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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 37 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)
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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 22 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
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 provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Sectiox 0.00 of the Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xectiox 0.00 of the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 17 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Msac 2006-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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge (based upon reasonable and diligent inquiry) of the Mortgagor'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, commission, 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 Seller;
Appears in 16 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator 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 upon the consummation of the transactions contemplated by this Agreement. The Seller Originator has not engaged in, and has no knowledge of the Mortgagor's ’s or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 SellerOriginator;
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-C), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator 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 Seller Originator has not engaged in, and has no knowledge of the Mortgagor's or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 SellerOriginator;
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont 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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 5 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Purchase Agreement (Structured Adjustable Rate Mortgage Loan Rate)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 5 contracts
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (LXS 2007-3), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
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 provided for in the Underwriting GuidelinesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller NC Capital Corporation 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 Seller NC Capital Corporation has not engaged in, and has no knowledge of the Mortgagor'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 either, including, without limitation, no unlawful fee, commission, 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 SellerNC Capital Corporation;
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc2), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Dep Series 2002-Hq), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
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 provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Seller as of 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 100% of the replacement cost of all improvements 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. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (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, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller 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 30 days’ prior written notice to the mortgagee. No such notice has been received by the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (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 as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming provision that names the Seller Purchaser and its successors and assigns as mortgageemortgagee upon the transfer of the Mortgage File to the Custodian, 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located, and to the extent required by Seller as of the date of origination consistent with the Guide, 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 one hundred percent (100)% of the replacement cost of all improvements to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Guide. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (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, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Stonegate Mortgage 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 the GMAC-AmNet Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-4), 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 Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for generally in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 SellerResponsible Party;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2), Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)
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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 Trust upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller has or Servicer if the policy is canceled or not engaged inrenewed, or if any other change that adversely affects the Seller’s interests is made; the certificate includes the types and has no knowledge amounts of coverage provided, describes any endorsements that are part of the Mortgagor's having engaged in, any act or omission which “master” policy and would impair be acceptable pursuant to 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, commission, 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 SellerXxxxxx Mae Guides;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)
Hazard Insurance. Pursuant Mortgagor shall, at its sole expense, obtain for, deliver to, assign to and maintain for the terms benefit of Bank, until Borrower’s Liabilities are paid in full, policies of hazard insurance in an amount which shall be not less than 100% of the Mortgage, all buildings or other improvements upon full insurable replacement cost of the Mortgaged Property are insured by (other than the Land) insuring, on a generally acceptable insurer replacement cost basis, the Mortgaged Property against loss by or damage on a “special cause of loss” form, such insurable hazards, casualties and contingencies as are included therein and otherwise as Bank may require, including without limitation fire, windstorm, rainstorm, vandalism, earthquake and, if all or any part of the Mortgaged Property shall at any time be located within an area identified by the government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. Mortgagor shall pay promptly when due any premiums on such insurance policies and on any renewals thereof. The form of extended coverage such policies and such other hazards as are provided for in the Underwriting Guidelinescompanies issuing them shall be acceptable to Bank. If required any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All such policies and renewals thereof shall be held by Bank and shall contain a “Bank’s loss payable” clause making losses payable to Bank. Losses shall not be payable to any other party without Bank’s prior written consent. In the National Flood Insurance Act event of 1968loss, Mortgagor will give immediate written notice to Bank and Bank may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Bank as amended, each Mortgage Loan is covered by a flood insurance policy meeting its attorney-in-fact). In the requirements event of the current guidelines foreclosure of this Mortgage or any other transfer of title to the Federal Insurance Administration as Mortgaged Property in effect which policy conforms with full or partial satisfaction of Borrower’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the Underwriting Guidelinespurchaser or grantee. All individual insurance such policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgageeshall provide that they shall not be modified, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder cancelled or terminated without at least thirty (30) days’ prior written notice 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 Bank 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;.
Appears in 2 contracts
Samples: Credit Agreement (Quixote Corp), Credit Agreement (Quixote Corp)
Hazard Insurance. Pursuant to The Mortgage Loan is covered by a policy of hazard insurance and insurance against other insurable risks and hazards as are customary in the terms of the Mortgage, all buildings or other improvements upon area where the Mortgaged Property are insured is located as required by the applicable Agency Guides and in accordance with Guarantor’s underwriting guidelines and the Agency Guides, as applicable, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property and (ii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property or such maximum lesser amount as permitted by the applicable Agency Guides and applicable law, all in a form usual and customary in the industry. If any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurer against loss by fireinsurance carrier, hazards in an amount representing coverage not less than the least of extended coverage (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property and such other hazards as are provided for in (3) the Underwriting Guidelines. If required by maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Guarantor, 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 Guarantor. 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 that 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. None of Seller, 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 Seller Guarantor or their respective Subsidiaries has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;, Guarantor or their respective Subsidiaries.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the MortgageDeclaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the Unit or the Common Elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s(s’) share of such excess shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. If under Paragraph 18 hereof the Property is acquired by Lender, all buildings right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the Property prior to the sale or other improvements upon acquisition shall pass to Lender to the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 2 contracts
Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 insurance policy provides for advance notice to the 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 "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xx xxxwxxxge of the Mortgagor, any Subservicer or any prior originator or 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, commission, 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
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 provided for in the Underwriting Guidelinescoverage. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy policy, meeting the requirements of the current guidelines Federal Insurance Administration, as well as all additional requirements set forth in Section 2.10 of the Federal Insurance Administration Servicing Agreement attached hereto as in effect which policy conforms with the Underwriting Guidelines. Exhibit B. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp), Mortgage Loan Purchase and Warranties Agreement (D&n Capital Corp)
Hazard Insurance. Pursuant (a) TRUSTOR will keep the SECURITY insured by a standard all risk property insurance policy equal to the replacement value of the SECURITY (adjusted every five (5) years by appraisal, if requested by the TOWN). If the SECURITY is located in a flood plain, TRUSTOR shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent TRUSTOR from becoming a co- insurer under 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 provided for policy. The insurance carrier providing this insurance shall be licensed to do business in the Underwriting Guidelines. If required State of California and be chosen by TRUSTOR subject to approval by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesTOWN. All individual insurance policies contain and renewals thereof will be in a form acceptable to the TOWN, and will include a standard mortgagee clause naming the 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 with standard lender’s endorsement in favor of the holder of the Mortgage First Lender Note and the TOWN as their interests may appear and in a form acceptable to obtain the TOWN. The TOWN shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and TRUSTOR shall promptly furnish to seek reimbursement therefor the TOWN, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices, and all receipts of paid premiums. In the event of loss, TRUSTOR will give prompt notice to the insurance carrier and the TOWN or its designated agent. The TOWN, or its designated agent, may make proof of loss if not made promptly by TRUSTOR. The TOWN shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the TOWN in writing, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the SECURITY damaged. If permitted by TOWN, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under the Resale Restriction Agreement, with the excess, if any, paid to TRUSTOR. If the SECURTY is abandoned by TRUSTOR or if TRUSTOR fails to respond to the TOWN, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to TRUSTOR that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity TOWN, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the TOWN’s option either to restoration or repair of the required hazard insuranceSECURITY or to pay amounts due under the Resale Restriction Agreement. If the SECURITY is acquired by the TOWN, provided the policy is not a "master" or "blanket" hazard all right, title, and interest of TRUSTOR in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the SECURITY prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is TOWN to the valid and binding obligation extent of the insurersums secured by this DEED OF TRUST immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights of the Purchaser upon First Lender.
(b) During the consummation course of any rehabilitation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge improvements located on the PROPERTY TRUSTOR shall hire only licensed contractors who maintain the following forms of the Mortgagor'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, commission, 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 Seller;insurance:
Appears in 2 contracts
Samples: Performance Deed of Trust and Security Agreement, Performance Deed of Trust and Security Agreement
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 provided for in the Underwriting GuidelinesGuidelines and by lenders of similar mortgage loans in the secondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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 such policy including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 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 provided for in would be acceptable to a prudent lender making mortgage loans similar to the Underwriting GuidelinesMortgage Loans. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with that would be acceptable to a prudent lender making mortgage loans similar to the Underwriting GuidelinesMortgage Loans. All individual insurance policies contain a standard mortgagee clause naming the 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 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 No Seller has not engaged in, and or has no any knowledge of the Mortgagor's or any 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 either includingsuch policy, without limitation, no unlawful fee, commission, 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 any Seller;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-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, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge (based upon reasonable and diligent inquiry) of the Mortgagor'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, commission, 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
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 provided for would be required by a prudent lender making mortgage loans similar to the MLN Mortgage Loans as well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesInterim Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each MLN Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of a prudent lender making mortgage loans similar to the MLN Mortgage Loans, as well as all additional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller MLN 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 GSMC upon the consummation of the transactions contemplated by this the MLN Agreement. The Seller MLN has not engaged in, and has no knowledge of the Mortgagor's or any 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 either includingsuch policy, without limitation, no unlawful fee, commission, 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 SellerMLN;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-He7)
Hazard Insurance. Pursuant to 7.1 Buyer shall keep 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, by hazards included within the terms “extended coverage” of extended coverage policies, and such by any other hazards as are provided for which lender reasonably requires insurance. The policy or policies providing insurance shall be in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968amounts and for periods that Lender reasonably requires, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain shall include a standard mortgagee clause naming the Seller and its successors and assigns as mortgageemortgage clause, and all premiums thereon have been paidshall be issued by insurance carrier(s) chosen by Borrower, but approved by Lender, who shall not unreasonably withhold approval. The Mortgage obligates the Mortgagor thereunder to maintain the hazard When Lender requests in writing, Borrower shall give Lender (as Lender may choose) either a certificate of 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 Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereincarrier), or the validity policy itself (or a true copy of it).
