Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 3 contracts
Samples: Loan Purchase Agreement, Loan Purchase Agreement, Loan Purchase Agreement
Hazard Insurance. For each LoanWith respect to Mortgage Loans other than Cooperative Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged PropertyXxxxxx Xxx and Xxxxxxx Mac. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceIf, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Mortgage Loan (other than a Cooperative Loan), the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. With respect to each Cooperative Loan, the related Cooperative Project is insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Cooperative Project is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable regulation, with respect to SellerMortgage Loans other than Cooperative Loans, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower Mortgagor’s or any subservicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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 Company;
Appears in 3 contracts
Samples: Assignment and Assumption (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4), Reconstituted Servicing Agreement (LMT 2006-4), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Ce Se 2003-12xs)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer generally acceptable Insurer under the Takeout Guidelines and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary required in the area where Takeout Guidelines pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Takeout Guidelines and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidthe requirements of the Takeout Guidelines. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any Subservicer or any prior 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 Seller.
Appears in 3 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement (Ryland Group Inc), Master Repurchase Agreement (Pulte Homes Inc/Mi/)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterUnderwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementswith the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the 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 Borrower 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.Xxxxxx Mae Guides;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterUnderwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementswith the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx provision that names the 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 Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 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 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary generally insured against in the area where jurisdiction in which the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located by a prudent lender making mortgage loans similar to the full insurable value Mortgage Loans, as well as all additional requirements set forth in Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to the standard a prudent lender would require, as well as all Applicable Requirementsadditional requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Sponsor upon the consummation of the transactions contemplated by this Agreement. Seller The Responsible Party has not engaged in, and has no knowledge of the Borrower 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, 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 Responsible Party;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2), Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1), Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2)
Hazard Insurance. For each Loan, pursuant to Borrower will 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 any other hazards for which the Grantor requires insurance. All policies of insurance hereunder will be from such companies and in such form and amounts as are customary in may be satisfactory to the area where Grantor, will name the Mortgaged Grantor as a loss payee and will include a provision requiring 30 days advance written notice to the Grantor prior to the termination or modification of such policy. All insurance policies and renewals must be acceptable to the Grantor and must include a standard mortgage clause. The Grantor may hold the policies and renewals and, if the Grantor requires, Borrower will promptly give to the Grantor all receipts of paid premiums and renewal notices. Upon the occurrence of a loss covered by insurance. Borrower will give prompt notice to the insurance carrier and the Grantor. The Grantor may make proof of loss if not made promptly by Xxxxxxxx. Insurance proceeds will be applied to restoration or repair of the Property damaged if the Grantor determines that the restoration or repair is economically feasible and the Grantor’s security is not lessened by such restoration or repair. In such event, the Grantor has the right to collect and hold the insurance proceeds and make the proceeds available to Borrower from time to time for the payment of the cost and expense of repair and restoration upon receipt of satisfactory evidence that such cost or expense has been incurred. If the Grantor determines that the restoration or repair is not economically feasible or the Grantor’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If Xxxxxxxx abandons the Property or does not answer within 30 days a notice from the Grantor that the insurance carrier has offered to settle a claim, then the Grantor may settle the claim with the insurance carrier and collect the insurance proceeds from the insurance carrier and may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. If under paragraph 19 the Property is located. Borrower must obtain coverage in an amount which is at least equal acquired by the Grantor, Xxxxxxxx’s right to any insurance policies and all insurance proceeds resulting from damage to the full insurable value Property prior to the Grantor’s acquisition shall pass to the Grantor to the extent of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower having engaged in, any act or omission which would impair the coverage of any Mortgage immediately prior to such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eitheracquisition.
Appears in 3 contracts
Samples: Regulatory Agreement, Urbana Home Consortium Community, Urbana Home Consortium
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments Fannie Mae Guides or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterby Freddie Mac. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a National Flood Xxxxxxnxx Act of 1968, ax xxxxxed, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsFannie Mae or Freddie Mac. All individual insurance policies contain a standard mortgagee clause xxxxxxrx xortgxxxx xxause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Assignor upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower 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, 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 Company;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ff8), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff3), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff4)
Hazard Insurance. For each LoanAs of the related Servicing Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable Insurer in accordance with Seller's Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage situated as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged PropertyInterim Servicing Agreement. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage As of the Mortgaged Property. In the case of flood insurancerelated Servicing Transfer Date, Borrower must obtain the amount of insurance that is if required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Seller's Underwriting Guidelines as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All As of the related Servicing Transfer Date, all individual insurance policies contain a standard mortgagee clause naming Xxxxxx the originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the related Servicing Transfer Date, the Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the related Servicing Transfer Date, the hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6)
Hazard Insurance. For each Loan, pursuant 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 FannieMae against loss by fire, hazards fire and such other risks as are usually insured against in the broad form of extended coverage and such other hazard insurance available from time to time, including flood hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If if upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and if flood insurance was required by federal regulation and such flood insurance has been made available),a flood available). All such insurance policy meeting policies (collectively, the "hazard insurance policy") meet the requirements of the current guidelines of the Federal Insurance & Mitigation Administration Administration, conform to the requirements of the FannieMae Seller's Guide and the FannieMae Servicers' Guide and are a standard policy of insurance for the locale where the Property is located. The amount of the insurance is at least in effect which the amount of the full insurable value of the Property on a replacement cost basis or the unpaid balance of the Mortgage Loan, whichever is less. The hazard insurance policy conforms to all Applicable Requirements. All individual insurance policies contain names (and will name) the Mortgagor as the insured and contains a standard mortgagee loss payable clause naming Xxxxxx in favor of the related Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required insurancehazard insurance policy, 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Trust upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any other party'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.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1), Pooling and Servicing Agreement (Amresco Residential Securities Corp), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary customarily insured against in the area jurisdiction where the related Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located and acceptable to the full insurable value Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterServicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to effect, as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He7)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Master Repurchase Agreement (M I Homes Inc), Master Repurchase Agreement (M I Homes Inc)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary set forth in the area where Residential Servicing Agreement attached hereto as Exhibit B. If required by the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Flood Disaster Protection Act of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance1973, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loanas amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect Administration, which policy conforms to FNMA, as well as all Applicable Requirements. additional requirements set forth in the Residential Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Mortgage Loan obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The To the best knowledge of the Seller, the hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. No action, inaction or event has occurred and no state of facts exists or has existed that has resulted or could result in the exclusion from, denial of, or defense to coverage under any hazard insurance policy. