Common use of Hazard Insurance Clause in Contracts

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 51 contracts

Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2)

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's ’s or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 26 contracts

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-12), Warranties and Servicing Agreement (Lehman XS Trust Series 2006-4n), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any Subservicer's prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 23 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2007-Ar7)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood "hazard insurance has been made availablepolicy") a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or PUD project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage or share loan is covered under such policy. The insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Mortgage Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFNMA Guide;

Appears in 9 contracts

Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)

Hazard Insurance. Pursuant As of the related Servicing Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer in accordance with Seller's Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the situated as well as all additional requirements of set forth in Section 4.10. If upon origination 2.10 of the Mortgage LoanInterim Servicing Agreement. As of the related Servicing Transfer Date, the Mortgaged Property was in an area identified in the Federal Register if required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to Seller's Underwriting Guidelines as well as all additional requirements set forth in Section 2.10 of the requirements Interim Servicing Agreement. As of Section 4.10. All the related Servicing Transfer Date, all individual insurance policies contain a standard mortgagee clause naming the Company originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the related Servicing Transfer Date, the Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the xxxx xxx Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the related Servicing Transfer Date, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 9 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1), Pooling and Servicing Agreement (MSAC Trust 2006-He3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Fxxxxx Mxx or Fxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of Section 4.105.10. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Seller or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" renewed, or "blanket" hazard insurance policy covering if any other change that adversely affects the common facilities Seller’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's Fxxxxx Mae Guide or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFxxxxxx Mac Servicing Guide;

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-10), Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards coverage, as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to effect, as well as all additional requirements set forth in the requirements of Section 4.10Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 8 contracts

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-10), Pooling and Servicing Agreement (GSAMP Trust 2006-S6), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any Subservicer's prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 6 contracts

Samples: Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Each Mortgaged Property are is insured by a generally acceptable fire and extended perils insurance policy, issued by an insurer against loss approved by fireBuyer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10. If upon the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan with respect to each Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for an damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Company and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 6 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area Xxxxxx Xxx Guides or by Xxxxxxx Mac or those of prudent mortgage lenders who originate mortgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10located. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac requirements or those of prudent mortgage lenders who originate mortgage loans similar to the requirements of Section 4.10Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 5 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)

Hazard Insurance. Pursuant As of the WMC Servicing Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Seller in accordance with the Underwriting Guidelines and which is rated B:VI or better in the current Best's Key Rating Guide ("Best's") against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10situated. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to the requirements of Section 4.10Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Company WMC and its successors and assigns as mortgagee, and as of the WMC Servicing Transfer Date, all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where As of the WMC Servicing Transfer Date, where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the WMC Servicing Transfer Date, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company WMC has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyWMC;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Underwriting Guidelines, as well as all additional requirements set forth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to with the Underwriting Guidelines, as well as all additional requirements set forth in Section 2.10 of Section 4.10the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Underwriting Guidelines, as well as all additional requirements set forth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to with the Underwriting Guidelines, as well as all additional requirements set forth in Section 2.10 of Section 4.10the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 4 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards coverage, as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to effect, as well as all additional requirements set forth in the requirements of Section 4.10Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2005-He6), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Seller or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" renewed, or "blanket" hazard insurance policy covering if any other change that adversely affects the common facilities Seller’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyXxxxxx Mae Guide;

Appears in 4 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR 2006-5f), Servicing Agreement (GSR Mortgage Loan Trust 2006-1f)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage coverage, as well as all additional requirements set forth in Section 3.13 of the Pooling and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to effect, as well as all additional requirements set forth in Section 3.13 of the requirements of Section 4.10Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Sponsor upon the consummation of the transactions contemplated by this Agreement. The Company Responsible Party has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyResponsible Party;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1), Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of Section 4.105.10. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Seller or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" renewed, or "blanket" hazard insurance policy covering if any other change that adversely affects the common facilities Seller’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's Xxxxxx Mae Guide or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyXxxxxxx Mac Servicing Guide;

