Common use of Hazard Insurance Clause in Contracts

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

Appears in 37 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)

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

Appears in 22 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

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

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-Nc2), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Series 2004-He1)

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

Appears in 16 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)

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

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-D), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

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

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

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

Appears in 5 contracts

Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (LXS 2007-3), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs)

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

Appears in 5 contracts

Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Asset Securities Corp), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller NC Capital Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller NC Capital Corporation has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc2), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Seller as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than 100% of the replacement cost of all improvements to the Mortgaged Property and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by the Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-4)

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

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located, and to the extent required by Seller as of the date of origination consistent with the Guide, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than one hundred percent (100)% of the replacement cost of all improvements to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Guide. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Stonegate Mortgage Corp)

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

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Xxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 3.09. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Section 3.09. All premiums that were due and payable with respect to such hazard insurance policies on or prior to the Underwriting GuidelinesClosing Date have been paid. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Sale and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinescoverage. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy policy, meeting the requirements of the current guidelines Federal Insurance Administration, as well as all additional requirements set forth in Section 2.10 of the Federal Insurance Administration Servicing Agreement attached hereto as in effect which policy conforms with the Underwriting Guidelines. Exhibit B. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (D&n Capital Corp), Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp)

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

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)

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

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

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

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He5)

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

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xx xxxwxxxge of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by Seller as of the date of origination consistent with the Underwriting Guidelines, the HECM Handbook and Agency Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than the greatest of (i) 100% of the replacement cost of all improvements to the Mortgaged Property, (ii) the outstanding principal balance of the Loan, (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines or (iv) the amount necessary to fully compensate for any damage or loss to the improvements that are a part of such property on a replacement cost basis. If required any portion of the Mortgaged Property is in an area identified by the National Flood Insurance Act of 1968any federal Governmental Authority as having special flood hazards, as amendedand flood insurance is available, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with a generally acceptable insurance carrier, in an amount representing coverage not less than the Underwriting Guidelinesleast of (1) the outstanding principal balance of the Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming Seller or the Seller and Subservicer, its successors and assigns (including without limitation, subsequent owners of the Loan), as mortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy ” Hazard Insurance Policy covering a condominium, or any hazard insurance policy Hazard Insurance Policy covering the common facilities of a planned unit development. The hazard insurance policy Hazard Insurance Policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used for any purpose other than that for which the terms said Premises are hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (if commercially available and/or required by Landlord's failure Lender), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building, including the Premises, as determined by Landlord's insurance company's appraisers. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain workers compensation and maintain such public liability and property damage insurance at such Mortgagor's cost for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and expenseproperty damage. Tenant shall name Landlord as an additional insured, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier shall deliver a copy of the policies and renewal certificates to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required hazard insurance, provided to cover future risks customarily insured against by reasonably prudent businesses in Tenant's industry located in the policy is not a "master" Santa Clarx-Xxx Jose xxxa. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or "blanket" hazard insurance policy covering a condominiumdamage occasioned to the Landlord or the Tenant as the case may be, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Premises

Appears in 2 contracts

Samples: Lease Agreement (8x8 Inc), Lease Agreement (8x8 Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 ox xhe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSellers or the Company;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)

Hazard Insurance. Pursuant Wendover will cause to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided be maintained for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered such fire, flood and hazard insurance as required by a flood insurance policy meeting Applicable Requirements; provided, however, notwithstanding the requirements foregoing, the provisions of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesMortgage Note and Mortgage will govern. All individual insurance policies contain a standard The mortgagee clause naming will be reflected as running to the Seller benefit of Client, its successor and assigns, as follows: "Client, its successors and assigns assigns, c/o Wendover Financial Services Corporation", at such address as mortgageeWendover will designate in writing from time to time. Any amounts collected by Wendover under any such policies will be paid over or applied by Wendover in accordance with Applicable Requirements whether for the restoration or repair of the Mortgaged Property, and all premiums thereon have been paidor applied to reduce the Mortgage Loan. The Mortgage obligates Wendover will not interfere with the Mortgagor thereunder Mortgagor's freedom of choice in selecting either an insurance carrier or agent upon any policy renewal; provided, however, that upon any such policy renewal, Wendover will accept insurance policies only from insurance companies that meet the written requirements of Xxxxxx Xxx. Wendover will not be required to maintain the hazard original insurance policy at for any Mortgaged Property; provided, however, that in the Mortgagor's cost and expense, and on the Mortgagor's failure event that Wendover is required to do soso by Applicable Requirements, authorizes the holder of the Mortgage to Wendover will obtain and maintain such insurance policies covering the greater of (i) the last known coverage paid for by Mortgagor, or (ii) the unpaid principal balance of the Mortgage Note. If Wendover is unable to collect from the Mortgagor the cost of such policies, Client will pay Wendover such amounts in accordance with Article IV hereof. Notwithstanding anything in this Agreement to the contrary, Wendover may at such Mortgagor's cost any time and expensefrom time to time solicit Mortgagors for accident, health, life, property or casualty insurance and other miscellaneous services (with the exception of refinancing), and to seek reimbursement therefor from the Mortgagor. Where required any fees payable by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and insurer will be in full force and effect and inure to the benefit exclusive property of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Wendover.