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: And Warranties Agreement (Peoples Preferred Capital Corp), And Warranties Agreement (Peoples Preferred Capital Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable Insurer to FNMA against loss by fire, hazards fire and such other risks (excluding mud slides and earthquakes) as are usually insured against in the broad form of extended coverage and such other hazard insurance from time to time available, including flood hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If if upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and if flood insurance was required by federal regulation and such flood insurance has been made available),a flood available). All such insurance policy meeting policies (collectively, the "hazard insurance policy") meet the requirements of the current guidelines of the Federal Insurance & Mitigation Administration Administration, conform to the requirements of the FNMA Sellers' Guide and the FNMA Servicers' Guide, and are a standard policy of insurance for the locale where the Mortgaged Property is located. The amount of the insurance is at least in effect which the amount of the full insurable value of the Mortgaged Property on a replacement cost basis or the unpaid balance of the Mortgage Loan, whichever is less. The hazard insurance policy conforms to all Applicable Requirements. All individual insurance policies contain names (and will name) the Obligor as the insured and contains a standard mortgagee loss payable clause naming Xxxxxx in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage obligates the Borrower Obligor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Obligor's cost and expense, and on the Borrower’s Obligor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Obligor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerObligor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Obligor 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower Obligor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either. In connection with the issuance of the hazard insurance policy, 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.
Appears in 2 contracts
Samples: Continuing Loan Purchase Agreement (Westmark Group Holdings Inc), Continuing Loan Purchase Agreement (Austin Funding Com Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards coverage, as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination required by the National Flood Insurance Act of the Loan1968, as amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all Applicable Requirementsadditional requirements set fxxxh in Xxxxxxx 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Option One and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. Seller Option One has not engaged in, and has no knowledge of the Borrower 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 Option One;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1)
Hazard Insurance. For each LoanWith respect to Mortgage Loans other than Cooperative Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged PropertyFxxxxx Mae and Fxxxxxx Mac. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceIf, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Mortgage Loan (other than a Cooperative Loan), the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Fxxxxx Mae and Fxxxxxx Mac. With respect to each Cooperative Loan, the related Cooperative Project is insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Cooperative Project is located pursuant to insurance policies conforming to the requirements of Fxxxxx Mae and Fxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable regulation, with respect to SellerMortgage Loans other than Cooperative Loans, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower Mortgagor’s or any subservicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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 Company;
Appears in 2 contracts
Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2006-12n), Reconstituted Servicing Agreement (LXS 2007-3)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac in an amount which is at least equal to not less than the full insurable value greatest of (i) 100% of the replacement cost of all improvements on to the Mortgaged Property. The policy must either include , (ii) the outstanding principal balance of the Mortgage Loan, or (iii) the amount necessary to avoid the operation of any co-insurance provisions for inflation adjustments or guaranteed replacement cost coverage of with respect to the Mortgaged Property. In the case of flood insurance, Borrower must obtain and consistent with the amount that would have been required as of insurance that is the date of origination in accordance with the required under the Applicable Requirements or the Guide, whichever is greaterby Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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 (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a fire and extended perils insurance policy, issued by a generally acceptable Insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal , and to the full insurable value extent required by Seller as of the improvements on date of acquisition, against earthquake and other risks insured against by Persons operating like properties in the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage locality of the Mortgaged Property. In , in an amount not less than the case lesser of flood insurance, Borrower must obtain (i) 100% of the amount insurable value and (ii) the outstanding principal balance of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterMortgage Loan. If upon origination any portion of the Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made available),a is reasonably available, a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration Emergency Management Agency is in effect which policy conforms to all Applicable Requirementswith a generally acceptable insurance carrier, in an amount representing coverage not less than the outstanding principal balance of the Mortgage Loan. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming Xxxxxx 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 that have become due on such insurance policy have been paid. The related Mortgage obligates the Borrower thereunder Mortgagor to maintain all such insurance policies and, at the Borrower’s cost and expense, and on the Borrowersuch Mortgagor’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrowersuch Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Fxxxxx Mae and Fxxxxxx Mac. Such flood insurance shall be with a Qualified Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower Mortgagor or any subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including without limitation, no unlawful fee, 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 Company;
Appears in 2 contracts
Samples: Warranties and Servicing Agreement (Sasco 2006-Bc3), Warranties and Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with a Qualified Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower Mortgagor or any subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including without limitation, no unlawful fee, 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 Company;
Appears in 2 contracts
Samples: Reconstituted Servicing Agreement (Sail 2006-3), Warranties and Servicing Agreement (Sasco 2006-Bc4)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal would be required by a prudent lender making mortgage loans similar to the full insurable value MLN Mortgage Loans as well as all additional requirements set forth in Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterInterim Servicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each MLN Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to the requirements of a prudent lender making mortgage loans similar to the MLN Mortgage Loans, as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx MLN and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the Borrowertxx Xxxxxxgor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser GSMC upon the consummation of the transactions contemplated by this the MLN Agreement. Seller MLN has not engaged in, and has no knowledge of the Borrower 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, 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 MLN;
Appears in 2 contracts
Samples: Representations and Warranties Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-He7)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Underwriting Guidelines. If required by the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to National Flood Insurance Act of 1968, as amended, or if upon origination of the full insurable value of Mortgage Loan, the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was were in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a hazards, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsXxxxxx Mae and Xxxxxxx Mac requirements. The amount of such insurance shall be no less than the least of (A) the actual unpaid principal balance of the Mortgage Loan, (B) the full insurable value and (C) the maximum amount of insurance which was available under the Flood Disaster Protection Act of 1983, as amended. Such policy was issued by an insurer acceptable under Xxxxxx Mae or Xxxxxxx Mac guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination uponorigination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 2 contracts
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary required in the area where Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidXxx. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each LoanAs of the related Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable Insurer in accordance with Seller's Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage situated as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged PropertyInterim Servicing Agreement. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage As of the Mortgaged Property. In the case of flood insurancerelated Transfer Date, Borrower must obtain the amount of insurance that is if required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Seller's Underwriting Guidelines as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All As of the related Transfer Date, all individual insurance policies contain a standard mortgagee clause naming Xxxxxx the originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the related Transfer Date, the Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore from the Borrowertherefor xxxx xxx Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the related Transfer Date, the hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He6)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae guides or by Xxxxxxx Mac, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (amended, and such flood insurance has been made available),a the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 thirty (30) days’ prior written notice to the mortgagee. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Caliber Home Loans, Inc.)