Appears in 3 contracts

Samples: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-5), Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim1), Assignment, Assumption and Recognition Agreement (PHH Alternative Mortgage Trust, Series 2007-1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Acoustic Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xection 2.10 of the requirements Interim Servicing Agreement, dated as of Section 4.10November 1, 2004, between Acoustic and GSMC (the "Interim Servicing Agreement"). All individual insurance policies contain a standard mortgagee clause naming the Company Acoustic and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Seller upon the consummation of the transactions contemplated by this the Acoustic Purchase Agreement. The Company Acoustic has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyAcoustic;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary generally insured against in the area where jurisdiction in which the Mortgaged Property is located pursuant to insurance policies conforming by a prudent lender making mortgage loans similar to the Mortgage Loans, as well as all additional requirements set forth in Section 3.13 of Section 4.10the Pooling and Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the standard a prudent lender would require, as well as all additional requirements set forth in Section 3.13 of Section 4.10the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Sponsor upon the consummation of the transactions contemplated by this Agreement. The Company Responsible Party has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyResponsible Party;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2), Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1), Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)

Hazard Insurance. Pursuant As of the WMC Servicing Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Seller in accordance with the Underwriting Guidelines and which is rated B:III or better in the current Best's Key Rating Guide ("Best's") against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10situated. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to the requirements of Section 4.10Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Company WMC and its successors and assigns as mortgagee, and as of the WMC Servicing Transfer Date, all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where As of the WMC Servicing Transfer Date, where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the WMC Servicing Transfer Date, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company WMC has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyWMC;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of Section 4.105.10. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood "hazard insurance has been made availablepolicy") a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or unit in a planned unit development ("PUD") project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. Such insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Mortgage Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. Each insurance policy described above provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's Xxxxxx Mae Guide or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyXxxxxxx Mac Servicing Guide;

Appears in 2 contracts

Samples: Servicing Agreement (Banc of America Funding 2006-I Trust), Servicing Agreement (Banc of America Funding 2006-8t2 Trust)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a fire and extended perils insurance policy, issued by an insurer that is generally acceptable insurer against loss by firein the commercial lending market, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, against risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the requirements Mortgaged Property, (ii) the outstanding principal balance of Section 4.10the Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If upon origination any portion of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Company and Seller, its successors and assigns (including without limitation, subsequent owners of the Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Neither Seller nor Servicer has not engaged in, and Seller has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Sutherland Asset Management Corp), Master Repurchase Agreement (Sutherland Asset Management Corp)

Hazard Insurance. Pursuant to Except in the terms case of Coop Loans, the Mortgage, Mortgage requires all buildings or other improvements upon on the Mortgaged Property are to be insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corp), 1998 Agreement (Structured Asset Securities Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable fire and extended perils insurance policy, issued by a qualified insurer against loss as defined by firethe applicable Loan Program Authority, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10the date of origination consistent with the applicable Loan Program Authority’s requirements, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount that would have been required as of the date of origination in accordance with the applicable Loan Program Authority’s requirements. If upon origination any portion of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration Emergency Management Agency is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended by the Flood Disaster Protection Act of 1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Company and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 2 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards coverage, as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to effect, as well as all additional requirements set forth in the requirements of Section 4.10Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company related Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has Sellers have not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySellers;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood "hazard insurance has been made availablepolicy") a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or PUD project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage or share loan is covered under such policy. The insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Mortgage Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;FNMA Guide.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14), Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-21a)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;unit

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (Lehman Sarm 2005-5), Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Passthr Certs Ser 2003 40a)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming would be required by a prudent lender originating mortgage loans similar to the requirements of Section 4.10Mortgage Loans in that jurisdiction. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms as would be required by a prudent lender originating mortgage loans similar to the requirements of Section 4.10Mortgage Loans in that jurisdiction. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by applicable state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-H1), Pooling and Servicing Agreement (GSAMP Trust 2007-He1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Sectiox 0.00 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Acoustic Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xectiox 0.00 of the requirements of Section 4.10Interim Servicing Agreement, dated as November 1, 2004 between Acoustic and GSMC (the "Interim Servicing Agreement"). All individual insurance policies contain a standard mortgagee clause naming the Company Acoustic and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, fire and hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.104.11 hereof. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.104.11 hereof. All individual insurance policies contain a standard mortgagee clause naming (or that will name) the Company and its successors and assigns as mortgagee, and to the best of the Seller’s knowledge and belief, all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The To the best of the Seller’s knowledge and belief, the hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to . To the benefit best of the Purchaser upon Seller’s knowledge and belief, the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;.

Appears in 2 contracts

Samples: Von Karman (New Century Financial Corp), Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are customary applicable and available in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by the Borrower as of Section 4.10. If upon the date of origination consistent with the Underwriting Guidelines, against risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan with respect to each First Lien Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are part of such property on a replacement cost basis. If any portion of the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Company and Borrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 10 days' prior written notice to the mortgagee. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Borrower has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Borrower.