7.2 When the Property suffers an insured loss, Borrower shall promptly notify Lender and binding effect timely file proof of either includingloss with the carrier. Lender also may file proof of loss.
7.3 Unless Lender and Borrower otherwise agree in writing, without limitationinsurance proceeds shall be applied to restoration or repair of the Property, no unlawful fee, commission, kickback if restoration 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 entityrepair is economically feasible, and if Lender’s security is no lessened. If restoration or repair is not economically feasible, or if Lender’s security would be lessened, insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower.
7.4 If Borrower abandons Property, of if within 30 days after Lender gives Borrower written notice (mailed to the Property Address) as to the willingness of the insurance carrier to pay or settle a claim, Borrower des not contract Lender about such unlawful items have been receivedclaim, retained Lender may collect insurance proceeds payable upon such claim. Lender then may either use such proceeds to restore or realized repair the Property, or to apply them to the sums secured by this Mortgage, whether or not then due. Lender shall pay Borrower any excess, by check mailed to the Seller;Property Address.
7.5 Unless Lender and Borrower otherwise agree in writing, application of proceeds to principal shall not extend or postpone the due date of monthly periodic payments required by this Mortgage or the Note, or change the amount(s) of such payments.
7.6 If Lender acquires the Property by foreclosure, Lender also shall acquire Borrower’s right to insurance policies and their proceeds, but only to the extent of unpaid sums secured by this Mortgage.
Appears in 2 contracts
Samples: Real Estate Mortgage (Grem Usa), Real Estate Mortgage (Grem Usa)
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 provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 ox xhe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 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 Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor'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, commission, 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 SellerSellers or the Company;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under Paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 2 contracts
Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 is, as of the related Closing Date, the valid and binding obligation of the insurer, is in full force and effect, and such hazard insurance policy 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Trust Property (as defined in the Trust Agreement) insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Trust Association or other owners’ association governing the Trust Property maintains a “master” or “blanket” policy for the Trust Property in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property, subject to approval by Lender; provided that such approval shall not be unreasonably withheld or delayed. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Trust Agreement, insurance proceeds shall first be applied to restoration or repair of the Trust Property damaged. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Trust Association decides to disburse such excess, Borrower’s share of such excess shall then be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not extend or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under Paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Trust Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 2 contracts
Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)
Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used for any purpose other than that for which the terms said Premises are hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (if commercially available and/or required by Landlord's failure Lender), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building, including the Premises, as determined by Landlord's insurance company's appraisers. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain workers compensation and maintain such public liability and property damage insurance at such Mortgagor's cost for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and expenseproperty damage. Tenant shall name Landlord as an additional insured, 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 shall deliver a copy of the policies and renewal certificates to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required hazard insurance, provided to cover future risks customarily insured against by reasonably prudent businesses in Tenant's industry located in the policy is not a "master" Santa Clarx-Xxx Jose xxxa. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or "blanket" hazard insurance policy covering a condominiumdamage occasioned to the Landlord or the Tenant as the case may be, 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;Premises
Appears in 2 contracts
Samples: Lease Agreement (8x8 Inc), Lease Agreement (8x8 Inc)
Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under Paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 2 contracts
Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)
Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Master Deed and/or Time Sharing Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under paragraph 17 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 2 contracts
Samples: Sale Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)
Hazard Insurance. Pursuant Wendover will cause 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 provided be maintained for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered such fire, flood and hazard insurance as required by a flood insurance policy meeting Applicable Requirements; provided, however, notwithstanding the requirements foregoing, the provisions of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesMortgage Note and Mortgage will govern. All individual insurance policies contain a standard The mortgagee clause naming will be reflected as running to the Seller benefit of Client, its successor and assigns, as follows: "Client, its successors and assigns assigns, c/o Wendover Financial Services Corporation", at such address as mortgageeWendover will designate in writing from time to time. Any amounts collected by Wendover under any such policies will be paid over or applied by Wendover in accordance with Applicable Requirements whether for the restoration or repair of the Mortgaged Property, and all premiums thereon have been paidor applied to reduce the Mortgage Loan. The Mortgage obligates Wendover will not interfere with the Mortgagor thereunder Mortgagor's freedom of choice in selecting either an insurance carrier or agent upon any policy renewal; provided, however, that upon any such policy renewal, Wendover will accept insurance policies only from insurance companies that meet the written requirements of Xxxxxx Xxx. Wendover will not be required to maintain the hazard original insurance policy at for any Mortgaged Property; provided, however, that in the Mortgagor's cost and expense, and on the Mortgagor's failure event that Wendover is required to do soso by Applicable Requirements, authorizes the holder of the Mortgage to Wendover will obtain and maintain such insurance policies covering the greater of (i) the last known coverage paid for by Mortgagor, or (ii) the unpaid principal balance of the Mortgage Note. If Wendover is unable to collect from the Mortgagor the cost of such policies, Client will pay Wendover such amounts in accordance with Article IV hereof. Notwithstanding anything in this Agreement to the contrary, Wendover may at such Mortgagor's cost any time and expensefrom time to time solicit Mortgagors for accident, health, life, property or casualty insurance and other miscellaneous services (with the exception of refinancing), and to seek reimbursement therefor from the Mortgagor. Where required any fees payable 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 insurer will be in full force and effect and inure to the benefit exclusive property of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;Wendover.
Appears in 2 contracts
Samples: Sub Servicing Agreement (Great Lakes Capital Acceptance LLC), Sub Servicing Agreement (Great Lakes Capital Acceptance LLC)
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 Xxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 3.09. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms to the requirements of Section 3.09. All premiums that were due and payable with respect to such hazard insurance policies on or prior to the Underwriting GuidelinesClosing Date have been paid. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 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 Seller Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any 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 includingeither, 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 SellerCompany;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Sale and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)
Hazard Insurance. Pursuant to Borrower shall keep the terms of Property and all improve- ments now existing or hereinafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, all hazards of included within the term "extended coverage coverage", and such any other hazards as are provided for which the Lender requires insurance. This insurance shall be maintained in the Underwriting Guidelinesamounts and for the periods that Lender may re- quire. If required The carrier providing the insurance shall be chosen by the National Flood Insurance Act of 1968Borrower subject to Lender's reasonable approval. All insurance policies and renewals shall be in a form that is accept- able to the Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, as amended, each Mortgage Loan is covered by a flood insurance policy meeting and shall be deemed to be the requirements attorney-in-fact of the current guidelines Borrower for the purpose of settling, com- promising, or otherwise dealing with any such policies or the proceeds there from, and is hereby appointed attorney in fact for said purposes, said ap- pointment to be deemed to be coupled with an interest and irrevocable. Bor- rower shall promptly give the Lender all receipts of paid premiums and renew- al notices. In the event that Borrower shall fail to provide such paid re- ceipts, or in the event that the Lender is notified by the insurer of cancel- lation of coverage, Lender may insure the premises, at the expense of the Federal Insurance Administration Borrower, on a "flat basis" or otherwise with an insurer of the Lender's se- lection, in such amounts and at such premium charges as the Lender may deter- mine to be available or reasonable, and any such policy may provide that the Lender is the only named insured thereunder and that the Borrower shall have no benefit of insurance under any such policy, nor any claim thereon whatso- ever in effect which policy conforms the event of loss. In the event of loss, Borrower shall promptly give notice to the Lender and cooperate with the Underwriting GuidelinesLender in all matters of settlement. All individual Lender may make proof of loss on any such policy. Unless Lender and Borrower otherwise agree in writing, insurance policies contain a standard mortgagee clause naming proceeds shall be (1) ap- plied to restoration or repair of the Seller and its successors and assigns as mortgageeProperty damages if: (A) restoration or repair is economically feasible, (B) the Borrower is fully current in all obligations of payment, and (C) the Lender's security interest is not less- ened thereby (as determined in the sole subjective evaluation of the Lender), and then (2) otherwise paid to the Lender. In the event that the Lender de- termines repair or restoration not to be economically feasible, or in the event that the Borrower is not fully current in the Borrower's obligations to the Lender, then the Lender may at the Lender's option demand that all premiums thereon have been paidinsur- ance proceeds be applied to the sums secured by this Security Agreement, whether or not then due, with any excess paid to the Borrower. The Mortgage obligates Lender may accept any tender of settlement from an insurance carrier upon thirty days written notice to the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure Borrower of his intention to do so, authorizes and Borrower shall have no claim against the holder Lender or the insurer whatsoever thereafter. Unless otherwise agreed in writing, any application of proceeds of principal shall not exceed or postpone the due date of the Mortgage monthly payments referred to obtain in paragraph 1 and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from 2 or change the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier amount of the required hazard insurance, provided payments. If the policy Property is not a "master" or "blanket" hazard insurance policy covering a condominiumacquired by the Lender, or any hazard insurance policy covering sold to a third party by the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation Lender by execu- tion of the insurerPower of Sale or otherwise, is in full force and effect, and will be in full force and effect and inure all Borrower's rights to any insur- ance policies or proceeds shall pass to the benefit of Lender or to any purchaser and the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has Borrower shall have no knowledge of the Mortgagor'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, commission, 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 Seller;further claim thereon.
