Common use of Collateral; Collateral Security Clause in Contracts

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage Loan, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loan.

Appears in 7 contracts

Samples: Master Loan and Security Agreement (Aames Investment Corp), Master Loan and Security Agreement (New York Mortgage Trust Inc), Master Loan and Security Agreement (E Loan Inc)

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Collateral; Collateral Security. (a) The Neither Borrower has not assigned, pledged, or nor otherwise conveyed or encumbered any Mortgage Loan Collateral to any other Person, and immediately prior to the pledge of any such Mortgage LoanCollateral, the such Borrower was the sole owner of such Mortgage Loan Collateral and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the such Borrower has any Lien on any Mortgage LoanCollateral.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Investment Corp)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any each such Mortgage Loan, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and following such release no Person other than the Borrower has any Lien on any Mortgage Loan. Notwithstanding the foregoing, the Borrower may sell, transfer, assign or pledge or otherwise convey any foreclosed Mortgaged Property to an REO Subsidiary.

Appears in 3 contracts

Samples: Reo Subsidiary Pledge Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage Loan, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loanhereunder.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (Life Financial Corp), Master Loan and Security Agreement (Southern Pacific Funding Corp), Master Loan and Security Agreement (Southern Pacific Funding Corp)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage LoanLoan to the Lender, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loanhereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America Inc)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage Loan, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens granted in favor of third-party lenders to the Borrower identified to the Lender prior to each Funding Date or Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loanhereunder.

Appears in 1 contract

Samples: Support Agreement (Redwood Trust Inc)

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Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered orencumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage Loan, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loan.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Financial Corp/De)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Mortgage Loan to any other Person, and immediately prior to the pledge of any such Mortgage LoanLoan to the Lender, the Borrower was the sole owner of such Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Mortgage Loan.

Appears in 1 contract

Samples: Master Loan and Security Agreement (MortgageIT Holdings, Inc.)

Collateral; Collateral Security. (a) The Borrower has not assigned, pledged, or otherwise conveyed or encumbered any Contract or Mortgage Loan to any other Person, and immediately prior to the pledge of any such Contract or Mortgage LoanLoan as security under this Loan Agreement, the Borrower was the sole owner of such Contract or Mortgage Loan and had good and marketable title thereto, free and clear of all Liens, in each case except for Liens to be released simultaneously with the Liens granted in favor of the Lender hereunder and no Person other than the Borrower has any Lien on any Contract or Mortgage Loan.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Fleetwood Enterprises Inc/De/)

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