Hazard Insurance. For each Loan, pursuant The Mortgage Loan obligates the Mortgagor thereunder to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured maintain a hazard insurance policy issued by a generally acceptable Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage (“hazard insurance”) in an amount which is at least equal to the full insurable value lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are part of such Mortgaged Property on a replacement cost basis and (ii) the outstanding principal balance of the improvements on Mortgage Loan, in either case in an amount sufficient to avoid the Mortgaged Property. The policy must either include application of any “co-insurance provisions for inflation adjustments or guaranteed replacement cost coverage and consistent with the amount that would have been required as of the Mortgaged Property. In date of origination in accordance with the case Underwriting Guidelines”, and, if it was in place at origination of the Mortgage Loan, flood insurance, Borrower must obtain at the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterMortgagor’s cost and expense. If upon origination of the Loan, the Mortgaged Property was is in an area identified by any federal Governmental Authority in the Federal Register by as having special flood hazards, a flood insurance policy is in effect which met the requirements of Federal Emergency Management Agency as having special flood hazards (and at the time such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidwas issued. The Mortgage obligates the Borrower thereunder Mortgagor to maintain all the hazard insurance policies and, if applicable, flood insurance policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. The Mortgaged Property is covered by hazard insurance. The Hazard Insurance policies contain a standard mortgagee clause naming the applicable Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by Sellers. All premiums on such insurance policy have been paid. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. The applicable Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by Sellers.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary customarily insured against in the broad form of extended coverage hazard insurance available for properties in the area where the Mortgaged Property is located. Borrower must obtain coverage located in an amount which is at not less than the least equal of (i) the outstanding principal balance of the Mortgage Loan (together, in the case of a subordinate lien Mortgage Loan, with the outstanding principal balance of the senior mortgage(s), (ii) the minimum amount required to compensate for damage or loss on a replacement cost basis or (iii) the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the but in any event in no greater amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greateras may be allowed by applicable law. 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 federal regulation and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms in an amount not less than the least of (I) the outstanding principal balance of the Mortgage Loan (together, in the case of a subordinate lien Mortgage Loan, with the outstanding principal balance of the senior mortgage(s), (II) the minimum amount required to all Applicable Requirementscompensate for damage or loss on a replacement cost basis or (III) the maximum amount of insurance that is available under the Flood Disaster Protection Act of 1973. All individual insurance policies contain a standard mortgagee loss payable clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard Each insurance policy required hereunder is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser upon the consummation of the transactions contemplated by sale of the Mortgage Loan to Purchaser pursuant to this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither including, without limitation, the payment, retention, or realization of any unlawful fee, commission, kickback, or other unlawful compensation or value of any kind to or by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller.
Appears in 2 contracts
Samples: Master Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Master Servicing Agreement (American Residential Eagle Bond Trust 1992-2)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable Insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located, and to the extent required by Seller as of the date of origination consistent with the Underwriting Guidelines. Borrower must obtain coverage 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 insurance carrier, in an amount which is at representing coverage not less than the least equal to of (1) the outstanding principal balance of the Mortgage Loan (2) the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of , and (3) the Mortgaged Property. In the case of flood insurance, Borrower must obtain the maximum amount of insurance that is required available under the Applicable Requirements or National Flood Insurance Act of 1968, as amended by the Guide, whichever is greaterFlood Disaster Protection Act of 1973. If upon origination of the LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies policy”) contain a standard mortgagee clause naming Xxxxxx and the 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 the Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Borrower thereunder Mortgagor to maintain all such insurance policies and, at the Borrower’s cost and expense, and on the Borrowersuch Mortgagor’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrowersuch Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by the Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where secondary mortgage market as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paideffect. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Jpmac 2006-Acc1), Pooling and Servicing Agreement (Jpmac 2006-Cw2)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property and with respect to any Cooperative Loan, the related Project and Cooperative Apartment, are insured by a generally an insurer acceptable Insurer to FNMA and FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage , in an amount which is at least equal not less than the lesser of (i) 100% of the replacement cost of all improvements to the full insurable value Mortgaged Property and (ii) either (A) the outstanding principal balance of the improvements on Mortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each second lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and the outstanding principal balance of the second lien Mortgage Loan; provided, however, in no event shall the amount of insurance be less than the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of All such insurance policies contain a standard mortgagee clause naming the Mortgaged Property. In the case of flood insuranceSeller, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a Flood Hazard Map or Flood Insurance Rate Map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the requirements of FNMA and its successors and assigns as mortgagee, and all premiums thereon have been paidFHLMC. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.Mortgagor;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterServicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc3)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to prudent mortgage lending institutions against loss by fire, hazards of extended coverage as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidthe customary standards acceptable in the secondary mortgage market. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge Knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor’s or any subservicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-15n)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Underwriting Guidelines. If required by the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to National Flood Insurance Act of 1968, as amended, or if upon origination of the full insurable value of Mortgage Loan, the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was were in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a hazards, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsXxxxxx Xxx and Xxxxxxx Mac requirements. The amount of such insurance shall be no less than the least of (A) the actual unpaid principal balance of the Mortgage Loan, (B) the full insurable value and (C) the maximum amount of insurance which was available under the Flood Disaster Protection Act of 1983, as amended. Such policy was issued by an insurer acceptable under Xxxxxx Mae or Xxxxxxx Mac guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary customarily required in the area where the related Mortgaged Property is located. Borrower must obtain located as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paideffect. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Assignment and Assumption and Recognition Agreement (Jpmac 2006-Fre2)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer generally acceptable Insurer under the Agency Guidelines against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customary required in the area where the Mortgaged Property is located. Borrower must obtain coverage in Agency Guidelines pursuant to an amount which is at least equal insurance policy conforming to the requirements of Agency Guidelines and providing coverage as required by Agency Guidelines. All such insurance policies are in full insurable value force and effect and contain a standard mortgagee clause naming the originator of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums due and owing thereon have been paid. If upon origination required by the Flood Disaster Protection Act of the Loan1973, as amended, or by regulations promulgated pursuant thereto, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidthe requirements of the Agency Guidelines. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any Subservicer or any prior servicer having engaged in, any act or omission which that would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either, including, 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 extent it would impair coverage under any such policy.