Appears in 1 contract
Samples: Mortgage Deed and Security Agreement
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 covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the applicable Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies 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, 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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 such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, 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 Seller, in any case, to the Seller;extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by (i) an FHA approved insurer with respect to each FHA Loan, (ii) a VA approved insurer with respect to each VA Loan or (iii) a generally acceptable insurer against loss by fire, hazards of fire and extended coverage and coverage for such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of the Servicing Agreement and of FHA and VA, if applicable. If required upon origination of the Eligible Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of the Servicing Agreement and of FHA and VA, if applicable. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor Borrower thereunder to maintain the hazard insurance policy at the Mortgagor's Borrower’s cost and expense, and on the Mortgagor's Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Borrower’s cost and expense, and to seek reimbursement therefor from the MortgagorBorrower. Where required by state law or regulation, the Mortgagor Borrower 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 Seller has not engaged in, and has no knowledge of the Mortgagor's Borrower’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, commission, 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 Seller;either.
Appears in 1 contract
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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 insurance policy provides for advance notice to the 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 "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge knxxxxxxe of the Mortgagor, any Subservicer or any prior originator or 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, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)
Hazard Insurance. Pursuant to Tenant shall, at all times during the terms Term of the Mortgagethis Lease, at Tenant's expense, maintain insurance on all buildings or other and improvements upon on the Mortgaged Property are insured by a generally acceptable insurer Premises against loss by firefire and lightning, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is risks covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration what is commonly known as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller extended coverage, malicious mischief and its successors and assigns as mortgageevandalism, and all premiums thereon have been paidother risks or direct physical loss in an amount equal to the full replacement value on a replacement form basis, of such buildings and improvements. The Mortgage obligates policy or policies evidencing such insurance shall be written by a company or companies authorized to do business in the Mortgagor State of Wisconsin (i) shall name Landlord and Tenant as insureds thereunder to maintain the extent of the interest in the Premises; (ii) shall contain effective waivers of subrogation; and (iii) shall provide that losses shall be paid as their respective interests may appear. At the request of Landlord, a mortgagee clause may be included in the policies covering Landlord's mortgagee, if any. The policies shall provide that the same may not be canceled or altered except upon thirty (30) days prior written notice to Landlord and to Landlord's mortgagees, if any. Tenant shall furnish insurance against loss of rents due to the occurrence of any casualty or hazard in the amount of all rent payments, taxes, assessments and insurance policy at the Mortgagor's cost and expensepremiums required hereunder for a twelve (12) month period, and on shall provide separate contents insurance for all of Tenant's personal property, removable or trade fixtures, furnishings, and equipment and insurance against breakage of all plate glass used in the MortgagorBuilding and improvements located in the Premises. At Tenant's failure sole option, Tenant may self insure Tenant's personal property, removable trade fixtures, furnishings, and equipment. Tenant shall furnish Landlord with a certificate or certificates of all insurance policies required to be carried and maintained by Tenant within sixty (60) days after Landlord's demand therefore. Tenant shall procure renewals thereof at least thirty (30) days prior to the expiration dates of the respective policies. All such insurance shall be procured from a responsible insurance company or companies authorized to do so, authorizes business in the holder State of the Mortgage to obtain and maintain such Wisconsin. Any insurance at such Mortgagorrequired of Tenant under this Lease shall further provide that Landlord'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 interest under the policy is will 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 invalidated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair of, or any breach of warranty or covenant in the coverage policy by Tenant, or by the use of the Premises for purposes more hazardous than is permitted by the policy. In the event Tenant shall at any time fail, neglect or refuse to procure or renew insurance and keep the same in full force as provided for in this Lease, then Landlord may, at Landlord's election, procure or renew such insurance, and any amounts thereof by Landlord shall constitute a part of Additional Rent due at the next rent day after any such payment, together with interest at the Lease Interest Rate as provided herein. Landlord and Tenant hereby waive all claims for recovery from the other party for any loss or damage (whether or not such loss or damage is caused by the negligence of the other party and, notwithstanding any provision or provisions obtained in the Lease to the contract) to any person or property insured under valid and collectible insurance policies to the extent of any recovery collectible under such policyinsurance, subject to the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, 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 limitation that this waiver shall apply only when it is permitted by the Seller;applicable policy of insurance.
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, 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 policies of the required hazard insurance, provided the policy is in an amount which shall be 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 less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, 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 feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time 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 located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser LaSalle Bank National Association April 20, 2005 Page 6 or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.
Appears in 1 contract
Samples: Credit Agreement (Quixote 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 insurance policy provides for advance notice to the 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 "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xxxxxexxx of the Mortgagor, any Subservicer or any prior originator or 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, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
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 provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont and its successors and assigns as mortgagee, and all premiums thereon txxxxxx 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 was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor has not engaged in, and has no knowledge of the Mortgagor'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 such policy including, without limitation, no unlawful fee, commission, 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 SellerDepositor;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)
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 provided for in the Underwriting GuidelinesFannie Mae Guides or in the Fxxxxxx Xxx Guides, as well as all xxxxxxxnal requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae Guides and Freddie Xxx Xuxxxs, as well as all xxxxxxxnal requirements set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor's Mortgagor or any servicer 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 such policy, including, without limitation, no unlawful fee, commission, 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gsamp Trust 2003-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 provided for in the Approved Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Approved Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator 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 [*] 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 Seller;.
Appears in 1 contract
Samples: Master Repurchase 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 an insurer acceptable insurer to the FHA, VA or GNMA as applicable in accordance with the requirements thereof against loss by fire, hazards of included within an extended coverage liability policy and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance is required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by federal regulation and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current applicable guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the 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 flood insurance, if applicable, 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 and, if applicable, flood 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 on behalf of the GNMA upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;either.