Appears in 2 contracts

Samples: Sub Servicing Agreement (Great Lakes Capital Acceptance LLC), Sub Servicing Agreement (Great Lakes Capital Acceptance LLC)

Hazard Insurance. Pursuant (a) TRUSTOR will keep the SECURITY insured by a standard all risk property insurance policy equal to the replacement value of the SECURITY (adjusted every five (5) years by appraisal, if requested by the TOWN). If the SECURITY is located in a flood plain, TRUSTOR shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent TRUSTOR from becoming a co- insurer under the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for policy. The insurance carrier providing this insurance shall be licensed to do business in the Underwriting Guidelines. If required State of California and be chosen by TRUSTOR subject to approval by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesTOWN. All individual insurance policies contain and renewals thereof will be in a form acceptable to the TOWN, and will include a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes with standard lender’s endorsement in favor of the holder of the Mortgage First Lender Note and the TOWN as their interests may appear and in a form acceptable to obtain the TOWN. The TOWN shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and TRUSTOR shall promptly furnish to seek reimbursement therefor the TOWN, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices, and all receipts of paid premiums. In the event of loss, TRUSTOR will give prompt notice to the insurance carrier and the TOWN or its designated agent. The TOWN, or its designated agent, may make proof of loss if not made promptly by TRUSTOR. The TOWN shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the TOWN in writing, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the SECURITY damaged. If permitted by TOWN, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under the Resale Restriction Agreement, with the excess, if any, paid to TRUSTOR. If the SECURTY is abandoned by TRUSTOR or if TRUSTOR fails to respond to the TOWN, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to TRUSTOR that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity TOWN, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the TOWN’s option either to restoration or repair of the required hazard insuranceSECURITY or to pay amounts due under the Resale Restriction Agreement. If the SECURITY is acquired by the TOWN, provided the policy is not a "master" or "blanket" hazard all right, title, and interest of TRUSTOR in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the SECURITY prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is TOWN to the valid and binding obligation extent of the insurersums secured by this DEED OF TRUST immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights of the Purchaser upon First Lender. (b) During the consummation course of any rehabilitation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge improvements located on the PROPERTY TRUSTOR shall hire only licensed contractors who maintain the following forms of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;insurance:

Appears in 2 contracts

Samples: Performance Deed of Trust and Security Agreement, Performance Deed of Trust and Security Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowlxxxx xf the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagor's failure full cost of said insurance as evidenced by insurance xxxxxxxx to do soLessor.. If said insurance xxxxxxxx cover the Premises, authorizes and Lessee does not occupy the holder entire Premises, the insurance premiums and deductibles shall be allocated to the portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance. Lessee agrees to pay to the transactions contemplated by this Agreement. The Seller has not engaged inLessor as additional Rent, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policyon demand, the benefits full cost of said insurance as evidenced by insurance xxxxxxxx to the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will Lessor which shall be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;included in Lessee's monthly CAC.

Appears in 1 contract

Samples: Lease Agreement (Amati Communications Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesXxxxxx Mae Guides or by Xxxxxxx Mac. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Xxxxxx Mae or Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingsuch policy, without limitation, and no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ffa)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont and its successors and assigns as mortgagee, and all premiums thereon txxxxxx have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac, as well as all additioxxx xxqxxxements set forxx xx Xection 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae and Freddie Mac, as well as all additional requixxxxxxs xxt forxx xx Xection 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller New Century Mortgage Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller NC Capital Corporation has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc5)

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

Appears in 1 contract

Samples: Mortgage Loan Purchase and Assignment Agreement (CWHEQ, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Fredxxx Xxc, xs well as all additixxxx xxquirements set forth in Section 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae and Freddie Mac, as welx xx xlx xxxxxxxnal requirements set forth in Section 3.13 of the Underwriting GuidelinesPooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller New Century Mortgage Corporation and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller NC Capital Corporation has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerNC Capital Corporation;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc Mort Pas THR Cert Ser 2004 Nc1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Approved Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance billxxxx xx the Lessor which shall be included in Lessee's failure monthly CAC.. If said insurance billxxxx xxxer the Premises, and Lessee does not occupy the entire Premises, the insurance premiums and deductibles shall be allocated to do so, authorizes the holder portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge full cost of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Lease Agreement (On Command Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac. If required by the National Flood Insurance Xxxxx Ixxxrance Act of 19681000, as xx amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae and Freddie Mac requirements. All individual insurance policies contain a standard xxxxxixx contaxx x xxandard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Mortgagor's having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located, as well as all additional requirements set forth in Section 2.10 of the Interim Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration in effect, as well as all additional requirements set forth in effect which policy conforms with Section 2.10 of the Underwriting GuidelinesInterim Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums currently due thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without thirty (30) days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the purchase transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy -24- conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;; (g) Compliance with Applicable Laws. Any and all requirements of any federal, state or local law including, without limitation, usury, truth-in-lending, real estate settlement procedures, consumer credit protection, predatory abusive and fair lending, equal credit opportunity and disclosure laws applicable to the Mortgage Loan, including, without limitation, any provisions relating to a Prepayment Penalty have been complied with, the consummation of the transactions contemplated hereby will not involve the violation of any such laws or regulations, and the Seller shall maintain in its possession, available for the Purchaser’s inspection, and shall deliver to the Purchaser upon demand, evidence of compliance with all such requirements. This representation and warranty is a Deemed Material and Adverse Representation; (h)