Appears in 2 contracts
Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each LoanAs of the related Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable Insurer in accordance with Seller's Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage situated as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged PropertyInterim Servicing Agreement. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage As of the Mortgaged Property. In the case of flood insurancerelated Transfer Date, Borrower must obtain the amount of insurance that is if required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Seller's Underwriting Guidelines as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All As of the related Transfer Date, all individual insurance policies contain a standard mortgagee clause naming Xxxxxx the originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the related Transfer Date, the Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the related Transfer Date, the hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4)
Hazard Insurance. For each LoanAs to Mortgage Loans that are not Co-op Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are are, and as to Co-op Loans, the Co-op Project is, insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary set forth in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on Servicing Agreement attached hereto as Exhibit B. If required by the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Flood Disaster Protection Act of the Mortgaged Property. In the case of flood insurance1973, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loanas amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect Administration, which policy conforms to FNMA, as well as all Applicable Requirements. All additional requirements set forth in Section 2.10 of the Servicing Agreement attached hereto as Exhibit B. With respect to Mortgage Loans that are not Co-op Loans, all individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Mortgage Loan that is not a Co-op Loan obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (California Federal Preferred Capital Corpation), Mortgage Loan Purchase and Warranties Agreement (First Nationwide Preferred Capital Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage , as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterInterim Servicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to effect, as well as all Applicable Requirementsadditional requirements set forth in Section 2.10 of the Interim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the purchase transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer an insurer who meets Fannxx Xxx and/or Fredxxx Xxx guidelines against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterUnderwriting 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 federal regulation and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementseffect. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the loan originator or the Borrower and its respective successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Lender upon the consummation of the transactions contemplated by this Loan Agreement. Seller The Borrower has not engaged in, and has no knowledge of the Borrower 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 an attorney, firm or other person or entity and no such unlawful items have been received, retained or realized by the related Borrower;
Appears in 1 contract
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums due thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidXxx. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary set forth in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on Servicing Agreement attached hereto as Exhibit B. If required by the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Flood Disaster Protection Act of the Mortgaged Property. In the case of flood insurance1973, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loanas amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to FNMA and FHLMC, as well as all Applicable Requirements. additional requirements set forth in Section 2.10 of the Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Mortgage Loan obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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 Sale Agreement (Flagstar Capital Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary well as all additional requirements set forth in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Fannie Mae, as well as all Applicable Requirementsadditional requirements set forth in Sexxxxx 3.00 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. Seller The Responsible Party has not engaged in, and has no knowledge of the Borrower 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 eithereither 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 Responsible Party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2002-Op1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customary provided for in the area where applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterapplicable Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency Flood Disaster Protection Act of 1973, as having special flood hazards (and such flood insurance has been made available),a amended, each Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementsthe applicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerXxxxxxxxx’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidXxx. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has The Seller, the Servicer and any subservicer have not engaged in, and has no knowledge of the Borrower Mortgagor, any prior 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Fannie Mae Guides or by Freddie Mac, as well as all additional xxxxxxexxxts set forth ix Xxxxxon 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterServicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all Applicable Requirementsadditional requiremexxx xxt xxrth ix Xxxxxon 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 1 contract
Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal that would be acceptable to a prudent lender making mortgage loans similar to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterMortgage Loans. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms effect, that would be acceptable to all Applicable Requirementsa prudent lender making mortgage loans similar to the Mortgage Loans. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 thirty (30) days' prior written notice to the mortgagee. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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
Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Fannie Mae Guides or by Fredxxx Xxc, xs well as all additixxxx xxquirements set forth in an amount which is at least equal to the full insurable value Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination required by the National Flood Insurance Act of the Loan1968, as amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac, as welx xx xlx xxxxxxxnal requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx New Century Mortgage Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. Seller NC Capital Corporation has not engaged in, and has no knowledge of the Borrower 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 NC 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. For each Mortgage Loan, 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 Buyer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located, as are provided for by Xxxxxx Xxx or by Xxxxxxx Mac, as well as all additional requirements set forth in the Underwriting Guidelines. Borrower must obtain Mortgagor has obtained coverage in an amount which is at least equal to the least of the (i) full insurable value of the improvements on the Mortgaged Property, (ii) 100% of the replacement cost of all improvements to the Mortgaged Property, or (iii) the outstanding principal balance of the Mortgage Loan. The policy must either include includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain Mortgagor has obtained the maximum amount of insurance that is required available under the Applicable Requirements or the Guide, whichever is greaterNational Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsRequirements of Law and applicable insurer and Takeout Investor requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by law or regulation state Requirements of Law applicable to Seller, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are insured is covered by a generally acceptable Insurer policy of hazard insurance and insurance against loss by fire, hazards of extended coverage other insurable risks and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage located in an amount which is at least equal to such amounts as required by the full insurable value of applicable Approved Investor and in accordance with the improvements on Seller’s underwriting guidelines and the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceAgency Guides, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greateras applicable. If upon origination required by the Flood Disaster Protection Act of the Loan1973, as amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsAgency Guides. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming Xxxxxx 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 Borrower thereunder Mortgagor to maintain all such insurance policies and, at the Borrower’s cost and expense, and on the Borrowersuch Mortgagor’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrowersuch Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. No Seller Party has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by any Seller Party, in any case to the extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each Loan, pursuant to Borrower will 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 any other hazards for which the Grantor requires insurance. All policies of insurance hereunder will be from such companies and in such form and amounts as are customary in may be satisfactory to the area where Grantor, will name the Mortgaged Grantor as a loss payee and will include a provision requiring 30 days advance written notice to the Grantor prior to the termination or modification of such policy. All insurance policies and renewals must be acceptable to the Grantor and must include a standard mortgage clause. The Grantor may hold the policies and renewals and, if the Grantor requires, Borrower will promptly give to the Grantor all receipts of paid premiums and renewal notices. Upon the occurrence of a loss covered by insurance. Borrower will give prompt notice to the insurance carrier and the Grantor. The Grantor may make proof of loss if not made promptly by Borrower. Insurance proceeds will be applied to restoration or repair of the Property damaged if the Grantor determines that the restoration or repair is economically feasible and the Grantor’s security is not lessened by such restoration or repair. In such event, the Grantor has the right to collect and hold the insurance proceeds and make the proceeds available to Borrower from time to time for the payment of the cost and expense of repair and restoration upon receipt of satisfactory evidence that such cost or expense has been incurred. If the Grantor determines that the restoration or repair is not economically feasible or the Grantor’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property or does not answer within 30 days a notice from the Grantor that the insurance carrier has offered to settle a claim, then the Grantor may settle the claim with the insurance carrier and collect the insurance proceeds from the insurance carrier and may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. If under paragraph 19 the Property is located. Borrower must obtain coverage in an amount which is at least equal acquired by the Grantor, Borrower’s right to any insurance policies and all insurance proceeds resulting from damage to the full insurable value Property prior to the Grantor’s acquisition shall pass to the Grantor to the extent of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower having engaged in, any act or omission which would impair the coverage of any Mortgage immediately prior to such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eitheracquisition.
Appears in 1 contract
Samples: Urbana Home Consortium Community
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is Interim Servicing Agreement attached hereto as Exhibit B. If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect effect, which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all Applicable Requirements. additional requirements set forth in Section 2.10 of the Interim Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 thirty (30) days' prior written notice to the mortgagee. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary set forth in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on Servicing Agreement attached hereto as Exhibit B. If required by the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Flood Disaster Protection Act of the Mortgaged Property. In the case of flood insurance1973, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loanas amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy generally conforms to FNMA and FHLMC, as well as all Applicable Requirements. additional requirements set forth in Section 2.10 of the Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage for each Mortgage Loan obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp)
Hazard Insurance. For each LoanPursuantExcept with respect to any HomeSafe Second, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementsthe Approved Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerXxxxxxxxx’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Finance of America Companies Inc.)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx named by the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customary provided for in the area where applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency Flood Disaster Protection Act of 1973, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementsthe applicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments Fannie Mae Guides or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterby Freddie Mac. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a National Flood Xxxxxxnxx Act of 1968, ax xxxxxed, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac requirements. All individual insurance policies contain policxxx xxnxxxn a standard sxxxxxxx mortgagee clause naming Xxxxxx Acoustic and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, 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. Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Borrower 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.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 Depositor;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Home Equity Loan Trust 2005-4)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Fannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in an amount which is at least equal to the full insurable value Sectiox 0.00 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is Interim Servicing Agreement attached hereto as Exhibit B. If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect effect, which policy conforms to Fannie Mae and Freddie Mac, as well as all Applicable Requirements. additional requirements set xxxxx ix Xectiox 0.00 of the Interim Servicing Agreement attached hereto as Exhibit B. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 thirty (30) days' prior written notice to the mortgagee. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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
Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, as well as all additional requiremexxx xxt forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterSerxxxxxx Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all Applicable Requirementsadditional requirements set fxxxx xn the Serxxxxxx Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Aames and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller Aames has not engaged in, and has no knowledge of the Borrower 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 Aames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidXxx. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s the Mortgagor's cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. , The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally Qualified Insurer acceptable Insurer to Xxxxxx Xxx and Xxxxxxx Mac and to lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal , pursuant to insurance policies conforming to the full insurable value requirements of the improvements on Servicing Addendum. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceSeller, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a Flood Hazard Map or Flood Insurance Rate Map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx Mae and its successors and assigns as mortgagee, and all premiums thereon have been paidXxxxxxx Mac. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.unit
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area Fannie Mae Guides or by Freddie Mac or those of prudent mortgage lenderx xxx oxxxinate mortgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac requirements or those of prudent mortgage lexxxxx wxx originate mortgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the Borrowertxx Xxxxxxgor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Borrower having engaged in, in any act or omission which would impair the coverage of covxxxxx xx 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: Indemnification and Contribution Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer generally acceptable Insurer under the Takeout Guidelines and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary required in the area where Takeout Guidelines pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Takeout Guidelines and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidthe requirements of the Takeout Guidelines. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any Subservicer or any prior 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 Seller. (q)
Appears in 1 contract
Samples: Altisource Asset Management Corp
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area Fannie Mae Guides or by Freddie Mac or those of prudent mortgage lexxxxx wxx originate mortxxxx xxans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac requirements or those of prudent mortgagx xxxxexx who oxxxxxxxe mortgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Borrower 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.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 2007-6xs)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Fannie Mae Guides or by Freddie Mac, xx xxlx xs all additionxx xxxxirements set forth in an amount which is at least equal to the full insurable value Section 2.10 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterServicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac, as well xx xxx xxxitionxx xxxxirements set forth in Section 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 Seller;