Appears in 1 contract
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 provided for in the Underwriting Guidelines. Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 of the Interim Servicing Agreement attached hereto as Exhibit B. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect effect, which policy conforms with to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 of the Underwriting Guidelines. Interim Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor's or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Hazard Insurance. Pursuant Mortgagor shall keep or cause to the terms of the Mortgage, all buildings or other improvements upon keep the Mortgaged Property are and any and all alterations, rebuilding, replacements and additions thereto, insured for the benefit of Mortgagee pursuant to policies which shall be written on a broad form Builder's All Risk, Completed Value non-reporting form, which shall include coverage therein for “completion and/or premises occupancy” and provide coverage of not less than coverage encompassed by Fire, Extended Coverage and Vandalism and Malicious Mischief perils broadened to so-called “Direct or All Risk of Physical Loss” (hereinafter collectively called the “Hazards and Risks”), all in formats reasonably approved by Mortgagee and in an amount equivalent to one hundred percent (100%) of the full insurable value thereof with such insurance to provide for the full replacement cost excluding the footings and foundations below the lower basement floor undersurface, or if there is no basement, that surface which is below ground level; without deduction for depreciation. All policies shall also include an “agreed amount endorsement.” Such insurance shall not contain any clause which would result in the insured thereunder being required to carry insurance with respect to the property covered thereby in an amount equal to the minimum specific percentage of the full replacement cost of such property in order to prevent the insured therein named from becoming a generally acceptable co-insurer against of any loss by fire, hazards of extended coverage and under such other hazards as are policy. All insurance herein provided for shall cite Mortgagee as a first mortgagee/loss payee and shall be obtained by Mortgagor (notwithstanding the procurement of other insurance policies by other persons or parties and relating to the Mortgaged Property) and carried in companies reasonably approved by or reasonably satisfactory to Mortgagee. Notwithstanding the foregoing, Mortgagor shall have the right of free choice in the Underwriting Guidelinesselection of the agent or insurer through or by which the insurance required hereunder is to be placed; provided, however, said insurer must be authorized to write such insurance in the State of Connecticut, must have a licensed resident agent in this State and must have, at all times while this Mortgage is in effect, a general policyholder's rating of A or A+ in Best's latest rating guide. If required All policies, including additional and renewal policies, shall contain an agreement by the National Flood Insurance Act of 1968insurer that such policy shall not be modified or cancelled without at least thirty (30) days prior written notice to Mortgagee, as amendedand all renewal policies, each Mortgage Loan is covered by a flood insurance policy meeting marked premium paid, shall also be delivered to Mortgagee at least thirty (30) days before the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesexpiration thereof. All individual insurance policies contain a standard mortgagee clause naming policies, including additional and renewal policies, shall be payable, in case of loss or damage, to Mortgagee as the Seller and its successors and assigns as first mortgagee, and shall contain the standard mortgage endorsement and non-contributing mortgagee clause as well as standard waiver of subrogation endorsement, and waiver of other endorsements, as Mortgagee may reasonably require from time to time, all to be in form reasonably acceptable to Mortgagee and shall be supplied to Mortgagee together with a paid receipted bxxx for a minimum of a one year premium. If Mortgagee shall in any manner acquire title to the Mortgaged Property, it shall thereupon become the sole and absolute owner of all insurance policies held by or required hereunder to be delivered to Mortgagee, with the sole right to collect and retain all unearned premiums thereon have been paidand dividends. In the event of any loss, Mortgagor will give prompt notice thereof to Mortgagee. Mortgagor hereby authorizes Mortgagee, at its option, and is hereby constituted and appointed the true and lawful attorney-in-fact of Mortgagor, in the name and stead of Mortgagor, but in the uncontrolled discretion of said attorney, to collect, adjust and compromise any losses in excess of $10,000.00 (the “Threshold Amount”) under any of the insurance policies, to endorse Mortgagor's name on any document or instrument in payment of any insured loss in excess of the Threshold Amount and, after deducting the costs of collection, to apply the proceeds, at Mortgagee's sole option, as follows: (i) as a credit upon the indebtedness secured hereby, whether or not the same shall be then due and payable, or (ii) to repairing or restoring the Mortgaged Property or any part thereof, in which event, Mortgagee shall not be obligated to see to the proper application thereof, nor shall the amount so released or used be deemed a payment on any Indebtedness as secured hereby and, if any amounts are applied to principal, they shall be applied to installments in inverse order of maturity. The Mortgage obligates Mortgagee reserves the right to increase the amount of any insurance coverage required hereunder to an amount deemed reasonably necessary by the Mortgagee and to approve the form and content of all insurance policies evidencing such coverage. Any failure on the part of the Mortgagee to secure physical evidence of any insurance required herein shall not relieve 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;its responsibilities hereunder.
Appears in 1 contract
Samples: Open End Mortgage Deed, Security Agreement and Fixture Filing (Sachem Capital Corp.)
Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, 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 or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, 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 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 that 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 Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor 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 includingeither, including without limitation, no unlawful fee, commission, 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 SellerSeller or Servicer;
Appears in 1 contract
Samples: Mortgage Loan Sale and Assignment Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)
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 provided customarily insured against for in the Underwriting Guidelinessimilar types of Mortgaged Property. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan the Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesAdministration. All individual insurance policies contain a standard mortgagee clause naming the Seller us and its our successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Asset obligates the Mortgagor mortgagor thereunder to maintain the hazard insurance policy at the Mortgagormortgagor's cost and expense, and on the Mortgagormortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagormortgagor's cost and expense, and to seek reimbursement therefor therefore from the Mortgagormortgagor. Where required by state law or regulation, the Mortgagor 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 of our knowledge, 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 Seller 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. We have not engaged in, and has have no knowledge of the Mortgagormortgagor'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, commission, 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 Seller;us.
Appears in 1 contract
Samples: Master Participation and Servicing Agreement (Provident Financial Group Inc)
Hazard Insurance. Pursuant to the terms of the Mortgage(a) Borrower shall, 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, obtain and on maintain insurance upon and relating to all insurable Property by all-risk insurance policies and, if requested by Lender, shall include perils of collapse, flood, as well as other insurance coverages, in amounts equal to one hundred percent (100%) of the Mortgagor's failure replacement cost of the Improvements during the construction thereof and at least one hundred percent (100%) of the replacement cost of the Improvements not under construction, or in such additional amounts as Lender may reasonably require, with loss made payable to Lender and with a standard form mortgage clause. Borrower shall deliver the policies of insurance to Lender promptly as issued; and, if Borrower fails to do so, authorizes the holder of the Mortgage to obtain and maintain such failure continues beyond any applicable cure period, Lender, at its option, may procure such insurance at such MortgagorBorrower's cost expense. Lender shall have the right to hold the policies, and expenseBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. All renewal and substitute policies of insurance shall be delivered at the office of Lender, premiums paid, at least ten (10) days before termination of policies previously delivered to Lender.
(b) In the event of loss, Borrower shall give immediate written notice to the insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in and prosecute any action arising from such, insurance policies, to collect and receive insurance proceeds, and to seek reimbursement therefor deduct there from Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided, however, that nothing contained in this Section 6.05 shall require Lender to incur any expense or take any action under this Instrument. Where required Borrower further authorizes Lender, at Lender's option, (i) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property, or (ii) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth herein.
(c) If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of any proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialman and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Lender may require. If the carrier insurance proceeds are applied to the payment of sums secured by this instrument, any such application of proceeds to principal shall not extend or postpone the due date of the required hazard insuranceinstallments referred to in Sections 2.03 and 6.07 or change the amounts of such installments. If the Property is sold pursuant to Section 8.03 or if Lender acquires title to the Property, provided Lender shall have all rights, title, and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the policy is not a "master" proceeds resulting from any damage to the Property prior to such sale or "blanket" hazard insurance policy covering a condominiumacquisition.
(d) In case of loss, or any hazard insurance policy covering Lender, as it determines in its sole and absolute discretion, shall be entitled to receive and retain the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation proceeds of the insurerinsurance policies, is applying the same to payment of the Indebtedness in full force such order and effectmanner as Lender, in its sole and will absolute discretion, may elect. If any loss shall occur at any time when an Event of Default exists, Lender shall be in full force and effect and inure entitled to the benefit of all insurance held by or for any Borrower, to the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged insame extent as if it had been made payable to Lender, and has no knowledge upon foreclosure under this Instrument. Lender shall become the owner of the Mortgagor'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, commission, 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 Seller;all insurance policies.
Appears in 1 contract
Samples: Mortgage (Greenbriar Corp)
Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagor's failure full cost of said insurance as evidenced by insurance xxxxxxxx to do soLessor.. If said insurance xxxxxxxx cover the Premises, authorizes and Lessee does not occupy the holder entire Premises, the insurance premiums and deductibles shall be allocated to the portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage 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 parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance. Lessee agrees to pay to the transactions contemplated by this Agreement. The Seller has not engaged inLessor as additional Rent, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policyon demand, the benefits full cost of said insurance as evidenced by insurance xxxxxxxx to the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will Lessor which shall 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 Seller;included in Lessee's monthly CAC.