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement

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

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

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

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)

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

Appears in 1 contract

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

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagor's failure maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to do so, authorizes purchase and keep in force fire and extended coverage insurance covering loss or damage to the holder Premises in amounts equal to the full replacement cost of the Mortgage Premises as determined by Lessor, with proceeds payable to obtain and maintain such Lessor. Lessee acknowledges that the insurance at such Mortgagorreferenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost and expenseof said insurance as evidenced by insurance xxxxxxxx to the Lessor which shall be included in Lessee's monthly CAC. If said insurance xxxxxxxx cover the Premises, and to seek reimbursement therefor from Lessee does not occupy the Mortgagor. Where required by state law or regulationentire Premises, the Mortgagor has been given an opportunity insurance premiums and deductibles shall be allocated to choose the carrier portion of the required hazard insurancePremises occupied by Lessee on a pro-rata square footage or other equitable basis, provided as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the policy is not a "master" Commencement Date and the end of the Lease Term. Lessor and Lessee hereby waive any rights each may have against the other related to any loss or "blanket" hazard insurance policy covering a condominiumdamage caused to Lessor or Lessee as the case may be, or to the Premises, the Building, or its contents, and which may arise from any hazard insurance policy covering the common facilities of a planned unit developmentrisk generally covered by fire and extended coverage insurance. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for Lessee's pro-rata share of the Purchaser upon the consummation cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Standard Form Lease (General Surgical Innovations Inc)

Hazard Insurance. Pursuant 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 provided for in the Underwriting Guidelinescoverage. If required by the National Flood Insurance Act of 1968, as amended, each Ownit Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesAdministration. All individual insurance policies contain a standard mortgagee clause naming the Seller 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 Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitationsuch 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. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Mortgage Loan Sale and Assignment Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the Underwriting applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Hazard Insurance. Pursuant to (a) Supplementing the terms provisions of Sections 4.22 and 6.5 of the MortgageCredit Agreement, all buildings Trustor shall keep the Improvements now existing or other improvements upon hereafter erected on the Mortgaged Property are insured by a generally acceptable insurer carriers at all times reasonably satisfactory to Beneficiary against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as Beneficiary shall reasonably require and in such amounts and for such periods as Beneficiary shall reasonably require. Trustor shall purchase policies of insurance with respect to the Property with such insurers, in such amounts and covering such risks as shall be reasonably satisfactory to Beneficiary. In determining the reasonableness of Beneficiary's request, the amounts and types of insurance coverages that are provided for generally carried by similarly situated businesses, as determined by Beneficiary, shall be presumed to be reasonable. Trustor shall cause all insurance (except general public liability insurance) carried in accordance with this PARAGRAPH 4 to be payable to Beneficiary as a mortgagee and not as a coinsured, and, in the Underwriting Guidelines. If required case of all policies of insurance carried by each lessee for the National Flood Insurance Act benefit of 1968Beneficiary, if any, to cause all such policies to be payable to Beneficiary as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesBeneficiary's interest may appear. All individual premiums on insurance policies contain heretofore set forth (the "PREMIUMS") shall be paid promptly when due. Trustor shall deliver to Beneficiary, within twenty (20) days of Beneficiary's request, a standard mortgagee clause naming the Seller and its successors and assigns as mortgageecertificate of Trustor's insurance agent, and that all premiums thereon Premiums have been paid. The Mortgage obligates paid and that the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is policies are in full force and effect. (b) All insurance policies and renewals thereof shall be in a form reasonably acceptable to Beneficiary and shall include a standard mortgagee clause in favor of and in form acceptable to Beneficiary. Beneficiary shall have the right to hold the policies, and will be in full force Trustor shall promptly furnish to Beneficiary all renewal notices and effect and inure all receipts of paid Premiums. At least thirty (30) days prior to the benefit expiration date of a policy, Trustor shall deliver to Beneficiary, at Beneficiary's request, evidence that the policy has been renewed or a new policy issued, and that all Premiums relating thereto have been paid, in a form reasonably satisfactory to Beneficiary. (c) In the event of loss, Trustor shall give prompt written notice to the insurance carrier and to Beneficiary and, subject to Trustor's right to reinvest the net proceeds resulting therefrom pursuant to the Credit Agreement, all net proceeds resulting therefrom shall be applied to the payment of the Purchaser upon Secured Obligations pursuant to the consummation Credit Agreement. (d) If the Property is sold pursuant to PARAGRAPH 40 hereof or if Beneficiary acquires title to the Property, Beneficiary shall have all of the transactions contemplated by this Agreement. The Seller has not engaged inright, title and has no knowledge interest of Trustor in and to any insurance policies and unearned premiums thereon and in and to the Mortgagor's having engaged in, proceeds resulting from any act damage to the Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Spanish Broadcasting System Inc)

Hazard Insurance. Pursuant to Grantor shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage," rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under the Master Agreement, or by Grantor making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Grantor shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least 20 days prior to the expiration date of a policy, Grantor shall deliver to Lender written notice of any significant changes to a policy and 10 days prior to the expiration date of a policy, Grantor shall deliver to Lender a copy of a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Grantor shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Grantor to Lender. In the event of loss, Grantor shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Grantor hereby authorizes and empowers Lender as attorney-in-fact for Grantor to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Grantor further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Grantor for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument or guaranteed by the Guaranty, is whether or not then due, in full force and effectthe order of application set forth in the Master Agreement (subject, and will be in full force and effect and inure however, to the benefit rights of the Purchaser upon lessor under the consummation of the transactions contemplated by ground lease if this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Instrument is on a leasehold).