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterFNMA and FHLMC. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of FNMA and FHLMC. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor’s or any subservicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area Fannie Mae Guides or by Freddie Mac or those of prudent mortgage lenderx xxx originate mortgage xxxxx similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac requirements or those of prudent mortgage lexxxxx who origixxxx xxrtgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Borrower 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.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: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
Hazard Insurance. For each Loan, pursuant 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 insurer against loss by fire, hazards of fire and extended coverage and coverage for such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Servicing Agreement and of the Mortgaged Property. In the case of flood insuranceFHA and VA, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterif applicable. If upon origination of the Eligible Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of the Servicing Agreement and of FHA and VA, if applicable. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all the hazard insurance policies policy at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore therefor from the Borrower. Where required by state law or regulation applicable to Sellerregulation, the 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 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination required by the National Flood Insurance Act of the Loan1968, as amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx New Century Mortgage Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. Seller NC Capital has not engaged in, and has no knowledge of the Borrower 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 NC Capital;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable Insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage , and to the extent required by the Seller as of the date of origination consistent with the applicable Agency Guide, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount which consistent with the amount that would have been required as of the date of origination in accordance with the applicable Agency Guide. If any portion of the Mortgaged Property is at 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 equal to of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of , and (3) the Mortgaged Property. In the case of flood insurance, Borrower must obtain the maximum amount of insurance that is required available under the Applicable Requirements or National Flood Insurance Act of 1968, as amended by the Guide, whichever is greaterFlood Disaster Protection Act of 1974. If upon origination of the LoanAll such insurance policies (collectively, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood “hazard insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies policy”) contain a standard mortgagee clause naming Xxxxxx and the 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 Borrower thereunder Mortgagor to maintain all such insurance policies and, at the Borrower’s cost and expense, and on the Borrowersuch Mortgagor’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrowersuch Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by the Seller.
Appears in 1 contract
Hazard Insurance. For each Loan, pursuant 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 insurer against loss by fire, fire and hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Section 4.11 hereof and of the Mortgaged Property. In the case of flood insuranceFHA and VA, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterif applicable. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a is available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Section 4.11 hereof and of FHA and VA, if applicable. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx (or that will name) the Company and its successors and assigns as mortgagee, and to the best of the Seller’s knowledge and belief, all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The To the best of the Seller’s knowledge and belief, the hazard insurance policy is the valid and binding obligation of the Insurer, insurer and is in full force and effect, and will be in full force and effect and inure to . To the benefit of Purchaser upon the consummation best of the transactions contemplated by this Agreement. Seller’s knowledge and belief, neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower 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 Company;
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-5)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a generally acceptable Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in customarily covered as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the area where the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paideffect. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Xxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in an amount which is at least equal to the full insurable value Section 3.13 of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterPooling and Servicing Agreement. If upon origination required by the National Flood Insurance Act of the Loan1968, as amended, the Mortgaged Property was in an area identified in the Federal Register Mortgage Loan is covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx New Century Mortgage Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser the Trustee upon the consummation of the transactions contemplated by this Agreement. Seller NC Capital Corporation has not engaged in, and has no knowledge of the Borrower 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 NC Capital Corporation;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc3)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the MortgageMortgage (or, in the case of a Second Lien Loan, to Seller’s Knowledge), all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customary provided for in the area where applicable Agency, FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines or the Seller’s Underwriting Guidelines. With respect to Mortgage Property subject to a Second Lien Loan, on the origination date, such Mortgage Property was insured by a generally acceptable insurer against loss by fire, hazards covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in the Seller’s Underwriting Guidelines. If required by the Flood Disaster Protection Act of 1973, as amended, each Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register covered by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementsthe applicable Agency, FHA, VA, RHS or HUD guidelines or Seller’s Underwriting Guidelines. All such individual insurance policies (other than insurance policies relating to Mortgage Property subject to a Second Lien Loan with respect to which the Seller does not hold the related First Lien loan) contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and and, with respect to First Lien Loans, all premiums due and owing thereon have been paid, and to the Seller’s Knowledge all premiums due and owing on Second Lien Loans have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, expense and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerXxxxxxxxx’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Fannie Mae Guides or by Freddie Mac, as well as all additional reqxxxxxxnts set forth in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greatertxx Xxxxicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to Fannie Mae and Freddie Mac, as well as all Applicable Requirementsadditional requirements xxx xorth in txx Xxxxicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Aames and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller Aames has not engaged in, and has no knowledge of the Borrower 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 Aames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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. For each Loan, pursuant The Mortgage Loan obligates the Mortgagor thereunder to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured maintain a hazard insurance policy issued by a generally acceptable Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage (“hazard insurance”) in an amount which is at least equal to the full insurable value lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are part of such Mortgaged Property on a replacement cost basis and (ii) the outstanding principal balance of the improvements on Mortgage Loan, in either case in an amount sufficient to avoid the Mortgaged Property. The policy must either include application of any “co-insurance provisions for inflation adjustments or guaranteed replacement cost coverage and consistent with the amount that would have been required as of the Mortgaged Property. In date of origination in accordance with the case Underwriting Guidelines”, and, if it was in place at origination of the Mortgage Loan, flood insurance, Borrower must obtain at the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterMortgagor’s cost and expense. If upon origination of the Loan, the Mortgaged Property was is in an area identified by any federal Governmental Authority in the Federal Register by as having special flood hazards, a flood insurance policy is in effect which met the requirements of Federal Emergency Management Agency as having special flood hazards (and at the time such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidwas issued. The Mortgage obligates the Borrower thereunder Mortgagor to maintain all the hazard insurance policies and, if applicable, flood insurance policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. The Mortgaged Property is covered by hazard insurance. The Hazard Insurance policies contain a standard mortgagee clause naming Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums on such insurance policy have been paid. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Hazard Insurance. For With respect to each Ownit Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable Insurer in the secondary market against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greatercoverage. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Ownit Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsAdministration. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Ownit 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 With respect to each Ownit Mortgage Loan, the Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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. Without limiting the generality of the preceding sentence, 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 (ABFC Asset-Backed Certificates, Series 2005-He2)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fannie Mae Guides or by Freddie Mac, xx xxxl as all additionax xxxxxrements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterServicing Agreement. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac, as well ax xxx additionax xxxxxrements set forth in the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Aames and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller Aames has not engaged in, and has no knowledge of the Borrower 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 Aames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Xxx and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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: Assignment and Assumption Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms tens of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Mae and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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. For each Loan, pursuant 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 insurer against loss by fire, hazards of fire and extended coverage and coverage for such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Section 4.11 hereof and of the Mortgaged Property. In the case of flood insuranceFHA and VA, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterif applicable. If upon origination of the Eligible Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Section 4.11 hereof and of FHA and VA, if applicable. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller or the Additional Seller, as applicable, and its respective successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurer, insurer and is in full force and effect, and will be in full force and effect and inure to . Neither the benefit of Purchaser upon Seller nor the consummation of the transactions contemplated by this Agreement. Additional Seller has not engaged in, and has no knowledge of the Borrower 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.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (PHH Corp)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a fire and extended perils insurance policy, issued by a generally acceptable Insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal , and to the full insurable value extent required by a Seller Party as of the improvements on date of acquisition, against earthquake and other risks insured against by Persons operating like properties in the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage locality of the Mortgaged Property. In , in an amount not less than the case lesser of flood insurance, Borrower must obtain (i) 100% of the amount insurable value and (ii) the outstanding principal balance of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterMortgage Loan. If upon origination any portion of the Loan, the Mortgaged Property was is in an area identified in the Federal Register by the Federal Emergency Management Agency any federal Governmental Authority as having special flood hazards (hazards, and such flood insurance has been made available),a is reasonably available, a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration Emergency Management Agency is in effect which policy conforms to all Applicable Requirementswith a generally acceptable insurance carrier, in an amount representing coverage not less than the outstanding principal balance of the 126103752\V-5 Mortgage Loan. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming Xxxxxx and Trust Subsidiary, 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 a Seller Party. All premiums thereon that have become due on such insurance policy have been paid. The related Mortgage obligates the Borrower thereunder Mortgagor to maintain all such insurance policies and, at the Borrower’s cost and expense, and on the Borrowersuch Xxxxxxxxx’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the Borrowersuch Mortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. No Seller Party has not engaged in, and has no knowledge of the Borrower 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 eithereither 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, and no such unlawful items have been received, retained or realized by any Seller Party.
Appears in 1 contract
Samples: Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.)
Hazard Insurance. For each LoanAs of the Accredited Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged PropertyXxxxxx Xxx and Xxxxxxx Mac. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage As of the Mortgaged Property. In the case of flood insuranceAccredited Transfer Date, Borrower must obtain the amount of insurance that is if required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsXxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx Accredited and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated purchase of the Mortgage Loan by this AgreementPurchaser. Seller The Depositor has not engaged in, and has no knowledge of the Borrower 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 Depositor;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Hazard Insurance. For each Loan, pursuant to the terms of the Mortgage, all (a) All buildings or other customarily insured improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable Insurer to FNMA and to prudent mortgage lending institutions or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the such Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal , pursuant to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementseither Section 5.10 or Section 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming Xxxxxx the originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor's cost and expense, and on such Mortgagor's failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor's cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development ("PUD") project that is not covered by an individual policy, the condominium or PUD project is covered by a "master" or "blanket" policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates insurance policy provides for advance notice to the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law Seller or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided Servicer if the policy is canceled or not a “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” or “blanket” insurance " policy covering and would be acceptable pursuant to the common facilities of a planned unit developmentFNMA Guide. 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 had 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 Flow Purchase (Sunset Financial Resources Inc)
Hazard Insurance. For each LoanWith respect to Mortgage Loans other than Cooperative Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged PropertyXxxxxx Mae and Xxxxxxx Mac. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insuranceIf, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Mortgage Loan (other than a Cooperative Loan), the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. With respect to each Cooperative Loan, the related Cooperative Project is insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Cooperative Project is located pursuant to insurance policies conforming to the requirements of Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable regulation, with respect to SellerMortgage Loans other than Cooperative Loans, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments Xxxxxx Mae Guides or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterby Xxxxxxx Mac. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable RequirementsXxxxxx Mae or Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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, 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. For each Loan, pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable Insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the Mortgaged Property is located. Borrower must obtain requirements of Customary Servicing Procedures and providing coverage in an amount which is at least equal to the lesser of (i) the full insurable value of the improvements Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgaged PropertyMortgage Loan. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgaged Property. In the case of flood insuranceMortgage Loan, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterits successors and assigns as mortgagee and all premiums thereon have been paid. If upon origination of the Loan, the Mortgaged Property was is in an area identified in the Federal Register on a flood hazard map or flood insurance rate map issued by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available), a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the requirements of Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paidXxx. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all such insurance policies at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrowerthe Mortgagor’s cost and expense, expense and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor, any subservicer or any prior 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 Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customary provided for in the area where applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (amended, and such flood insurance has been made available),a the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable Requirementsthe applicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 extent it would impair coverage under any such policy.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where the Mortgaged Property is located. Borrower must obtain coverage Fannie Mae Guides or by Frexxxx Xax, as well as all xxxxxxonal requirements set forth in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterSubsection 7.11. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such amended, each Mortgage Loan is covered by a flood insurance has been made available),a flood insurance policy policy, meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect effect, which policy conforms to Fannie Mae and Freddie Mac, xx xxlx xs all Applicable Requirementsxxxxxxonal requirements set forth in Subsection 7.11. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower 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, 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 (GSAMP Trust 2007-H1)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae and Xxxxxxx Mac. All AU individual insurance policies contain a standard mortgagee clause naming Xxxxxx the related Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The related Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, . any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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 Sellers;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterFannie Mae and Freddie Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was thx Xxxxgxxxd Proxxxxx xas in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Fannie Mae and Freddie Mac. Such flood insurance shall be with an Approvxx Xxxod Policy Xxxxxxr. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Seller The Company has not engaged in, and has no knowledge of the Borrower 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 Company;
Appears in 1 contract
Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area Fannie Mae Guides or by Freddie Mac or those of prudent mortgaxx xxxdxxx who originate xxxxxxge loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is If required under the Applicable Requirements or the Guide, whichever is greater. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (and such flood insurance has been made available),a amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to all Applicable RequirementsFannie Mae and Freddie Mac requirements or those of prudent moxxxxxx xxxders xxx xxxginate mortgage loans similar to the Mortgage Loans in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Borrower 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.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 2007-1xs)
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary provided for in the area where Fxxxxx Mae guides or by Fxxxxxx Mac, as well as all additional requirements set forth in the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterApproved Underwriting Guidelines. If upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register required by the Federal Emergency Management Agency National Flood Insurance Act of 1968, as having special flood hazards (amended, and such flood insurance has been made available),a the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is as in effect which policy conforms to Fxxxxx Mae and Fxxxxxx Mac, as well as all Applicable Requirementsadditional requirements set forth in the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx 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 thirty (30) days’ prior written notice to the mortgagee. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the BorrowerMortgagor’s cost and expense, and on the BorrowerMortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such BorrowerMortgagor’s cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower 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 Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower 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 eithersuch 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 Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Home Point Capital Inc.)
Hazard Insurance. For each Loan, pursuant to Borrower will 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 any other hazards for which the Grantor requires insurance. All policies of insurance hereunder will be from such companies and in such form and amounts as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal may be satisfactory to the full insurable value Grantor, will name the Grantor as a loss payee and will include a provision requiring 30 days advance written notice to the Grantor prior to the termination or modification of such policy. All insurance policies and renewals must be acceptable to the improvements on the Mortgaged PropertyGrantor and must include a standard mortgage clause. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage Grantor may hold the policies and renewals and, if the Grantor requires, Borrower will promptly give to the Grantor all receipts of paid premiums and renewal notices. Upon the Mortgaged Property. In the case occurrence of flood a loss covered by insurance, Borrower must obtain will give prompt notice to the amount insurance carrier and the Grantor. The Grantor may make proof of loss if not made promptly by Xxxxxxxx. Insurance proceeds will be applied to restoration or repair of the Property damaged if the Grantor determines that the restoration or repair is economically feasible and the Grantor’s security is not lessened by such restoration or repair. In such event, the Grantor has the right to collect and hold the insurance proceeds and make the proceeds available to Borrower from time to time for the payment of the cost and expense of repair and restoration upon receipt of satisfactory evidence that such cost or expense has been incurred. If the Grantor determines that the restoration or repair is required under the Applicable Requirements not economically feasible or the GuideGrantor’s security would be lessened, whichever is greaterthe insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If upon origination Xxxxxxxx abandons the Property or does not answer within 30 days a notice from the Grantor that the insurance xxxxxxx has offered to settle a claim, then the Grantor may settle the claim with the insurance carrier and collect the insurance proceeds from the insurance carrier and may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. If under paragraph 19 the Property is acquired by the Grantor, Xxxxxxxx’s right to any insurance policies and all insurance proceeds resulting from damage to the Property prior to the Grantor’s acquisition shall pass to the Grantor to the extent of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower thereunder to maintain all insurance policies at the Borrower’s cost and expense, and on the Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s cost and expense, and to seek reimbursement therefore from the Borrower. Where required by law or regulation applicable to Seller, the Borrower has been given an opportunity to choose the carrier of the required insurance, provided the policy is not a “master” or “blanket” 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 Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. Seller has not engaged in, and has no knowledge of the Borrower having engaged in, any act or omission which would impair the coverage of any Mortgage immediately prior to such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of eitheracquisition.
Appears in 1 contract
Samples: Urbana Home Consortium Community
Hazard Insurance. For each Loan, pursuant Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable Insurer insurer against loss by fire, hazards of extended coverage and such other hazards as are customary in the area where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal located pursuant to insurance policies conforming to the full insurable value requirements of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments Xxxxxx Xxx or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greaterXxxxxxx Mac. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available),a a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance & Mitigation Administration is in effect which policy conforms to all Applicable Requirementsthe requirements of Xxxxxx Mae or Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming Xxxxxx the related Servicer and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Borrower Mortgagor thereunder to maintain all the hazard insurance policies policy at the Borrower’s Mortgagor's cost and expense, and on the Borrower’s Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Borrower’s Mortgagor's cost and expense, and to seek reimbursement therefore therefor from the BorrowerMortgagor. Where required by state law or regulation applicable to Sellerregulation, the Borrower Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the Insurerinsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Borrower Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either., including, without limitation, no unlawful fee, 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