Appears in 1 contract
Hazard Insurance. Pursuant With respect to the terms of Loans, either (i) the Mortgage, all buildings or other improvements upon a Mortgaged Property are covered by a valid and existing fire and hazard insurance policy with a generally acceptable carrier that provides for extended coverage customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fireis located, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan that is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms endorsed with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming with losses payable to Seller or REO Entity, as applicable, in an amount that is at least equal to the lesser of (A) the unpaid principal balance of such Loans, (B) the full insurable value of the Mortgaged Property, or (C) the minimum amount required to compensate for damage or loss on a replacement cost basis; or (ii) the related Servicer maintains a blanket policy that insures against fire and hazards and provides for extended coverage on the Loans for which no insurance of the type described in clause (i) exists and which names Seller or REO Entity, as applicable, as loss payee and its successors and assigns as mortgageeprovides for coverage in an amount equal to the aggregate unpaid principal balance of all such Loans, and all premiums thereon have been paidwithout co-insurance. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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, expense and to seek reimbursement therefor therefore from the Mortgagor. Where If required by state law or regulationthe terms of the applicable Loan, the Mortgagor related Servicer has been given an opportunity to choose established and maintained escrow accounts for the carrier collection 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 premiums from the common facilities of a planned unit developmentMortgagor as permitted by applicable law. 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 Buyer’s benefit upon the benefit sale of the Purchaser upon beneficial interests in the consummation Loans to Buyer. Such insurance policy requires prior notice to Seller or the related Servicer of termination or cancellation, and no such notice has been received. Seller, REO Entity and the transactions contemplated by this Agreement. The Seller has related Servicer have not engaged in, and neither Seller nor REO Entity has no any knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement any endorsements provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, 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 Seller;either
Appears in 1 contract
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment 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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Fannie Mae and Freddie Mac. If required upon origination of the Mortgage Loan, thx Xxxxgxxxd Proxxxxx xas in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Fannie Mae and Freddie Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approvxx Xxxod Policy Xxxxxxr. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 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 Seller Company has not engaged in, and has no knowledge of the Mortgagor'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 includingeither, including without limitation, no unlawful fee, commission, 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 SellerCompany;
Appears in 1 contract
Hazard Insurance. Pursuant to The Property securing the terms of the MortgageLoan is insured by a fire and extended perils insurance policy, all buildings or other improvements upon the Mortgaged Property are insured issued by a generally acceptable insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where such Property is located, and to the extent required by Seller as of the date on which the Loan was originated, and against other risks insured against by Persons operating like properties in the locality of such Property, in an amount not less than the greatest of (a) one hundred percent (100%) of the replacement cost of all improvements to such Property, or (b) the outstanding principal balance of the Loan, all in a form usual and customary in the industry and that is in full force and effect, and all amounts required to have been paid under any such policy have been paid. If required any portion of such Property is in an area identified by any Federal governmental authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (a) the outstanding principal balance of the Loan, (b) the full insurable value of the Property, and (c) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Loan), 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 Seller has not engaged in, and has no knowledge of the MortgagorBorrower'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, commission, 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 Seller. Seller has caused or will cause to be performed any and all acts required to preserve the Seller;rights and remedies of Buyer in any insurance policies applicable to the Loan including, without limitation, any necessary notifications of insurers, assignments of policies or interests therein, and establishments of coinsured, joint loss payee and mortgagee rights in favor of Buyer.
Appears in 1 contract
Samples: Master Loan Sale Agreement
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 provided for in the Underwriting GuidelinesFannie Mae Guides or by Fredxxx Xxc, xs well as all additixxxx xxquirements set forth in Section 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae and Freddie Mac, as welx xx xlx xxxxxxxnal requirements set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller New Century Mortgage Corporation 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 Seller NC Capital Corporation has not engaged in, and has no knowledge of the Mortgagor'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 either, including, without limitation, no unlawful fee, commission, 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 SellerNC Capital Corporation;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Cert Ser 2004 Nc1)
Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby Leased, and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. The Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Leased Premises in amounts not to exceed the actual insurable value of said Premises as determined by Lessor, with proceeds payable to Lessor. The Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagor's failure full cost of said insurance as evidenced by insurance xxxxxxxx to do so, authorizes the holder of Lessor. If said insurance xxxxxxxx cover the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expenseentire building, and to seek reimbursement therefor from this Lease does not cover the Mortgagor. Where required by state law or regulationentire building, the Mortgagor has been given an opportunity insurance premiums and deductibles allocated to choose the carrier Leased Premises shall be pro-rated on a square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the Commencement Date and Termination Date of this Lease. Lessor and Lessee hereby waive any rights each may have against the required hazard insurance, provided other related to any loss or damage caused to the policy is not a "master" Lessor or "blanket" hazard insurance policy covering a condominiumthe Lessee as the case may be, or to the Premises or its contents, and which may arise from any hazard insurance policy covering the common facilities of a planned unit developmentrisk generally covered by fire and extended coverage insurance. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against the insurerLessor or the Lessee, is as the case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor. Lessee shall reimburse Lessor for the full cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;said rental loss insurance coverage.
Appears in 1 contract
Samples: Lease (Lynuxworks 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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming named by the 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
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 an insurer who meets Fannxx Xxx xxx/or Fredxxx Xxx guidelines against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of the Underwriting Guidelines. 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 was required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered 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 Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller loan originator or the Borrower and its respective 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 Lender upon the consummation of the transactions contemplated by this Loan Agreement. The Seller Borrower has not engaged in, and has no knowledge of the Mortgagor'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, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any an attorney, firm or other person or entity, entity and no such unlawful items have been received, retained or realized by the SellerBorrower;
Appears in 1 contract
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby Leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. The Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in an amount equal to the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. The Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor. It is understood and agreed that Lessee's failure obligation under this paragraph will be prorated to do soreflect the Commencement Date and Termination Date of this Lease. Notwithstanding any provisions to the contrary in the Lease, authorizes Lessor and Lessee hereby waive any rights each may have against the holder of other related to any loss or damage caused to the Mortgage Lessor or the Lessee as the case may be, or to obtain and maintain such insurance at such Mortgagor's cost and expensethe Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage 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 parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against the insurerLessor or the Lessee, is as the case may be. Lessor shall maintain in full force and effect, a policy of rental loss insurance, in an amount equal to the amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor unless Lessee notifies Lessor in writing that Lessee will provide the loss of rents coverage required herein. Lessee shall reimburse Lessor for the full cost of said rental loss insurance coverage. Lessee may provide all of the policies of insurance required in Section 6 provided the policies meet the standards of Lessor below and will are paid in full by Lessee:
a. certificates evidencing the insurance required hereunder shall be deposited with Lessor thirty (30) days prior to the Commencement Date, and upon each renewal of such policies, shall be effective not less than thirty (30) days prior to the expiration date of the term of such coverage,
b. shall be in full force a form reasonably satisfactory to Lessor and effect and inure shall provide all of the coverage required in Section 6,
c. shall be carried with companies with a Best Rating of A+ minimum,
d. shall specifically provide that such policies shall not be subject to cancellation, reduction of coverage or other change except after at least thirty (30) days' prior written notice to Lessor,
e. shall name Lessor, a lender with a security interest in the Premises identified to Lessee by Lessor, as additional insureds by endorsement to policy to the benefit extent of the Purchaser upon the consummation full replacement cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge Premises,
f. shall provide the insurance proceeds are payable to Lessor,
g. shall provide that Lessee assumes responsibilities of the Mortgagor'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, commission, 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 Seller;Lessor in Section 19 with regard to maintaining insurance.
Appears in 1 contract
Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which the terms said Premises am hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (at Landlord's failure election), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building as determined by Landlord's insurance company's appraisers. The Tenant agrees to pay to the Landlord as additional rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to the Landlord, and in the event of damage covered by said insurance, the amount of any deductible under such policy. Tenant shall have the to specify the amount of any insurance policy to be carried by Landlord under this Lease and shall reimburse Landlord for the premiums payable with respect to insurance policies for which Tenant is responsible containing the deductible so specified by Tenant or on insurance policies for which Tenant fails to specify a deductible amount within ten (10) days following Landlord's written demand for such deductible specification. In the event of damage to the Premises covered by Landlord's "all risk" casualty policy (and not caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents, contractors, subcontractors, or invitees), Tenant shall pay the amount of any deductible under such policy if this Lease is not terminated in connection with such casualty as provided in paragraph 28. Payment shall be due to Landlord within ten (10) days after written invoice to Tenant. Notwithstanding the foregoing, Tenant's obligation to pay for the cost of any earthquake insurance premiums shall be limited to an amount equal or less than four (4) times the cost of the fire and extended coverage premiums. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain worker's compensation and maintain public liability and property damage insurance for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and property damage. Tenant shall name Landlord and Landlord's lender as an additional insured, shall deliver a copy of the policies and renewal certificate to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance at such Mortgagorwhich may be reasonably required to cover future risks. It is understood and agreed that Tenant's cost obligation under this paragraph will be prorated to reflect the commencement and expensetermination dates of this Lease. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to the Landlord or the Tenant as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk covered by state law or regulationtheir respective insurance policies, 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 developmentas set forth above. The hazard parties shall use their best efforts to obtain from their respective 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 Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage companies a waiver of any such policy, right of subrogation which said insurance company may have against the benefits of the endorsement provided for herein, Landlord or the validity and binding effect of either includingTenant, without limitation, no unlawful fee, commission, 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 as the Seller;case may be.