Appears in 1 contract

Samples: Indemnity Deed of Trust (Town & Country Trust)

Hazard Insurance. Pursuant to Subrecipient/Mortgagor, at Subrecipient/Xxxxxxxxx's sole cost and expense, will maintain "all risk" insurance coverage on the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Improvements insuring against loss by fire, hazards of lightning, extended coverage perils and such other hazards risks and contingencies as are provided for in the Underwriting Guidelines. If may be required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood City/Mortgagee. Each such insurance policy meeting and the requirements of renewals thereof shall be written by an insurance carrier and in amounts satisfactory to the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies City/Mortgagee, contain a standard mortgagee noncontributory City/Mortgagee clause naming in favor of and in form acceptable to the Seller City/Mortgagee, and its successors be reasonably satisfactory to the City/Mortgagee in all other respects. Subject to any existing mortgage in effect and of record prior to this Mortgage, all such policies of insurance are and shall hereby be assigned, pledged and delivered to City/Mortgagee, and renewals of all such insurance policies shall be delivered to City/Mortgagee at least 30 days prior to the expiration of such policies. Subrecipient/Mortgagor hereby pledges and assigns to the City/Mortgagee, as mortgageeadditional security for the indebtedness and obligations secured hereby, all monies becoming payable under such insurance policies. If the Improvements or any part thereof shall be damaged or destroyed by fire or other casualty, Subrecipient/Mortgagor will promptly give written notice thereof to the insurance carrier and the City/Mortgagee, and all premiums thereon have been paid. The Mortgage obligates whether or not the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expenseproceeds, and if any, on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage account of any such policydamage or destruction shall be paid to the Subrecipient/Mortgagor or are sufficient for the purpose, Subrecipient/Mortgagor shall, at Subrecipient/Mortgagor's expense, promptly commence and complete the benefits repair, restoration and rebuilding of the endorsement provided Improvements that are damaged or destroyed as nearly as possible to their value, condition and character immediately prior to such damage or destruction. Provided that Subrecipient/Mortgagor is not in default hereunder, City/Mortgagee agrees to make any such insurance proceeds paid or assigned to City/Mortgagee available to Subrecipient/Mortgagor for hereinsuch repairs, or restoration and rebuilding of the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Improvements.

Appears in 1 contract

Samples: Mortgage and Security Agreement

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowledxx xx the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby Leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. The Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in an amount equal to the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. The Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance xxxxxxxx to the Lessor. It is understood and agreed that Lessee's failure obligation under this paragraph will be prorated to do soreflect the Commencement Date and Termination Date of this Lease. Notwithstanding any provisions to the contrary in the Lease, authorizes Lessor and Lessee hereby waive any rights each may have against the holder of other related to any loss or damage caused to the Mortgage Lessor or the Lessee as the case may be, or to obtain and maintain such insurance at such Mortgagor's cost and expensethe Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against the insurerLessor or the Lessee, is as the case may be. Lessor shall maintain in full force and effect, a policy of rental loss insurance, in an amount equal to the amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor unless Lessee notifies Lessor in writing that Lessee will provide the loss of rents coverage required herein. Lessee shall reimburse Lessor for the full cost of said rental loss insurance coverage. Lessee may provide all of the policies of insurance required in Section 6 provided the policies meet the standards of Lessor below and will are paid in full by Lessee: a. certificates evidencing the insurance required hereunder shall be deposited with Lessor thirty (30) days prior to the Commencement Date, and upon each renewal of such policies, shall be effective not less than thirty (30) days prior to the expiration date of the term of such coverage, b. shall be in full force a form reasonably satisfactory to Lessor and effect and inure shall provide all of the coverage required in Section 6, c. shall be carried with companies with a Best Rating of A+ minimum, d. shall specifically provide that such policies shall not be subject to cancellation, reduction of coverage or other change except after at least thirty (30) days' prior written notice to Lessor, e. shall name Lessor, a lender with a security interest in the Premises identified to Lessee by Lessor, as additional insureds by endorsement to policy to the benefit extent of the Purchaser upon the consummation full replacement cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge Premises, f. shall provide the insurance proceeds are payable to Lessor, g. shall provide that Lessee assumes responsibilities of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Lessor in Section 19 with regard to maintaining insurance.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties/New/)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby Leased, and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. The Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Leased Premises in amounts not to exceed the actual insurable value of said Premises as determined by Lessor, with proceeds payable to Lessor. The Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. The Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagor's failure full cost of said insurance as evidenced by insurance xxxxxxxx to do so, authorizes the holder of Lessor. If said insurance xxxxxxxx cover the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expenseentire building, and to seek reimbursement therefor from this Lease does not cover the Mortgagor. Where required by state law or regulationentire building, the Mortgagor has been given an opportunity insurance premiums and deductibles allocated to choose the carrier Leased Premises shall be pro-rated on a square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the Commencement Date and Termination Date of this Lease. Lessor and Lessee hereby waive any rights each may have against the required hazard insurance, provided other related to any loss or damage caused to the policy is not a "master" Lessor or "blanket" hazard insurance policy covering a condominiumthe Lessee as the case may be, or to the Premises or its contents, and which may arise from any hazard insurance policy covering the common facilities of a planned unit developmentrisk generally covered by fire and extended coverage insurance. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against the insurerLessor or the Lessee, is as the case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor. Lessee shall reimburse Lessor for the full cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Lease (Lynuxworks Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller’s interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the “master” policy and would be acceptable pursuant to the Xxxxxx Mae Guides. The Seller has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Mortgage Loan Sale and Assignment Agreement (Greenpoint Mortgage Funding Trust 2005-He3)