Appears in 1 contract

Samples: Custodial Agreement (Source One Mortgage Services Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any _ 18 _ Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-14)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage coverage, as well as all additional requirements set forth in Section 3.13 of the Pooling and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Servicing Agreement. If upon origination required by the National Flood Insurance Act of 1968, as amended, the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set fxxxh in Xxxxxxx 3.13 of the requirements of Section 4.10Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Company Option One Mortgage Corporation has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyOption One Mortgage Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Op1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Mae against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;unit

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of following additional requirements: set forth in Section 4.10. If upon origination 2.10 of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register Interim Servicing Agreement attached hereto as EXHIBIT B. If required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect effect, which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as the requirements of Section 4.10aforementioned additional requirements. All individual insurance policies contain a standard mortgagee clause naming the Company BNC and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "masterMASTER" or "blanketBLANKET" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this the Pooling and Servicing Agreement. The Company BNC has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyBNC;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx Guides or by Freddie Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Xxx. All individual insurance policies contain a standard mortgagee clause naming the Company applicable Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Xxxxxxxxx’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Company No Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any Subservicer's servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 1 contract

Samples: Master Repurchase Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10the date of origination consistent with the Underwriting Guidelines and Agency Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Loan with respect to each First Lien Loan, or (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If upon origination any portion of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect with a generally acceptable insurance carrier, which policy conforms to the requirements of Section 4.10the FHA, if applicable, in an amount representing coverage not less than the least of (1) the outstanding principal balance of the Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming the Company and Seller, its successors and assigns (including without limitation, subsequent owners of the Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy ” Hazard Insurance Policy covering a condominium, or any Hazard Insurance Policy covering the common facilities of a planned unit development. The hazard insurance policy Hazard Insurance Policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx Guides or by Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the Company applicable Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Company No Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any Subservicer's servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 1 contract

Samples: Master Repurchase Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the related Agency in accordance with the related Agency Requirements against loss by fire, hazards of included within an extended coverage liability policy and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10located. If upon origination of the Mortgage Mortgaged Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance was required by federal regulation and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10effect. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation on behalf of the transactions contemplated by applicable Agency upon Purchaser’s acquisition of the related Servicing Rights in accordance with this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;.

Appears in 1 contract

Samples: Agreement (Crescent Banking Co)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable fire and extended perils insurance policy, issued by a qualified insurer against loss as defined by firethe applicable Loan Program Authority, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10the date of origination consistent with the applicable Loan Program Authority’s requirements, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount that would have been required as of the date of origination in accordance with the applicable Loan Program Authority’s requirements. If upon origination any portion of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration Emergency Management Agency is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended by the Flood Disaster Protection Act of 1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Company and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the Mortgagor's cost and expense, and on the Mortgagor's such Xxxxxxxxx’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Each Mortgaged Property are is insured by a generally acceptable fire and extended perils insurance policy, issued by an insurer against loss approved by fireBuyer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10. If upon the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) [***]% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan with respect to each Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee Mortgagee clause naming the Company and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgageeMortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the Mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage Mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: loanDepot, Inc.

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.105.10 or Section 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or unit in a planned unit development ("PUD") project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Mortgage Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFNMA Guide;

Appears in 1 contract

Samples: Servicing Agreement (Sunset Financial Resources Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 03 4)

Hazard Insurance. Pursuant to Except in the terms case of Coop Loans, the Mortgage, ---------------- Mortgage requires all buildings or other improvements upon on the Mortgaged Property are to be insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corporation)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a life-of- loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;unit

