Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 34 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002-Ar13)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 22 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2007-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-1)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Br1), Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that which render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property mortgaged property of the benefits of the security provided therebysecurity, including, (ai) in the case of a if such Mortgage is designated as a deed of trust, by trustee's sale, sale and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Cityscape Financial Corp), Mortgage Loan Warehousing Agreement (Emergent Group Inc), Revolving Credit and Security Agreement (Cityscape Financial Corp)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (a) in the case of a Mortgage designated as a deed of trust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;.
Appears in 3 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase, Sale & Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided thereby, including, (ai) in the case of a Mortgage designated as a deed Deed of trustTrust, by trustee's ’s sale, and (b) in the case of a Mortgage, otherwise by judicial foreclosure;and
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Trust 2005-2)
Customary Provisions. The related Mortgage contains customary and enforceable provisions that which render the rights and remedies of the holder thereof adequate for the realization against the related Mortgaged Property of the benefits of the security provided therebysecurity, including, (ai) in the case of a if such Mortgage is designated as a deed of trust, by trustee's sale, sale and (bii) in the case of a Mortgage, otherwise by judicial foreclosure;
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Cityscape Financial Corp), Loan and Security Agreement (Cityscape Financial Corp)
Customary Provisions. The related Note and the related Mortgage contains contain customary and enforceable provisions that such as to render the rights and remedies of the holder thereof adequate for the practical realization against the related Mortgaged Property of the benefits of the security provided therebysecurity, including, (a) in the case of a Mortgage designated as a deed of trustbut not limited to, by trustee's salejudicial or, and (b) in the case of a Mortgageif applicable, otherwise by judicial nonjudicial foreclosure;.
Appears in 1 contract
Samples: Whole Loan Origination Facility Agreement (Criimi Mae Inc)