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

Appears in 1 contract

Samples: Purchase Agreement (Crescent Banking Co)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2004-Op1)

Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used, for any purpose other than that for which the terms said Premises am hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (at Landlord's failure election), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building as determined by Landlord's insurance company's appraisers. The Tenant agrees to pay to the Landlord as additional rent, on demand, the full cost of said insurance as evidenced by insurance xxxxxxxx to the Landlord, and in the event of damage covered by said insurance, the amount of any deductible under such policy. Tenant shall have the to specify the amount of any insurance policy to be carried by Landlord under this Lease and shall reimburse Landlord for the premiums payable with respect to insurance policies for which Tenant is responsible containing the deductible so specified by Tenant or on insurance policies for which Tenant fails to specify a deductible amount within ten (10) days following Landlord's written demand for such deductible specification. In the event of damage to the Premises covered by Landlord's "all risk" casualty policy (and not caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents, contractors, subcontractors, or invitees), Tenant shall pay the amount of any deductible under such policy if this Lease is not terminated in connection with such casualty as provided in paragraph 28. Payment shall be due to Landlord within ten (10) days after written invoice to Tenant. Notwithstanding the foregoing, Tenant's obligation to pay for the cost of any earthquake insurance premiums shall be limited to an amount equal or less than four (4) times the cost of the fire and extended coverage premiums. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain worker's compensation and maintain public liability and property damage insurance for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and property damage. Tenant shall name Landlord and Landlord's lender as an additional insured, shall deliver a copy of the policies and renewal certificate to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance at such Mortgagorwhich may be reasonably required to cover future risks. It is understood and agreed that Tenant's cost obligation under this paragraph will be prorated to reflect the commencement and expensetermination dates of this Lease. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to the Landlord or the Tenant as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk covered by state law or regulationtheir respective insurance policies, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit developmentas set forth above. The hazard parties shall use their best efforts to obtain from their respective insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage companies a waiver of any such policy, right of subrogation which said insurance company may have against the benefits of the endorsement provided for herein, Landlord or the validity and binding effect of either includingTenant, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by as the Seller;case may be.

Appears in 1 contract

Samples: Sublease (Concentric Network Corp)

Hazard Insurance. Pursuant With respect to the terms of Loans, either (i) the Mortgage, all buildings or other improvements upon a Mortgaged Property are covered by a valid and existing fire and hazard insurance policy with a generally acceptable carrier that provides for extended coverage customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fireis located, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan that is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms endorsed with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming with losses payable to Seller or REO Entity, as applicable, in an amount that is at least equal to the lesser of (A) the unpaid principal balance of such Loans, (B) the full insurable value of the Mortgaged Property, or (C) the minimum amount required to compensate for damage or loss on a replacement cost basis; or (ii) the related Servicer maintains a blanket policy that insures against fire and hazards and provides for extended coverage on the Loans for which no insurance of the type described in clause (i) exists and which names Seller or REO Entity, as applicable, as loss payee and its successors and assigns as mortgageeprovides for coverage in an amount equal to the aggregate unpaid principal balance of all such Loans, and all premiums thereon have been paidwithout co-insurance. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor therefore from the Mortgagor. Where If required by state law or regulationthe terms of the applicable Loan, the Mortgagor related Servicer has been given an opportunity to choose established and maintained escrow accounts for the carrier collection of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering premiums from the common facilities of a planned unit developmentMortgagor as permitted by applicable law. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to Buyer’s benefit upon the benefit sale of the Purchaser upon beneficial interests in the consummation Loans to Buyer. Such insurance policy requires prior notice to Seller or the related Servicer of termination or cancellation, and no such notice has been received. Seller, REO Entity and the transactions contemplated by this Agreement. The Seller has related Servicer have not engaged in, and neither Seller nor REO Entity has no any knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement any endorsements provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Hazard Insurance. Pursuant (a) Starting with the Commencement Date and continuing throughout the Term of this Lease, Lessee shall pay to Lessor, or such other party as Lessor shall designate by written notice to Lessee, as Additional Rent, Lessee's Pro-Rata Share, as defined in Paragraph 12(e) hereof, of the premiums and other charges (the "Premiums") that may be incurred or contracted for or by Lessor for fire and casualty insurance coverage for the land and buildings of which the Leased Premises form a part, including protection from such perils as may be insured against under a broad form extended coverage endorsement or on all risk of physical loss policy, and further including loss of rental coverage in an amount equal to the terms Rent for one (1) Lease Year. The premiums for all insurance to be obtained by Lessor under this Paragraph 12 (a) shall be reasonably competitive with the premiums charged for similar insurance protection by reputable insurers for comparable properties. Lessee agrees that it will not store gasoline or other explosive, flammable or toxic material in the Leased Premises or do anything which may cause Lessor's insurance company to void the policy covering the Leased Premises or to increase the premium thereon, and that Lessee will immediately conform to all rules and regulations from time to time made or established by Lessor's insurance company or insurance rating bureau. Lessor will do everything reasonably possible and consistent with the conduct of Lessee's business to obtain the lowest possible rates for insurance on the Leased Premises. If, however, the cost to Lessor of obtaining insurance on the Leased Premises (or the building which the Leased Premises are located) is increased due to the Lessee's occupancy thereof, and the Lessor's insurer provides evidence that said increase is the direct cause of Lessee's occupancy, Lessee agrees to pay, promptly upon demand, as additional rental, any such increase. (b) On or before the Commencement Date and before the due date of each and every bill for the Premiums, Lessor shall forward to Lessee an "Insxxxxce Statement" which shall contain an estimated statement of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards amount due from Lessee from time to time as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements Lessee's Pro-Rata Share of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesPremiums. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the MortgagorLessor's failure to do soforward, authorizes the holder or to timely forward, any Insurance Statement shall not excuse Lessee from its liability for Lessee's Pro-Rata Share of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Premiums.