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Each Mortgaged Property are is insured by a generally acceptable fire and extended perils insurance policy, issued by an insurer against loss approved by fireBuyer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by Seller as of Section 4.10. If upon the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan with respect to each Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee Mortgagee clause naming the Company and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgageeMortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the Mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage Mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional rexxxxxxexxx set forth in Xxxxxxx 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Acoustic Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirementx xxx fxxxh in Xxxxxxx 2.10 of the requirements of Section 4.10Interim Servicing Agreement, dated as November 1, 2004 between Acoustic and GSMC (the "Interim Servicing Agreement"). All individual insurance policies contain a standard mortgagee clause naming the Company Acoustic and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Mac in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan, or (iii) the amount necessary to avoid the operation of any co- insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the required by Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicersubservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, in an amount which is at least equal to the requirements lesser of Section 4.10(A) the maximum insurable value of the improvements securing such Mortgage Loan and (B) the greater of (x) the outstanding principal balance of the Mortgage Loan and (y) an amount such that the proceeds thereof shall be sufficient to prevent the Borrower or the loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the related Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) ), a flood insurance policy Flood Insurance Policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms with a Qualified Insurer in an amount representing coverage equal to the requirements lesser of Section 4.10(A) the minimum amount required, under the terms of the coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the Mortgage if replacement cost coverage is not available for the type of building insured) and (B) the maximum amount of insurance which is available under the National Flood Insurance Act of 1968, as amended. All individual insurance Insurance policies contain a standard mortgagee clause naming the Company Seller or a permitted sub-servicer and its successors and assigns as mortgagee, and all premiums due and payable thereon have been paid. The Each Mortgage obligates the Mortgagor Borrower thereunder to maintain the hazard insurance policy Hazard Insurance Policy at the MortgagorBorrower's cost and expense, and on the MortgagorBorrower's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorBorrower's cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy Each Hazard Insurance Policy is the valid and binding obligation of the insurer, is in full force and effect, and will shall be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this the Agreement. The Company has not engaged inNone of Seller, and has no knowledge of the Mortgagor's Borrower or any Subservicer's having sub-servicer has engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;.

Appears in 1 contract

Samples: Flow Purchase Agreement (New Century Financial Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of fire and extended coverage and coverage for such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.105.10. If upon origination of the Mortgage LoanXXX, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.105.10. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Samco Mortgage Securities Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to Interim Servicing Agreement dated as of July 1, 2005 between Meritage and GSMC (the requirements of Section 4.10"Meritage Interim Servicing Agreement"). If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xection 2.10 of the requirements of Section 4.10Meritage Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Meritage and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He6)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Xxxxxx Mae or Xxxxxxx Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of Section 4.105.10. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Company or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" renewed, or "blanket" hazard insurance policy covering if any other change that adversely affects the common facilities Company’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's Xxxxxx Mae Guide or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyXxxxxxx Mac Servicing Guide;

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-5)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a an insurer generally acceptable insurer to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located located, pursuant to insurance policies. All such insurance policies conforming to contain a standard mortgagee clause naming the requirements of Section 4.10. If upon origination originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) ), a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood federal Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paidFannie Mae or Freddie Mac. The Mortgage obligates the Mortgagor thereunder to maintain the hazard thereunxxx xx maintaix xxx xuch insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from the Mortgagor. All such insurance policies are in full force and effect. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicersubservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If If, upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) ), a flood insurance policy meeting the requirements of the current guidelines of the Federal federal Flood Insurance Administration is in effect effect, which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Each Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the each Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit developmentdevelopment or condominium. The Each hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the any Mortgagor's or any Subservicer's having engaged in, any act or omission which that would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Securities Corporation)

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, (a) all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of Section 4.105.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood "hazard insurance has been made availablepolicy") a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain contained a standard mortgagee clause naming the Company and originator of such Revolving Credit Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon thereon, as of the date of origination, due have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or unit in a planned unit development ("PUD") project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not condominium or PUD project was covered by a "master" or "blanket" hazard policy and there exists and is in the Servicing File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Revolving Credit Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;FNMA Guide; EXECUTION COPY ** Confidential treatment requested

Appears in 1 contract

Samples: Servicing Agreement (E Loan Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.10. If upon origination 5.10 or Section 5.11 of the Mortgage Loan[ ] Agreement. All such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and and, to the knowledge of Redwood Trust, all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's ’s cost and expense, and on the such Mortgagor's ’s failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required by state law case of a condominium or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of unit in a planned unit developmentdevelopment (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Seller/Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The hazard insurance policy is contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), as insured mortgagee. Such policies are the valid and binding obligation obligations of the insurer, is in full force and effectand, and will be in full force and effect and inure to the benefit knowledge of Redwood Trust, all premiums thereon have been paid. The insurance policy provides for advance notice to the Seller/Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller/Servicer’s interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon “master” policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFNMA Guide;