Appears in 1 contract
Samples: Sublease (Concentric Network Corp)
Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of included within the term “extended coverage coverage”, and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require and, if the Property is located in an area designated by or on behalf of the Underwriting GuidelinesUnited States of America as having specific flood hazards shall also keep such improvements insured against loss by flooding; provided, that at all times the amount of such coverage shall be in an amount at least equal to the original Principal amount of the debt secured hereby or 100 percent of the replacement value of the improvements located on the Property, whichever is the lesser. If required In determining the replacement value of such improvements, the Lender may either accept the value placed on the improvements by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered insurer or use the value placed on such improvements by a flood insurance policy meeting the requirements Lender's appraisal of the current guidelines Property. Such insurance shall pay in full the amount of any partial or total loss to the Federal Insurance Administration as in effect which policy conforms with full amount of such insurance and shall be otherwise sufficient to prevent the Underwriting GuidelinesBorrower from being a co-insurer. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Xxxxxx; provided, that such approval shall not be unreasonably withheld. All individual insurance policies contain and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller right to hold the policies and its successors renewals thereof, and assigns as mortgageeBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. If a loss occurs, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. All sums payable under the insurance policies are hereby assigned and shall be paid to Lender, and all sums received by Borrower on account of the policies shall be promptly paid over to Lender. At the option of Lender, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired, or if such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Xxxxxxxx, or if Xxxxxxxx fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender’s option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. If Borrower fails to pay any insurance premiums thereon have been paidwhen due, Lender may, at its option, pay said premiums on behalf of Borrower, in which case, Borrower shall promptly reimburse Lender. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy Any amounts so advanced by Xxxxxx shall bear interest at the Mortgagor's cost rate of five percent per annum and expense, and on be added to the Mortgagor's failure to do so, authorizes the holder amount of the Mortgage to obtain debt secured by this Deed of Trust. If under paragraph 21 hereof the property is acquired by Lender, all right, title and maintain such insurance at such Mortgagor's cost and expense, interest of Borrower in and to seek reimbursement therefor any insurance policies and in and to the proceeds thereof resulting from damage to the Mortgagor. Where required by state law Property before the sale or regulation, acquisitions shall pass to Lender to the Mortgagor has been given an opportunity to choose the carrier extent 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately before such sale 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, commission, 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 Seller;acquisition.
Appears in 1 contract
Samples: Purchase Money Deed of Trust
Hazard Insurance. Pursuant to Grantor shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage," rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under the Master Agreement, or by Grantor making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Grantor shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least 20 days prior to the expiration date of a policy, Grantor shall deliver to Lender written notice of any significant changes to a policy and 10 days prior to the expiration date of a policy, Grantor shall deliver to Lender a copy of a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Grantor shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Grantor to Lender. In the event of loss, Grantor shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Grantor hereby authorizes and empowers Lender as attorney-in-fact for Grantor to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Grantor further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Grantor for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument, is whether or not then due, in full force and effectthe order of application set forth in the Master Agreement (subject, and will be in full force and effect and inure however, to the benefit rights of the Purchaser upon lessor under the consummation of the transactions contemplated by ground lease if this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;Instrument is on a leasehold).
Appears in 1 contract
Samples: Deed of Trust (Town & Country 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 an insurer who meets Xxxxxx Xxx and/or Xxxxxxx Mac guidelines against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of the Underwriting Guidelines. 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 was required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered 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 Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller loan originator or the Borrower and its respective 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 condominiumcondominum, 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 Lender upon the consummation of the transactions contemplated by this Loan Agreement. The Seller Borrower has not engaged in, and has no knowledge of the Mortgagor'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, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any an attorney, firm or other person or entity, entity and no such unlawful items have been received, retained or realized by the SellerBorrower;
Appears in 1 contract
Samples: Master Loan and Security 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 extended coverage and such other hazards as are provided for in the Underwriting GuidelinesGuidelines and by lenders of similar mortgage loans in the secondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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 such policy including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)
Hazard Insurance. Pursuant to The Mortgage Property is covered by a policy of hazard insurance and insurance against other insurable risks and hazards as are customary in the terms of the Mortgage, all buildings or other improvements upon area where the Mortgaged Property are insured is located in such amounts as required by a generally acceptable insurer against loss by firethe applicable Approved Investor and in accordance with the Seller’s underwriting guidelines and the Agency Guides, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinesapplicable. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Agency Guides. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee. No notice of reduction, and all termination or cancellation 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, 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller, in any case to the Seller;extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, 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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at 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 sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, 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 policies of the required hazard insurance, provided the policy is in an amount which shall be 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 less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, 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 feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time 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 located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser LaSalle Bank National Association April 20, 2005 Page 45 or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.
Appears in 1 contract
Samples: Credit Agreement (Quixote 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 covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Approved Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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 such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, 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 Seller, in any case, to the Seller;extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket 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 provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac. If required by the National Flood Insurance Xxxxxxnxx Act of 1968, as amendedax xxxxxed, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae and Freddie Mac requirements. All individual insurance policies contain policxxx xxnxxxn a standard sxxxxxxx mortgagee clause naming the Seller 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 was in full force and effect and inure inured, to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Mortgagor'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 either including, without limitation, no unlawful fee, commission, 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 SellerDepositor;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2005-4)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located, as well as all additional requirements set forth in Section 2.10 of the Interim Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect, as well as all additional requirements set forth in effect which policy conforms with Section 2.10 of the Underwriting GuidelinesInterim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums currently due thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without thirty (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 purchase transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
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 as well as all additional requirements set forth in Section 3.13 of the Pooling and such other hazards as are provided for in the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae as well as all additionax xxxxixxxents set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Option One 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 Seller Option One has not engaged in, and has no knowledge of the Mortgagor's any Mortgagor or any servicer 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 either, including, without limitation, no unlawful fee, commission, 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 SellerOption One;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of Xxxxxx Xxx. All individual insurance policies contain a standard mortgagee clause naming the 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
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 against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Fanxxx Xxe guides or by Frexxxx Xxc, as well as all additional requirements set forth in the Approved Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to Fanxxx Xxe and Frexxxx Xxc, as well as all additional requirements set forth in the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 Seller;.
Appears in 1 contract
Samples: Master Repurchase Agreement (Home Point Capital Inc.)
Hazard Insurance. Pursuant to (a) Supplementing the terms provisions of Sections 4.22 and 6.5 of the MortgageCredit Agreement, all buildings Trustor shall keep the Improvements now existing or other improvements upon hereafter erected on the Mortgaged Property are insured by a generally acceptable insurer carriers at all times reasonably satisfactory to Beneficiary against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as Beneficiary shall reasonably require and in such amounts and for such periods as Beneficiary shall reasonably require. Trustor shall purchase policies of insurance with respect to the Property with such insurers, in such amounts and covering such risks as shall be reasonably satisfactory to Beneficiary. In determining the reasonableness of Beneficiary's request, the amounts and types of insurance coverages that are provided for generally carried by similarly situated businesses, as determined by Beneficiary, shall be presumed to be reasonable. Trustor shall cause all insurance (except general public liability insurance) carried in accordance with this PARAGRAPH 4 to be payable to Beneficiary as a mortgagee and not as a coinsured, and, in the Underwriting Guidelines. If required case of all policies of insurance carried by each lessee for the National Flood Insurance Act benefit of 1968Beneficiary, if any, to cause all such policies to be payable to Beneficiary as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesBeneficiary's interest may appear. All individual premiums on insurance policies contain heretofore set forth (the "PREMIUMS") shall be paid promptly when due. Trustor shall deliver to Beneficiary, within twenty (20) days of Beneficiary's request, a standard mortgagee clause naming the Seller and its successors and assigns as mortgageecertificate of Trustor's insurance agent, and that all premiums thereon Premiums have been paid. The Mortgage obligates paid and that 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 policies are in full force and effect.
(b) All insurance policies and renewals thereof shall be in a form reasonably acceptable to Beneficiary and shall include a standard mortgagee clause in favor of and in form acceptable to Beneficiary. Beneficiary shall have the right to hold the policies, and will be in full force Trustor shall promptly furnish to Beneficiary all renewal notices and effect and inure all receipts of paid Premiums. At least thirty (30) days prior to the benefit expiration date of a policy, Trustor shall deliver to Beneficiary, at Beneficiary's request, evidence that the policy has been renewed or a new policy issued, and that all Premiums relating thereto have been paid, in a form reasonably satisfactory to Beneficiary.
(c) In the event of loss, Trustor shall give prompt written notice to the insurance carrier and to Beneficiary and, subject to Trustor's right to reinvest the net proceeds resulting therefrom pursuant to the Credit Agreement, all net proceeds resulting therefrom shall be applied to the payment of the Purchaser upon Secured Obligations pursuant to the consummation Credit Agreement.