Appears in 1 contract

Samples: Assignment and Assumption of Leases (North American Vaccine Inc)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)

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

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Sasco 2006-Bc3)

Hazard Insurance. Pursuant to the terms of of: (i) the MortgageMH Loan, all buildings or other improvements upon the Mortgaged Property are MH Contract, the MH Note, the related Manufactured Home is insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards fire and such other risks as are usually insured against in the broad form of extended coverage and hazard insurance available from time to time. All such other hazards as are provided for in insurance policies (collectively, the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood "hazard insurance policy meeting policy") meet the requirements of the current guidelines of the Federal Insurance Administration Administration, and conform to Accepted Servicing Practices, and are a standard policy of insurance for the locale where the related Manufactured Home is located. The amount of the insurance is at least in the amount of the full insurable value of the related Manufactured Home on a replacement cost basis or the unpaid balance of the MH Loan, whichever is less. The hazard insurance policy names (and will name) the Obligor as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain insured and contains a standard mortgagee loss payable clause naming the in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage MH Note and/or the MH Contract obligates the Mortgagor Obligor thereunder to maintain the hazard insurance policy at the MortgagorObligor's cost and expense, and on the MortgagorObligor's failure to do so, authorizes the holder of the Mortgage MH Note and/or the MH Contract to obtain and maintain such insurance at such MortgagorObligor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit developmentObligor. The hazard insurance policy is the valid and binding obligation of the insurer, . The hazard insurance policy is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Repurchase Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having nor have any originator or any subservicer engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement endorsements provided for hereintherein, or the validity and binding effect of either including, without limitationeither. 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 . No such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Affordable Residential Communities Inc)

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

Appears in 1 contract

Samples: Master Repurchase Agreement (PHH Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xxxxxexxx of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

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

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Hazard Insurance. Pursuant to The Property securing the terms of the MortgageLoan is insured by a fire and extended perils insurance policy, all buildings or other improvements upon the Mortgaged Property are insured issued by a generally acceptable insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where such Property is located, and to the extent required by Seller as of the date on which the Loan was originated, and against other risks insured against by Persons operating like properties in the locality of such Property, in an amount not less than the greatest of (a) one hundred percent (100%) of the replacement cost of all improvements to such Property, or (b) the outstanding principal balance of the Loan, all in a form usual and customary in the industry and that is in full force and effect, and all amounts required to have been paid under any such policy have been paid. If required any portion of such Property is in an area identified by any Federal governmental authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (a) the outstanding principal balance of the Loan, (b) the full insurable value of the Property, and (c) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Loan), as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the MortgagorBorrower's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller. Seller has caused or will cause to be performed any and all acts required to preserve the Seller;rights and remedies of Buyer in any insurance policies applicable to the Loan including, without limitation, any necessary notifications of insurers, assignments of policies or interests therein, and establishments of coinsured, joint loss payee and mortgagee rights in favor of Buyer.

Appears in 1 contract

Samples: Master Loan Sale Agreement

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by in a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required manner prescribed by the National Flood Insurance Act of 1968, Senior Lender(s) (as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as defined in effect which policy conforms with the Underwriting GuidelinesParagraph 16). All individual insurance policies contain and renewals of them shall include a standard mortgagee clause naming in favor of and in form acceptable to Lender. Borrower shall promptly furnish to Lender all renewal notices of such insurance policies and all receipts of paid premiums. In the Seller event of loss, Borrower shall give prompt notice to the insurance carrier and its successors Lender. Lender may make proof of loss, if not made promptly by Xxxxxxxx. Subject to the rights of the Senior Lender(s), unless Xxxxxx and assigns as mortgageeBorrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of that part of the Property damaged, if such restoration or repair is economically feasible and the security of this Mortgage is not impaired by such restoration or repair. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired by such restoration or repair, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to the Borrower. If the Property is abandoned by the Borrower, or if Xxxxxxxx fails to respond to Lender within thirty (30) days from the date notice is mailed by Xxxxxx to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Xxxxxx is authorized to collect and apply the insurance proceeds, at Lender’s option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of payments referred to in Paragraph 1, or change the amount of such payments. If, under Paragraph 17, the Property is acquired by Xxxxxx, all right, title and interest of Borrower in and to any insurance policies, and all premiums thereon have been paid. The Mortgage obligates in and to the Mortgagor thereunder proceeds of them resulting from damage to maintain the hazard insurance policy at Property prior to the Mortgagor's cost and expensesale or acquisition, and on shall pass to Lender to the Mortgagor's failure to do so, authorizes the holder extent of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Mortgage

