer), that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian (or, with respect to the Pool III Mortgage Loans, FUNB (who shall forward it to the Pool III Co-Trustee)) the original of such substitution or assumption agreement and in the case of Pool I and Pool II Mortgage Loans, a duplicate thereof to the Certificate Insurer and the Pool I and Pool II Co-Trustee, which original shall be added by the Trustee Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional servicing compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, (i) the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.; and (ii) the Servicer shall not take any action which would adversely affect the coverage of an FHA Loan for insurance by the FHA under Title I.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18Section, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Assumption Agreements. When a Mortgaged Property has been --------------------- or is about to be conveyed by the Mortgagor, the Servicer shall, except in the circumstances described below, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Equity Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedNote applicable thereto, howeverunless: (i) the exercise of such rights is not permitted by applicable law, that (ii) would materially increase the risk of default or delinquency on, or materially decrease the security for, such Home Equity Loan or (iii) the Servicer, in a manner consistent with reasonable commercial practice, permits the purchaser of the related Property to assume the Loan. If these conditions are not met or if the Servicer shall not exercise any reasonably believes it is unable under applicable law to enforce such right if the "due-on-sale" clause, in sale clause or if such Loan is a Home Equity Loan insured by the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventFHA, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Mortgage Rate or the Scheduled Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Home Equity Loan. Notwithstanding the foregoing, certain of the Mortgages or Mortgage Notes of the related Home Equity Loans may contain provisions pursuant to which the Servicer may not exercise a "due-on-sale" clause if (a) the borrower causes to be submitted to the Servicer the information required by Servicer to evaluate the intended transferee as if a new loan were being made to the transferee and (b) the Servicer reasonably determines that the Servicer's security will not be impaired by the loan assumption by the transferee and that the risk of a breach of covenant or agreement is acceptable to the Servicer. To the extent permitted by applicable law, such assumption will not release the original Mortgagor from its obligation under any such Home Equity Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or of any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Equity Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Norwest Asset Acceptance Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Servicer shall not -------- ------- exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided that if the Certificate Insurer does not respond within -------- five Business Days after its approval has been requested in writing by the Servicer, then the Certificate Insurer shall be deemed to have approved the substitution of liability. The Servicer shall notify the Trustee Depositor, the Trustee, the NIMS Insurer and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee (or to the Custodian on behalf of the Trustee) the original of such substitution or assumption agreement and a duplicate thereof to the Depositor, the NIMS Insurer and the Certificate Insurer, which original shall be added by the Trustee (or by the Custodian on behalf of the Trustee) to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Loan Mortgage Interest Rate ------------ or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Master Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that the Master Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Master Servicer, is not enforceable under applicable law. In such event, the Master Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note and, unless prohibited by applicable lawlaw or related Mortgage or Mortgage Note, the Mortgagor shall remain remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Master Servicer is also authorized with the prior approval of the Certificate Insurer to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Mortgagor is released from liability and such person is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note; provided, however, that the Master Servicer shall have no liability under this Section 7.01 if the Certificate Insurer fails to respond to notice by the Master Servicer of a proposed substitution within two (2) Business Days of receipt thereof by the Certificate Insurer provided that the Master Servicer acts in accordance with the servicing standards set forth in this Agreement. The Master Servicer shall notify the Trustee and the Certificate Insurer that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement and a duplicate thereof to the Certificate Insurer, which original shall be added by the Trustee to the related Trustee's Mortgage File and shall, for all purposes, be considered a part of such Trustee's Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Master Servicer shall not change the Loan Mortgage Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. The Trustee agrees that this Agreement shall constitute a power of attorney from the Trustee to the Master Servicer to accomplish all acts on the part of the Trustee permitted or required hereunder. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Master Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Master Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Assumption Agreements. When a (a) The Servicer shall use commercially reasonable efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be conveyed sold, whether by absolute conveyance or by contract of sale and whether or not the MortgagorMortgagor remains liable on the Mortgage and the Mortgage Note, provided that in accordance with the terms of the Mortgage Note, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; provided, however, that may permit an assumption (i) if the Servicer shall not exercise any reasonably believes it is unable under Applicable Requirements to enforce such right if the "due-on-sale" clause, in or (ii) if the reasonable belief enforcement of such rights would impair or threaten to impair any recovery under the related Primary Mortgage Insurance Policy or LPMI, if any. In connection with any such assumption, the related Mortgage Interest Rate, the Unpaid Principal Balance and the term of the Servicer, Mortgage Loan may not be changed. If an assumption is not enforceable under applicable law. In such eventallowed pursuant to this Section 4.1(a), the Servicer shall enter into an assumption and modification agreement with is authorized, at the person Servicer's discretion, to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into prepare a substitution of liability whereby such person agreement to be entered into by the Owner and the purchaser of the Mortgaged Property pursuant to which the original Mortgagor is released from liability and the purchaser of the Mortgaged Property is substituted as mortgagor Mortgagor and becomes liable under the Mortgage Note. Any such substitution of liability agreement shall be in lieu of an assumption agreement. If an assumption fee is collected by the Servicer for entering into an assumption agreement the entire amount of such fee may be retained by the Servicer as additional servicing compensation. (b) The Servicer shall follow Acceptable Servicing Procedures with respect to any such assumption or substitution of liability (taking into account the Seller's then current underwriting guidelines applicable to mortgage loans of the same type as the related Mortgage Loan). The Servicer shall notify the Trustee Owner that any such substitution of liability or assumption agreement has been completed by forwarding to the Trustee the original Owner or its designee a copy of any such substitution of liability or assumption agreement agreement, which original document shall be added by the Trustee to the related Mortgage Collateral File and shall, shall for all purposes, purposes be considered a part of such Mortgage Collateral File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2007-1)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the MortgagorObligor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right rights to accelerate the maturity of the related Mortgage Home Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage NoteDebt Instrument; provided, however, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such eventevent or in the event the related Mortgage and Debt Instrument do not contain a "due-on-sale" clause, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become becomes liable under the Mortgage Note Debt Instrument and, unless prohibited by applicable lawlaw or the Mortgage Documents, the Mortgagor shall remain Obligor remains liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, Servicer is also authorized to enter into a substitution of liability whereby agreement with such person, pursuant to which the original Obligor is released from liability and such person is substituted as mortgagor Obligor and becomes liable under the Mortgage NoteDebt Instrument. The Servicer shall notify the Trustee Custodian that any such substitution or assumption agreement has been completed by forwarding to the Trustee Custodian the original of such substitution or assumption agreement agreement, which original shall be added by the Trustee Custodian to the related Mortgage Indenture Trustee's Home Loan File and shall, for all purposes, be considered a part of such Mortgage Indenture Trustee's Home Loan File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.187.01, the Servicer shall not change the Home Loan Interest Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Home Loan. Any fee collected by the Servicer for consenting to any such conveyance or entering into an assumption or substitution agreement shall be retained by or paid to the Servicer as additional Servicing Compensation. SALE AND SERVICING AGREEMENT (Series 1996-4) - Page 71 80 Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Home Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Firstplus Investment Corp)

Assumption Agreements. When a Mortgaged Property has been or is about to be conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance or prospective conveyance, exercise its right to accelerate the maturity of the related Mortgage Loan under any "due-on-sale" clause contained in the related Mortgage or Mortgage Note; providedPROVIDED, howeverHOWEVER, that the Servicer shall not exercise any such right if the "due-on-sale" clause, in the reasonable belief of the Servicer, is not enforceable under applicable law. In such event, the Servicer shall enter into an assumption and modification agreement with the person to whom such property has been or is about to be conveyed, pursuant to which such person shall become liable under the Mortgage Note and, unless prohibited by applicable law, the Mortgagor shall remain liable thereon. The Servicer, in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans, is also authorized to enter into a substitution of liability whereby such person is substituted as mortgagor and becomes liable under the Mortgage Note. The Servicer shall notify the Trustee that any such substitution or assumption agreement has been completed by forwarding to the Trustee the original of such substitution or assumption agreement which original shall be added by the Trustee to the related Mortgage File and shall, for all purposes, be considered a part of such Mortgage File to the same extent as all other documents and instruments constituting a part thereof. In connection with any assumption or substitution agreement entered into pursuant to this Section 3.18, the Servicer shall not change the Loan Rate or the Monthly Payment, defer or forgive the payment of principal or interest, reduce the outstanding principal amount or extend the final maturity date on such Mortgage Loan. Notwithstanding the foregoing paragraph or any other provision of this Agreement, the Servicer shall not be deemed to be in default, breach or any other violation of its obligations hereunder by reason of any assumption of a Mortgage Loan by operation of law or any assumption which the Servicer may be restricted by law from preventing, for any reason whatsoever.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Se Cp Soundview Hm Eq Ln as Bk Cer Se 2001-1)

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