(d) If the Property is sold pursuant to PARAGRAPH 40 hereof or if Beneficiary acquires title to the Property, Beneficiary shall have all of the transactions contemplated by this Agreement. The Seller has not engaged inright, title and has no knowledge interest of Trustor in and to any insurance policies and unearned premiums thereon and in and to the Mortgagor's having engaged in, proceeds resulting from any act damage to the Property prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 1 contract
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Fannie Mae and Freddie Mac. If required upon origination of the Mortgage Loan, thx Xxxxgxxxd Proxxxxx xas in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Fannie Mae and Freddie Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approvxx Xxxod Policy Xxxxxxr. All individual insurance policies contain a standard mortgagee clause naming the 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
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 provided for by prudent lenders in the Underwriting Guidelinessecondary mortgage market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those of prudent lenders in the Underwriting Guidelinessecondary mortgage market. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator 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 Seller Originator has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any 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 includingeither, 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 SellerOriginator;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)
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 provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac. If required by the National Flood Insurance Xxxxx Ixxxrance Act of 19681000, as xx amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae and Freddie Mac requirements. All individual insurance policies contain a standard xxxxxixx contaxx x xxandard mortgagee clause naming the 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 Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Mortgagor'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 either including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
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 provided for in the Approved Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Approved Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator 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 [***] 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any 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 either such policy, including, without limitation, no unlawful fee, commission, 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 Seller;.
Appears in 1 contract
Samples: Master Repurchase 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 provided for well as all additional requirements set forth in the Underwriting GuidelinesSection 3.13 of this Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all addxxxxxxl xxquirements set forth in Section 3.13 of this Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Responsible Party and its successors and assigns as mortgagee, and all premiums due and payable 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 Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor's any Mortgagor 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, commission, 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2004-Op1)
Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least thirty days prior to the expiration date of a policy, Borrower shall deliver to Lender a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Borrower shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Borrower to Lender. In the event of loss, Borrower shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof (subject, however, to the rights of the lessor under the ground lease if this Instrument is on a leasehold). If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone 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 due dates of the insurer, monthly installments referred to in paragraphs 1 and 2 hereof or change the amounts of such installments. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof or if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from any damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 1 contract
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 provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 ox xhe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 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 Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor'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, commission, 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 SellerSellers or the Company;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-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, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae, as well as all additional requirements set forth in Section 0.00 of the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 Neither the Responsible Party nor the Seller has not Trusts have engaged in, and has no nor have any knowledge of the Mortgagor's any Mortgagor or any servicer 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, commission, 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 SellerSeller Trusts or the Responsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2004-Opt)
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 provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont 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 was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor has not engaged in, and has no knowledge of the Mortgagor'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 such policy including, without limitation, no unlawful fee, commission, 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 SellerDepositor;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelines. If required manner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the National Flood Insurance Act of 1968carrier, or in such other manner as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as Lender may designate in effect which policy conforms with the Underwriting Guidelineswriting. All individual insurance policies contain and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgagee mortgage clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller and its successors and assigns as mortgageeright to hold the policies, and Borrower shall promptly furnish to Lender all premiums thereon have been paidrenewal notices and all receipts of paid premiums. The Mortgage obligates At least thirty days prior to the Mortgagor thereunder expiration date of a policy, Borrower shall deliver to maintain Lender a renewal policy in form satisfactory to Lender. In the hazard event of loss, Borrower shall give immediate written notice to the insurance policy at the Mortgagor's cost carrier and expenseto Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and on the Mortgagor's failure compromise any claim under insurance policies, to do so, authorizes the holder of the Mortgage to obtain appear in and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument, is whether or not then due, in full force the order of application set forth in paragraph 3 hereof. If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and effectrepair of the Property the Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an architect satisfactory to Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and will be in full force and effect and inure satisfaction of liens as Lender may reasonably require. If the insurance proceeds are applied to the benefit payment of the Purchaser upon sums secured by this Instrument, any such application of proceeds to principal shall not extend or postpone the consummation due dates of the transactions contemplated by this Agreementmonthly installments referred to in paragraphs 1 and 2 hereof. The Seller has not engaged inIf the Property is sold pursuant to paragraph 27 hereof or if Lender acquires title to the Property, and has no knowledge Lender shall have all of the Mortgagor's having engaged inright, title and interest of Borrower in and to any act insurance policies and unearned premiums thereon and in and to the proceeds resulting from damage to the Property prior to such sale 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, commission, 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 Seller;acquisition.
Appears in 1 contract
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 provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae, as well as all additionxx xxxuxxxments set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 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 Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's any Mortgagor or any servicer 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, commission, 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 SellerSellers or the Company;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of FNMA and FHLMC. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by 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 as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of FNMA and FHLMC. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Hazard Insurance. Pursuant to Owner will keep the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are Security insured by a generally acceptable insurer against loss standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by fireappraisal, hazards of extended coverage and such other hazards as are provided for in if requested by the Underwriting GuidelinesAuthority). If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan Security is covered by located in a flood insurance policy meeting plain, Owner shall also obtain flood insurance. Owner may meet any or all of the requirements of this Section through insurance obtained by a homeowners' association provided evidence is submitted to the current guidelines Authority that such insurance covers the Security. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Owner subject to approval by the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesAuthority. All individual insurance policies contain and renewals thereof will be in a form acceptable to the Authority and will include a standard mortgagee clause naming the 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 Mortgagorwith standard lender's cost and expense, and on the Mortgagor's failure to do so, authorizes endorsement in favor of the holder of the Mortgage First Lender Note and the Authority as their interests may appear and in a form acceptable to obtain the Authority. The Authority shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and Owner shall promptly furnish to seek reimbursement therefor the Authority, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Owner will give prompt notice to the insurance carrier and the Authority or its designated agent. The Authority, or its designated agent, may make proof of loss if not made promptly by Owner. The Authority shall receive thirty (30) days' advance notice of cancellation of any insurance policies required under this section. Unless the Authority and Owner otherwise agree in writing, insurance and condemnation proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the Security damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance and condemnation proceeds will be used to pay any amounts due under the Resale and Refinancing Restriction Agreement, with the excess, if any, paid to Owner, subject to the provisions of paragraph 19 of the Resale and Refinancing Restriction Agreement which restricts the amounts of insurance proceeds and condemnation proceeds payable to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the Authority, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to Owner that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity Authority, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the Authority's option either to restoration or repair of the required hazard insuranceSecurity or to pay amounts due under the Resale and Refinancing Restriction Agreement. If the Security is acquired by the Authority, provided the policy is not a "master" or "blanket" hazard all right, title and interest of Owner in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the Security prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is Authority to the valid and binding obligation extent of the insurersums secured by this Deed of Trust immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;First Lender.
Appears in 1 contract
Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of included within the term "extended coverage coverage", and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require and, if the Property is located in an area designated by or on behalf of the Underwriting GuidelinesUnited States of America as having specific flood hazards shall also keep such improvements insured against loss by flooding; provided, that at all times the amount of such coverage shall be in an amount at least equal to the original Principal amount of the debt secured hereby or 100% of the replacement value of the improvements located on the Property, whichever is the lesser. If required In determining the replacement value of such improvements, the Lender may either accept the value placed on the improvements by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered insurer or use the value placed on such improvements by a flood insurance policy meeting the requirements Lender's appraisal of the current guidelines Property. Such insurance shall pay in full the amount of any partial or total loss to the Federal Insurance Administration as in effect which policy conforms with full amount of such insurance and shall be otherwise sufficient to prevent the Underwriting GuidelinesBorrower from being a co-insurer. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All individual insurance policies contain and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller right to hold the policies and its successors renewals thereof, and assigns as mortgageeBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. If a loss occurs, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. All sums payable under the insurance policies are hereby assigned and shall be paid to Lender, and all sums received by Borrower on account of the policies shall be promptly paid over to Lender. At the option of Lender, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired, or if such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Xxxxxxxx, or if Xxxxxxxx fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. If Borrower fails to pay any insurance premiums thereon have been paidwhen due, Lender may, at its option, pay said premiums on behalf of Borrower, in which case, Borrower shall promptly reimburse Lender. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy Any amounts so advanced by Lender shall bear interest at the Mortgagor's cost rate of five percent (5%) per annum and expense, and on be added to the Mortgagor's failure to do so, authorizes the holder amount of the Mortgage to obtain debt secured by this Deed of Trust. If under paragraph 20 hereof the property is acquired by Lender, all right, title and maintain such insurance at such Mortgagor's cost and expense, interest of Borrower in and to seek reimbursement therefor any insurance policies and in and to the proceeds thereof resulting from damage to the Mortgagor. Where required by state law Property before the sale or regulation, acquisitions shall pass to Lender to the Mortgagor has been given an opportunity to choose the carrier extent 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 sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately before such sale 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, commission, 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 Seller;acquisition.
