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: (1) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2) the Seller hereby grants to the Depositor a first priority security interest 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 (3) this Agreement shall constitute a security agreement under applicable law.
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Samples: Mortgage Loan Sale and Assignment Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2), Mortgage Loan Sale and Assignment Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7), Mortgage Loan Sale and Assignment Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-4)
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: (1) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2) the Seller hereby grants to the Depositor a first priority security interest 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 (3) this Agreement shall constitute a security agreement under applicable law.
Appears in 7 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1), Mortgage Loan Sale and Assignment Agreement (Structured Adjustable Rate Mortgage Loan Trust), Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
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 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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor a first priority security interest 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 (3c) this Agreement shall constitute a security agreement under applicable law.
Appears in 4 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), 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 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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor a first priority security interest 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 (3c) 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 Mor Pas THR Cer Se 2001-Bc5), Mortgage Loan Sale and Assignment Agreement (Amortizing Resi Collateral Tr Mort Pas Thru Cer Ser 2001-Bc1), Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp Mort Pas THR Ce Se 2001-Bc3)
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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor a first priority security interest 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 (3c) this Agreement shall constitute a security agreement under applicable law.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Assignment Agreement (Amortizing Resi Collateral Tr Mor Pas Thru Cert Ser 2000-Bc3), Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp Mor Pas THR Cer Sr 2001-Bc4)
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 Dateshall 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: (1) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2) the Seller hereby grants to the Depositor a first priority security interest 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 (3) this Agreement shall constitute a security agreement under applicable law.
Appears in 1 contract
Samples: Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp)
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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor Purchaser a first priority security interest 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 (3c) this Agreement shall constitute a security agreement under applicable law.
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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 Assets 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 if, despite the express intent of the parties hereto, such conveyance is deemed to be in respect of a loan, it is intended that: (1i) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2ii) the Seller hereby grants to the Depositor a first priority security interest in all of the Seller’s 's right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other propertyAssets; and (3iii) this Agreement shall constitute a security agreement under applicable law.
Appears in 1 contract
Samples: Mortgage Loan Sale Agreement (United Mortgage Trust)
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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor a first priority security interest in all of the Seller’s 's right, title and interest in, to and under, whether now owned or hereafter acquired, the such Mortgage Loans and other property; and (3c) 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 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: (1a) the rights and obligations of the parties shall be established pursuant to the terms of this Agreement; (2b) the Seller hereby grants to the Depositor a first priority security interest 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 (3c) this Agreement shall constitute a security agreement under applicable law.
Appears in 1 contract