Hazard Insurance. Pursuant to Grantor shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage," rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under the Master Agreement, or by Grantor making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Grantor shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least 20 days prior to the expiration date of a policy, Grantor shall deliver to Lender written notice of any significant changes to a policy and 10 days prior to the expiration date of a policy, Grantor shall deliver to Lender a copy of a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Grantor shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Grantor to Lender. In the event of loss, Grantor shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Grantor hereby authorizes and empowers Lender as attorney-in-fact for Grantor to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Grantor further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Grantor for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument, is whether or not then due, in full force and effectthe order of application set forth in the Master Agreement (subject, and will be in full force and effect and inure however, to the benefit rights of the Purchaser upon lessor under the consummation of the transactions contemplated by ground lease if this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Instrument is on a leasehold).

Appears in 1 contract

Samples: Deed of Trust (Town & Country Trust)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of included within the term "extended coverage coverage", and such other hazards as are provided Lender may require and in such amounts and for such periods as Lender may require and, if the Property is located in an area designated by or on behalf of the Underwriting GuidelinesUnited States of America as having specific flood hazards shall also keep such improvements insured against loss by flooding; provided, that at all times the amount of such coverage shall be in an amount at least equal to the original Principal amount of the debt secured hereby or 100% of the replacement value of the improvements located on the Property, whichever is the lesser. If required In determining the replacement value of such improvements, the Lender may either accept the value placed on the improvements by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered insurer or use the value placed on such improvements by a flood insurance policy meeting the requirements Lender's appraisal of the current guidelines Property. Such insurance shall pay in full the amount of any partial or total loss to the Federal Insurance Administration as in effect which policy conforms with full amount of such insurance and shall be otherwise sufficient to prevent the Underwriting GuidelinesBorrower from being a co-insurer. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All individual insurance policies contain and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller right to hold the policies and its successors renewals thereof, and assigns as mortgageeBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. If a loss occurs, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. All sums payable under the insurance policies are hereby assigned and shall be paid to Lender, and all sums received by Borrower on account of the policies shall be promptly paid over to Lender. At the option of Lender, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired, or if such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Xxxxxxxx, or if Xxxxxxxx fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. If Borrower fails to pay any insurance premiums thereon have been paidwhen due, Lender may, at its option, pay said premiums on behalf of Borrower, in which case, Borrower shall promptly reimburse Lender. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy Any amounts so advanced by Lender shall bear interest at the Mortgagor's cost rate of five percent (5%) per annum and expense, and on be added to the Mortgagor's failure to do so, authorizes the holder amount of the Mortgage to obtain debt secured by this Deed of Trust. If under paragraph 20 hereof the property is acquired by Lender, all right, title and maintain such insurance at such Mortgagor's cost and expense, interest of Borrower in and to seek reimbursement therefor any insurance policies and in and to the proceeds thereof resulting from damage to the Mortgagor. Where required by state law Property before the sale or regulation, acquisitions shall pass to Lender to the Mortgagor has been given an opportunity to choose the carrier extent of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately before such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Purchase Money Deed of Trust

Hazard Insurance. Pursuant to The Mortgage Property is covered by a policy of hazard insurance and insurance against other insurable risks and hazards as are customary in the terms of the Mortgage, all buildings or other improvements upon area where the Mortgaged Property are insured is located in such amounts as required by a generally acceptable insurer against loss by firethe applicable Approved Investor and in accordance with the Seller’s underwriting guidelines and the Agency Guides, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinesapplicable. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Agency Guides. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Mortgage Loan), as mortgagee. No notice of reduction, and all termination or cancellation has been received by Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller, in any case to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 xf xxe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagorthx Xxxxxxxor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSellers or the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Hazard Insurance. Pursuant to the terms of the Mortgage(a) Borrower shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, obtain and on maintain insurance upon and relating to all insurable Property by all-risk insurance policies and, if requested by Lender, shall include perils of collapse, flood, as well as other insurance coverages, in amounts equal to one hundred percent (100%) of the Mortgagor's failure replacement cost of the Improvements during the construction thereof and at least one hundred percent (100%) of the replacement cost of the Improvements not under construction, or in such additional amounts as Lender may reasonably require, with loss made payable to Lender and with a standard form mortgage clause. Borrower shall deliver the policies of insurance to Lender promptly as issued; and, if Borrower fails to do so, authorizes the holder of the Mortgage to obtain and maintain such failure continues beyond any applicable cure period, Lender, at its option, may procure such insurance at such MortgagorBorrower's cost expense. Lender shall have the right to hold the policies, and expenseBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. All renewal and substitute policies of insurance shall be delivered at the office of Lender, premiums paid, at least ten (10) days before termination of policies previously delivered to Lender. (b) In the event of loss, Borrower shall give immediate written notice to the insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in and prosecute any action arising from such, insurance policies, to collect and receive insurance proceeds, and to seek reimbursement therefor deduct there from Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided, however, that nothing contained in this Section 6.05 shall require Lender to incur any expense or take any action under this Instrument. Where required Borrower further authorizes Lender, at Lender's option, (i) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property, or (ii) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth herein. (c) If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of any proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialman and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Lender may require. If the carrier insurance proceeds are applied to the payment of sums secured by this instrument, any such application of proceeds to principal shall not extend or postpone the due date of the required hazard insuranceinstallments referred to in Sections 2.03 and 6.07 or change the amounts of such installments. If the Property is sold pursuant to Section 8.03 or if Lender acquires title to the Property, provided Lender shall have all rights, title, and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the policy is not a "master" proceeds resulting from any damage to the Property prior to such sale or "blanket" hazard insurance policy covering a condominiumacquisition. (d) In case of loss, or any hazard insurance policy covering Lender, as it determines in its sole and absolute discretion, shall be entitled to receive and retain the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation proceeds of the insurerinsurance policies, is applying the same to payment of the Indebtedness in full force such order and effectmanner as Lender, in its sole and will absolute discretion, may elect. If any loss shall occur at any time when an Event of Default exists, Lender shall be in full force and effect and inure entitled to the benefit of all insurance held by or for any Borrower, to the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged insame extent as if it had been made payable to Lender, and has no knowledge upon foreclosure under this Instrument. Lender shall become the owner of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;all insurance policies.