Appears in 1 contract
Samples: Purchase Money Deed of Trust
Hazard Insurance. Pursuant to The Mortgaged Property is covered by a policy of hazard insurance and insurance against other insurable risks and hazards as are customary in the terms of the Mortgage, all buildings or other improvements upon area where the Mortgaged Property are insured is located in such amounts as required by a generally acceptable insurer against loss by firethe applicable Approved Investor and in accordance with the Seller’s underwriting guidelines and the Agency Guides, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinesapplicable. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Agency Guides. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Guarantor, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee. No notice of reduction, and all termination or cancellation has been received by any Seller Party. 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, 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 No Seller Party has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 any Seller Party, in any case to the Seller;extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket 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 provided for in the Underwriting GuidelinesXxxxxx Mae Guides or by Xxxxxxx Mac. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Xxxxxx Mae or Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the 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 Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any 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 either includingsuch policy, without limitation, and no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ffa)
Hazard Insurance. Pursuant to Subrecipient/Mortgagor, at Subrecipient/Xxxxxxxxx's sole cost and expense, will maintain "all risk" insurance coverage on the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Improvements insuring against loss by fire, hazards of lightning, extended coverage perils and such other hazards risks and contingencies as are provided for in the Underwriting Guidelines. If may be required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood City/Mortgagee. Each such insurance policy meeting and the requirements of renewals thereof shall be written by an insurance carrier and in amounts satisfactory to the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies City/Mortgagee, contain a standard mortgagee noncontributory City/Mortgagee clause naming in favor of and in form acceptable to the Seller City/Mortgagee, and its successors be reasonably satisfactory to the City/Mortgagee in all other respects. Subject to any existing mortgage in effect and of record prior to this Mortgage, all such policies of insurance are and shall hereby be assigned, pledged and delivered to City/Mortgagee, and renewals of all such insurance policies shall be delivered to City/Mortgagee at least 30 days prior to the expiration of such policies. Subrecipient/Mortgagor hereby pledges and assigns to the City/Mortgagee, as mortgageeadditional security for the indebtedness and obligations secured hereby, all monies becoming payable under such insurance policies. If the Improvements or any part thereof shall be damaged or destroyed by fire or other casualty, Subrecipient/Mortgagor will promptly give written notice thereof to the insurance carrier and the City/Mortgagee, and all premiums thereon have been paid. The Mortgage obligates whether or not the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expenseproceeds, and if any, 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 Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage account of any such policydamage or destruction shall be paid to the Subrecipient/Mortgagor or are sufficient for the purpose, Subrecipient/Mortgagor shall, at Subrecipient/Mortgagor's expense, promptly commence and complete the benefits repair, restoration and rebuilding of the endorsement provided Improvements that are damaged or destroyed as nearly as possible to their value, condition and character immediately prior to such damage or destruction. Provided that Subrecipient/Mortgagor is not in default hereunder, City/Mortgagee agrees to make any such insurance proceeds paid or assigned to City/Mortgagee available to Subrecipient/Mortgagor for hereinsuch repairs, or restoration and rebuilding of the validity and binding effect of either including, without limitation, no unlawful fee, commission, 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 Seller;Improvements.
Appears in 1 contract
Samples: Mortgage and Security Agreement
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 provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the 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 insurance policy provides for advance notice to the 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 "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowledxx xx the Mortgagor, any Subservicer or any prior originator or 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, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)
Hazard Insurance. Pursuant The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy insuring any leasehold improvements paid for by Tenant and all fixtures, equipment, and other personal property of Tenant against damage or destruction by fire or other casualty in an amount equal to the terms full replacement cost of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer such property. Tenant shall also maintain insurance against loss by fire, hazards of extended coverage and such other hazards as are may from time to time reasonably be required by Landlord or the holder of any mortgage on the Premises, provided for that such insurance is customarily carried in the Underwriting Guidelinesarea in which the Premises are located on property similar to the Building and that Tenant receives written notice specifying all such additional insurance as may be required. If required by the National Flood Insurance Act At Landlord’s request, any such policies of 1968, insurance shall name any such mortgagee as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain loss payee under a standard mortgagee clause naming mortgagee’s clause. Notwithstanding the Seller foregoing, Tenant shall be permitted to self-insure its fixtures, equipment and its successors and assigns as mortgageeother personal property from time to time located in, on or about the Premises, and all premiums thereon have been paidleasehold improvements to the Premises constructed or installed by Tenant, provided that at all times when Tenant so self-insures the same or any portion thereof, Tenant’s net worth shall be and remain at least Twenty Million and 00/100 Dollars ($20,000,000.00). 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 During all periods in which Tenant so self-insures any 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 regulationsame, the Mortgagor has been given rights and obligations of Landlord and Tenant shall remain the same as if Tenant shall have purchased and kept in force thereon insurance from an opportunity to choose independent, institutional insurer of recognized responsibility, and, without limitation, the carrier provisions 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 Sections 10.2 and 11.5 of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is this Lease shall remain in full force and effect. The Tenant represents, by so self-insuring, that Tenant then is financially able to absorb any loss thereto without significant reduction of available capital or any other material, adverse effect on Tenant or its business operations, and will be that Tenant then is of at least such minimum net worth. The Landlord shall maintain in full force and effect and inure to throughout the benefit Lease Term a policy of the Purchaser insurance upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, Building and has no knowledge of the Mortgagor'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 its fixtures and binding effect of either including, without limitation, no unlawful fee, commission, 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 Seller;equipment.
Appears in 1 contract
Samples: Lease (Metabolix, Inc.)
Hazard Insurance. Pursuant to Each Mortgaged Property is insured as required by and in accordance with the terms Agency Guidelines. If any portion of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured is in an area identified by a generally acceptable insurer against loss by fireany federal Governmental Authority as having special flood hazards, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968flood insurance is available, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with a generally acceptable insurance carrier, in an amount representing coverage not less than the Underwriting Guidelinesleast of (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 Seller 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;.
Appears in 1 contract
Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, 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 or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, 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 that 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 Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor 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 includingeither, including without limitation, no unlawful fee, commission, 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 SellerSeller or Servicer;
Appears in 1 contract
Samples: Mortgage Loan Sale and Assignment Agreement (Greenpoint Mortgage Funding 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 provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paideffect. 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 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 either, including, without limitation, no unlawful fee, commission, 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Assignment Agreement (CWHEQ, Inc.)
Hazard Insurance. Pursuant (a) Starting with the Commencement Date and continuing throughout the Term of this Lease, Lessee shall pay to Lessor, or such other party as Lessor shall designate by written notice to Lessee, as Additional Rent, Lessee's Pro-Rata Share, as defined in Paragraph 12(e) hereof, of the premiums and other charges (the "Premiums") that may be incurred or contracted for or by Lessor for fire and casualty insurance coverage for the land and buildings of which the Leased Premises form a part, including protection from such perils as may be insured against under a broad form extended coverage endorsement or on all risk of physical loss policy, and further including loss of rental coverage in an amount equal to the terms Rent for one (1) Lease Year. The premiums for all insurance to be obtained by Lessor under this Paragraph 12
(a) shall be reasonably competitive with the premiums charged for similar insurance protection by reputable insurers for comparable properties. Lessee agrees that it will not store gasoline or other explosive, flammable or toxic material in the Leased Premises or do anything which may cause Lessor's insurance company to void the policy covering the Leased Premises or to increase the premium thereon, and that Lessee will immediately conform to all rules and regulations from time to time made or established by Lessor's insurance company or insurance rating bureau. Lessor will do everything reasonably possible and consistent with the conduct of Lessee's business to obtain the lowest possible rates for insurance on the Leased Premises. If, however, the cost to Lessor of obtaining insurance on the Leased Premises (or the building which the Leased Premises are located) is increased due to the Lessee's occupancy thereof, and the Lessor's insurer provides evidence that said increase is the direct cause of Lessee's occupancy, Lessee agrees to pay, promptly upon demand, as additional rental, any such increase.
(b) On or before the Commencement Date and before the due date of each and every bill for the Premiums, Lessor shall forward to Lessee an "Insxxxxce Statement" which shall contain an estimated statement 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 amount due from Lessee from time to time as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements Lessee's Pro-Rata Share of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesPremiums. All individual insurance policies contain a standard mortgagee clause naming the 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 MortgagorLessor's failure to do soforward, authorizes the holder or to timely forward, any Insurance Statement shall not excuse Lessee from its liability for Lessee's Pro-Rata Share 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 Seller has not engaged in, and has no knowledge of the Mortgagor'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, commission, 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 Seller;Premiums.
Appears in 1 contract
Samples: Assignment and Assumption of Leases (North American Vaccine Inc)
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 provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Borrower as of 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 required as of the date of origination in accordance with the Underwriting Guidelines. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (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, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and applicable 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 the applicable Borrower. 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 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 Seller has not No Borrowers have engaged in, and has no Borrowers have knowledge of the Mortgagor'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, commission, 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 Seller;a Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/)