Appears in 1 contract

Samples: Indenture (Sequoia Mortgage Funding Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, as of the Cut-off Date all buildings or other improvements upon the Mortgaged Property are were insured by a generally acceptable insurer against loss by fire, hazards of extended coverage meeting Accepted Origination Practices, as well as the additional requirements set forth in Section 3.13 of the Pooling and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Administration. All individual insurance policies contain a standard mortgagee clause naming the Company Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days prior written notice to such mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this the Pooling and Servicing Agreement. The Company Responsible Party has not engaged in, and has no knowledge of the Mortgagor's of, any mortgagors' or any Subservicer's servicers' having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyResponsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2005-10)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood "hazard insurance has been made availablepolicy") a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b ) in the Mortgagor. Where required case of a condominium or PUD project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Service Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage or share loan is covered under such policy. The insurance policy covering contains a standard mortgagee clause naming the common facilities originator of a planned unit developmentsuch Mortgage Loan (and its successors and assigns), as insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFNMA Guide;

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other ---------------- improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to FNMA against loss by fire, hazards fire and such other risks as are usually insured against in the broad form of extended coverage and such other hazard insurance available from time to time, including flood hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If if upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and if flood insurance was required by federal regulation and such flood insurance has been made available). All such insurance policies (collectively, the "hazard insurance policy") a flood insurance policy meeting meet the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms Administration, conform to the requirements of Section 4.10the FNMA Seller's Guide and the FNMA Servicers' Guide, and are a standard policy of insurance for the locale where the Mortgaged Property is located. All individual The amount of the insurance policies contain is at least in the amount of the full insurable value of the Mortgaged Property on a replacement cost basis or the unpaid balance of the Loan, whichever is less. The hazard insurance policy names (and will name) the Obligor as the insured and contains a standard mortgagee loss payable clause naming the Company in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage obligates the Mortgagor Obligor thereunder to maintain the hazard insurance policy at the MortgagorObligor's cost and expense, and on the MortgagorObligor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorObligor's cost and expense, and to seek reimbursement therefor from the MortgagorObligor. Where required by state law or regulation, the Mortgagor Obligor has been given an opportunity to choose the carrier of the required hazard insuranceAMRESCO RESIDENTIAL CAPITAL MARKETS, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit developmentINC. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Continuing Loan Purchase Agreement 02/25/97 Page 15

Appears in 1 contract

Samples: Continuing Loan Purchase Agreement (United Panam Financial Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer in the secondary market against loss by fire, hazards of extended coverage and such other hazards coverage, as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as well as all additional requirements set forth in effect which policy conforms to the requirements of Section 4.10Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicerservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitationsuch policy. Without limiting the generality of the preceding sentence, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (ABFC 2006-Opt1 Trust)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae guides or by Xxxxxxx Mac, as well as all additional requirements set forth in the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Approved Underwriting Guidelines. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (amended, and such flood insurance has been made available) the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac, as well as all additional requirements set forth in the requirements of Section 4.10Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" ” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any Subservicer's servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithersuch policy, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, in an amount which is at least equal to the requirements lesser of Section 4.10(i) the maximum insurable value of the improvements securing such First NLC Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the First NLC Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each First NLC Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms with a generally acceptable insurance carrier rated A:VI or better in Best's in an amount representing coverage equal to the requirements lesser of Section 4.10(i) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as amended. All individual insurance policies contain a standard mortgagee clause naming the Company First NLC and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He6)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 1999 1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary set forth in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Residential Servicing Agreement. If upon origination required by the Flood Disaster Protection Act of 1973, as amended, the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect Administration, which policy conforms to FNMA, as well as all additional requirements set forth in the requirements of Section 4.10Residential Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Mortgage Loan obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The To the best knowledge of the Seller, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. No action, inaction or event has occurred and no state of facts exists or has existed that has resulted or could result in the exclusion from, denial of, or defense to coverage under any hazard insurance policy. The Company Seller has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanySeller;

Appears in 1 contract

Samples: Purchase and Warranties Agreement (Peoples Preferred Capital Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all ---------------- buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expenseexpenxx, and xxx to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Structured Asset Securities Corporation)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.10. If upon origination 5.10 or Section 5.11 of the Mortgage LoanPHH Agreement. All such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and and, to the knowledge of RWT Holdings, all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's ’s cost and expense, and on the such Mortgagor's ’s failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required by state law case of a condominium or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of unit in a planned unit developmentdevelopment (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Seller/Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The hazard insurance policy is contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), as insured mortgagee. Such policies are the valid and binding obligation obligations of the insurer, is in full force and effectand, and will be in full force and effect and inure to the benefit knowledge of RWT Holdings, all premiums thereon have been paid. The insurance policy provides for advance notice to the Seller/Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller/Servicer’s interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon “master” policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyFNMA Guide;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming located, and to the requirements extent required by the related Borrower as of Section 4.10. If upon the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Mortgage Loan with respect to each Mortgage Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If any portion of the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made is available) , a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to with a generally acceptable insurance carrier, in an amount representing coverage not less than the requirements least of Section 4.10(1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Company and related Borrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. No such notice has been received by any Borrower. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Borrower has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by 62 any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Company;Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (New York Mortgage Trust Inc)

