Common use of Conveyance of the Subsequent Home Equity Loans Clause in Contracts

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures a Subsequent Home Equity Loan and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate Group. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1)

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Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the DepositorSeller. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group I or the Adjustable Rate GroupGroup II. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-2), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-1)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 2.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the TrusteeIssuer's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor shall, on any Subsequent Transfer Date Date, sell, transfer, assign, set over and otherwise convey without recourse, to the TrusteeIssuer, and the Trustee Issuer shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Indenture Trustee herewith (and all substitutions therefor as provided by Section 3.032.03, 3.04 2.04 and 3.062.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans by the Seller to the Trustee Issuer shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and to the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupIssuer. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off CutOff Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

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

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 2.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Indenture Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the TrusteeDepositor and the Depositor shall sell, transfer, assign, set over and otherwise convey without recourse, to the Issuer, and the Issuer shall pledge, transfer, assign, set over and otherwise Grant without recourse to the Indenture Trustee shall purchase on behalf for the benefit of the Trust Owners of the Notes and the Note Insurer all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Indenture Trustee herewith (and all 40 substitutions therefor as provided by Section 3.032.03, 3.04 2.04 and 3.062.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee Issuer shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller to the Depositor and by the DepositorDepositor to the Issuer. The Grant by the Issuer to the Indenture Trustee is intended to be treated as a pledge of assets without recourse. [Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group I or the Adjustable Rate Group. Group II.] The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Indenture (Imc Securities Inc)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 2.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the TrusteeIssuer's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor ), on any Subsequent Transfer Date Date, sell, transfer, assign, set over and otherwise convey without recourse, to the TrusteeIssuer, and the Trustee Issuer shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Indenture Trustee herewith (and all substitutions therefor as provided by Section 3.032.03, 3.04 2.04 and 3.062.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans by the Seller to the Trustee Depositor and by the Depositor to the Issuer shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and to the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupIssuer. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-4)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate Group. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-5)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs paragraph (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a 53 Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupSeller. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1996-4)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's =s right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans by the Seller to the Depositor and by the Depositor to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller to the Depositor and by the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either Depositor to the Fixed Rate Group or the Adjustable Rate GroupTrustee. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-3)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupSeller. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-3)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures a Subsequent Home Equity Loan and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group I or the Adjustable Rate GroupGroup II. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Ln Asset Bk Cert Ser 1999-3)

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Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the CustodianTrustee's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account or the Prepaid Home Equity Loan Account, the Seller Depositor shall indirectly (through the Depositor) and the Depositor on any each Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing Depositor will cause to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Mortgaged Property which secures a Subsequent Home Equity Loan and all payments thereon the Depositor's rights but none of its obligations under the related Subsequent Transfer Agreement and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding PeriodDates. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group Ia, Group Ib, Group IIa or the Adjustable Rate GroupGroup IIb. The amount released from the Pre-Funding Account or the Prepaid Home Equity Loan Account, as applicable, shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Tr 1999-Lb1)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs paragraph (b), (c) and (d) below (based on the CustodianTrustee's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the CustodianTrustee or an affiliate of the Trustee, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupSeller. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to or after the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans by the Seller to the Depositor and by the Depositor to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate GroupSeller. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-1)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 2.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the TrusteeIssuer's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Seller shall indirectly (through the Depositor) and the Depositor shall, on any Subsequent Transfer Date Date, sell, transfer, assign, set over and otherwise convey without recourse, to the TrusteeIssuer, and the Trustee Issuer shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) Depositor is causing to be delivered to the Custodian, on behalf of the Indenture Trustee herewith (and all substitutions therefor as provided by Section 3.032.03, 3.04 2.04 and 3.062.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate Group. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1997-6)

Conveyance of the Subsequent Home Equity Loans. (a) Subject to the satisfaction of the conditions set forth in Section 3.05 and paragraphs (b), (c) and (d) below (based on the Custodian's review of such conditions) in consideration of the Trustee's delivery on the relevant Subsequent Transfer Dates to or upon the order of the Seller Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Seller Depositor shall indirectly (through the Depositor) and the Depositor on any Subsequent Transfer Date sell, transfer, assign, set over and otherwise convey without recourse, to the Trustee, and the Trustee shall purchase on behalf of the Trust all of the Seller's and Depositor's right, title and interest in and to any and all benefits accruing to the Seller and the Depositor from the Subsequent Home Equity Loans (other than any principal received and interest due on or prior to the relevant Subsequent Cut-Off Date) which the Seller (through the Depositor) Depositor is causing to be delivered to the Custodian, on behalf of the Trustee herewith (and all substitutions therefor as provided by Section 3.03, 3.04 and 3.06), together with the related Subsequent Home Equity Loan documents and the Seller's and Depositor's interest in any Property which secures secured a Subsequent Home Equity Loan but which has been acquired by foreclosure or deed in lieu of foreclosure, and all payments thereon and proceeds of the conversion, voluntary or involuntary, of the foregoing and proceeds of all the foregoing (including, but not by way of limitation, all proceeds of any mortgage insurance, flood insurance, hazard insurance and title insurance policy relating to the Subsequent Home Equity Loans, cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, rights to payment of any and every kind, and other forms of obligations and receivables which at any time constitute all or part of or are included in the proceeds of any of the foregoing). Notwithstanding anything to the contrary herein, there shall be no more than three Subsequent Transfer Dates during the Funding Period. The transfer by the Seller (through the Depositor) and the Depositor of the Subsequent Home Equity Loans set forth on the related Schedule of Home Equity Loans by the Seller to the Depositor and by the Depositor to the Trustee shall be absolute and shall be intended by the Owners and all parties hereto to be treated as a sale by the Seller and the Depositor. Any Subsequent Home Equity Loan transferred shall be included in one and only one of either the Fixed Rate Group or the Adjustable Rate Group. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances of the Subsequent Home Equity Loans so transferred. Upon the transfer by the Seller and the Depositor of the Subsequent Home Equity Loans hereunder, such Subsequent Home Equity Loans (and all principal received and interest due thereon on and subsequent to the Subsequent Cut-Off Date) and all other rights and interests with respect to such Subsequent Home Equity Loans transferred pursuant to a Subsequent Transfer Agreement shall be deemed for all purposes hereunder to be part of the Trust Estate.be

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-7)

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