Appears in 1 contract

Samples: Mortgage (Greenbriar Corp)

Hazard Insurance. Pursuant to Borrower shall keep the terms of Property and all improve- ments now existing or hereinafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, all hazards of included within the term "extended coverage coverage", and such any other hazards as are provided for which the Lender requires insurance. This insurance shall be maintained in the Underwriting Guidelinesamounts and for the periods that Lender may re- quire. If required The carrier providing the insurance shall be chosen by the National Flood Insurance Act of 1968Borrower subject to Lender's reasonable approval. All insurance policies and renewals shall be in a form that is accept- able to the Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, as amended, each Mortgage Loan is covered by a flood insurance policy meeting and shall be deemed to be the requirements attorney-in-fact of the current guidelines Borrower for the purpose of settling, com- promising, or otherwise dealing with any such policies or the proceeds there from, and is hereby appointed attorney in fact for said purposes, said ap- pointment to be deemed to be coupled with an interest and irrevocable. Bor- rower shall promptly give the Lender all receipts of paid premiums and renew- al notices. In the event that Borrower shall fail to provide such paid re- ceipts, or in the event that the Lender is notified by the insurer of cancel- lation of coverage, Lender may insure the premises, at the expense of the Federal Insurance Administration Borrower, on a "flat basis" or otherwise with an insurer of the Lender's se- lection, in such amounts and at such premium charges as the Lender may deter- mine to be available or reasonable, and any such policy may provide that the Lender is the only named insured thereunder and that the Borrower shall have no benefit of insurance under any such policy, nor any claim thereon whatso- ever in effect which policy conforms the event of loss. In the event of loss, Borrower shall promptly give notice to the Lender and cooperate with the Underwriting GuidelinesLender in all matters of settlement. All individual Lender may make proof of loss on any such policy. Unless Lender and Borrower otherwise agree in writing, insurance policies contain a standard mortgagee clause naming proceeds shall be (1) ap- plied to restoration or repair of the Seller and its successors and assigns as mortgageeProperty damages if: (A) restoration or repair is economically feasible, (B) the Borrower is fully current in all obligations of payment, and (C) the Lender's security interest is not less- ened thereby (as determined in the sole subjective evaluation of the Lender), and then (2) otherwise paid to the Lender. In the event that the Lender de- termines repair or restoration not to be economically feasible, or in the event that the Borrower is not fully current in the Borrower's obligations to the Lender, then the Lender may at the Lender's option demand that all premiums thereon have been paidinsur- ance proceeds be applied to the sums secured by this Security Agreement, whether or not then due, with any excess paid to the Borrower. The Mortgage obligates Lender may accept any tender of settlement from an insurance carrier upon thirty days written notice to the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure Borrower of his intention to do so, authorizes and Borrower shall have no claim against the holder Lender or the insurer whatsoever thereafter. Unless otherwise agreed in writing, any application of proceeds of principal shall not exceed or postpone the due date of the Mortgage monthly payments referred to obtain in paragraph 1 and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from 2 or change the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier amount of the required hazard insurance, provided payments. If the policy Property is not a "master" or "blanket" hazard insurance policy covering a condominiumacquired by the Lender, or any hazard insurance policy covering sold to a third party by the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation Lender by execu- tion of the insurerPower of Sale or otherwise, is in full force and effect, and will be in full force and effect and inure all Borrower's rights to any insur- ance policies or proceeds shall pass to the benefit of Lender or to any purchaser and the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has Borrower shall have no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;further claim thereon.

Appears in 1 contract

Samples: Mortgage Deed and Security Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge knxxxxxxe of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the applicable Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Xxxxxxxxx’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gsamp Trust 2003-He1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 ox xhe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSellers or the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

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