Hazard Insurance. Pursuant With respect to Mortgage Loans other than Cooperative Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Xxxxxx Xxx and Xxxxxxx Mac. If If, upon origination of the Mortgage Loan (other than a Cooperative Loan), the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Xxxxxx Mae and Xxxxxxx Mac. With respect to each Cooperative Loan, the related Cooperative Project is insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Cooperative Project is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;or

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, fire and hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.104.11 hereof. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.104.11 hereof. All individual insurance policies contain a standard mortgagee clause naming (or that will name) the Company and its successors and assigns as mortgagee, and all currently due premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Accredited Home Lenders Holding Co)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to Xxxxxx Xxx or Freddie Mac against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located located, pursuant to insurance policies conforming to the requirements of either Section 4.105.10 or Section 5.11. If upon origination of the Mortgage LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made availablepolicy”) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Company originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Seller or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" renewed, or "blanket" hazard insurance policy covering if any other change that adversely affects the common facilities Seller’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyXxxxxx Xxx Guide;

Appears in 1 contract

Samples: Servicing and Trust Agreement (GSAA Home Equity Trust 2007-9)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Acoustic Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xection 2.10 of the requirements of Section 4.10Interim Servicing Agreement, dated as November 1, 2004 between Acoustic and GSMC (the "Interim Servicing Agreement"). All individual insurance policies contain a standard mortgagee clause naming the Company Acoustic and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He6)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10the Xxxxxx Xxx. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) ), a flood insurance policy meeting the requirements of the current guidelines of the Federal federal Flood Insurance Administration is in effect effect, which policy conforms to the requirements of Section 4.10all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the Company Xxxxxx and its respective successors and assigns as mortgagee, and all premiums thereon have been paid. The Each Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Xxxxxxxxx’s cost and expense, and to seek reimbursement therefor of such cost and expense from the Mortgagor. Where required by state law or regulation, the each Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The Each hazard insurance policy is the valid and binding obligation of the insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this AgreementTransaction. The Company Seller has not engaged in, and has no knowledge of the any Mortgagor's or any Subservicer's ’s having engaged in, any act or omission which that would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;effect

Appears in 1 contract

Samples: Servicing Rights Purchase and Sale Agreement (Finance of America Companies Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for generally in the area where secondary market, as well as all additional requirements set forth in Section 2.10 of the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Fremont Interim Servicing Agreement. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available) amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is as in effect which policy conforms to effect, as well as all additional requirements set forth in Section 2.10 of the requirements of Section 4.10Fremont Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Company Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company Responsible Party has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eithereither including, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the CompanyResponsible Party;

Appears in 1 contract

Samples: Indemnification and Contribution Agreement (Sabr Trust 2005-Fr2)

Hazard Insurance. Pursuant With respect to Mortgage Loans other than Cooperative Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10Fannie Mae xxx Xxeddie Mac. If upon Xx, xpon origination of the Mortgage Loan (other than a Cooperative Loan), the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.10Fannie Mae xxx Xxeddie Mac. All individual Xxxx respect to each Cooperative Loan, the related Cooperative Project is insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Cooperative Project is located pursuant to insurance policies conforming to the requirements of Fannie Mae xxx Xxeddie Mac. Xxx xndividual insurance policies contain a standard mortgagee clause naming the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, with respect to Mortgage Loans other than Cooperative Loans, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicersubservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including including, without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2005-5n)

Hazard Insurance. Pursuant With respect to the terms of the Mortgageeach Mortgage Loan, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Fannie Mae and Freddie Mac against loss by fire, hazards of extended extxxxxx coverage and such xxx xxxh other hazards as are customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.103.03. If upon origination of the Mortgage Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration is in effect which policy conforms to the requirements of Section 4.103.03. All individual insurance policies contain a standard mortgagee clause naming the Company originator of the Mortgage Loan and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Company has not engaged in, and has no knowledge of the Mortgagor's or any Subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Company;.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National City Mortgage Capital Trust 2008-1)

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