Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 94 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Lehman XS Trust 2007-14h), Mortgage Loan Sale and Assignment Agreement (First Franklin Mortgage Loan Trust 2006-FFB), Mortgage Loan Sale and Assignment Agreement (Lehman XS Trust 2007-17h)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a1) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b2) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c3) this Agreement shall constitute a security agreement under applicable law.
Appears in 21 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Lehman Mortgage Trust 2006-6), Mortgage Loan Sale and Assignment Agreement (Lehman Mortgage Trust 2006-1), Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp. 2005-17)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date and any Transfer Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 15 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1), Mortgage Loan Sale and Assignment Agreement (Lehman Abs Corp Mortgage Pass THR Certs Ser 2003-1), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002-Bc8)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other rights or property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such rights or property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a1) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b2) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c3) this Agreement shall constitute a security agreement under applicable law.
Appears in 11 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Lehman Mortgage Trust 2007-3), Mortgage Loan Sale and Assignment Agreement (Lehman Mortgage Trust 2007-9), Mortgage Loan Sale and Assignment Agreement (Lehman Mortgage Trust 2008-6)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) the Terms Letter in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 9 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (BNC Mortgage Loan Trust 2007-3), Mortgage Loan Sale and Assignment Agreement (BNC Mortgage Loan Trust 2006-2), Mortgage Loan Sale and Assignment Agreement (BNC Mortgage Loan Trust 2007-2)
Grant Clause. It is intended that the conveyance of the SellerBank’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller Bank hereby grants to the Depositor a first priority security interest in all of the Bank’s right, title and interest to secure payment of an obligation in an any amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 6 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002-Bc8), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Ff3), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Back Ps THR Cert Ser 2003-3xs)
Grant Clause. It is intended that the conveyance of the Seller’s Bank's right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date or any Transfer Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller Bank hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s Bank's right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 4 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)
Grant Clause. It is intended that the conveyance of the SellerBank’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date or any Transfer Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller Bank hereby grants to the Depositor a first priority security interest in all of the Bank’s right, title and interest to secure payment of an obligation in an any amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 3 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp), Mortgage Loan Sale and Assignment Agreement (Amoritizing Residential Col Tr Mor Pas Thru Cer Ser 2002-Bc6), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc7)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp 2005-Ar1), Mortgage Loan Sale and Assignment Agreement (Structured Asset Investment Loan Trust 2005-He1)
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an any amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Ff3), Mortgage Loan Sale and Assignment Agreement (First Franklin Mortgage Loan Trust 2003-FFB)
Grant Clause. It is intended that the conveyance of the Seller’s 's right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s 's right, title and interest in, to and under, whether now owned or hereafter acquired, the Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Sasco 2007-Eq1), Mortgage Loan Sale and Assignment Agreement (Greenpoint Mortgage Funding Trust 2005-He3)
Grant Clause. It is intended that the conveyance of the SellerBank’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date or any Transfer Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller Bank hereby grants to the Depositor a first priority security interest to secure payment of an obligation in an amount equal to the purchase price set forth in Section 1.01(a) in all of the SellerBank’s right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 1 contract
Grant Clause. It is intended that the conveyance of the Seller’s right, title and interest in and to the Mortgage Loans and other property conveyed pursuant to this Agreement on the Closing Date shall constitute, and shall be construed as, a sale of such property and not a grant of a security interest to secure a loan. However, if any such conveyance is deemed to be in respect of a loan, it is intended that: (a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (b) the Seller hereby grants to the Depositor a first priority security interest in all of the Seller’s right, title and interest to secure payment of an obligation in an any amount equal to the purchase price set forth in Section 1.01(a) in all of the Seller’s right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (c) this Agreement shall constitute a security agreement under applicable law.
Appears in 1 contract
Samples: Mortgage Loan Sale and Assignment Agreement (Mortgage Pass-Through Certificates Ser 2003-18xs)