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 customarily insured against in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 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 in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing 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 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He7), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards hazards, if any, as are usually and customarily insured against by prudent mortgage lenders in the jurisdiction where community in which the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementlocated. 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 effecteffect which policy conforms to the requirements usually and customarily insured against by prudent mortgage lenders in the community in which the related Mortgaged Property is located, as well as all additional requirements set forth in Section 2.10 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Decision 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 '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 Decision One 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 SellerDecision One;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to FannieMae against loss by fire, hazards of extended coverage fire and such other hazards risks as are customarily usually insured against in the jurisdiction where the related Mortgaged Property is located and acceptable broad form of extended coverage hazard insurance available from time to the Rating Agenciestime, as well as all additional requirements set forth in Section 2.10 including flood hazards if upon origination of the Servicing Agreement. If Mortgage Loan, the Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and if flood insurance was required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a federal regulation and such flood insurance policy meeting has been made available). All such insurance policies (collectively, the "hazard insurance policy") meet the requirements of the current guidelines of the Federal Insurance Administration as in effectAdministration, as well as all additional conform to the requirements set forth in Section 2.10 of the Servicing AgreementFannieMae Seller's Guide and the FannieMae Servicers' Guide and are a standard policy of insurance for the locale where the Property is located. All individual The amount of the insurance policies contain is at least in the amount of the full insurable value of the Property on a replacement cost basis or the unpaid balance of the Mortgage Loan, whichever is less. The hazard insurance policy names (and will name) the Mortgagor as the insured and contains a standard mortgagee loss payable clause naming in favor of the Seller related Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. 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 insuranceinsurance policy, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trust upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 's or any other party's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either 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 3 contracts
Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1), Pooling and Servicing Agreement (Amresco Residential Securities Corp), Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2)
Hazard Insurance. 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementUnderwriting 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, as well as all additional requirements set forth in Section 2.10 of effect which policy conforms with the Servicing AgreementUnderwriting 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 Trust upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller has or Servicer if the policy is canceled or not engaged inrenewed, or if any other change that adversely affects the Seller’s interests is made; the certificate includes the types and has no knowledge amounts of coverage provided, describes any endorsements that are part of the Mortgagor’s having engaged in, any act or omission which “master” policy and would impair be acceptable pursuant to the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerXxxxxx Mae Guides;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Pooling and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction Underwriting Guidelines, and are customary in the area where the related Mortgaged Property is located and acceptable situated, in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 lesser of (i) the maximum insurable value of the Servicing Agreementimprovements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If 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 effecteffect which policy conforms to the Underwriting Guidelines in an amount representing coverage not less than the lesser of (i) the aggregate unpaid principal balance of the Mortgage Loan, (ii) maximum amount of insurance which is available under the National Flood Insurance Act of 1968, as well as all additional requirements set forth amended (regardless of whether the area in Section 2.10 which such Mortgaged Property is located is participating in such program), and (iii) the full replacement value of the Servicing Agreementimprovements which are part of such Mortgaged Property. 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc1), Pooling and Servicing Agreement (GSAMP Trust 2005-Wmc3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer generally acceptable insurer under the Takeout Guidelines and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against required in the jurisdiction where Takeout Guidelines pursuant to an insurance policy conforming to the related requirements of Takeout Guidelines and providing coverage in an amount equal to the lesser of (i) the full insurable value of the Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. If required an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidTakeout Guidelines. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, expense and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s , any Subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either 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: Master Repurchase Agreement, Master Repurchase Agreement (Ryland Group Inc), Master Repurchase Agreement (Pulte Homes Inc/Mi/)
Hazard Insurance. Pursuant As of the WMC Servicing Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Seller in accordance with the Underwriting Guidelines and which is rated B:III or better in the current Best's Key Rating Guide ("Best's") against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementsituated. 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, as well as all additional requirements set forth in Section 2.10 of effect which policy conforms to the Servicing AgreementUnderwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller WMC and its successors and assigns as mortgagee, and as of the WMC Servicing Transfer Date, all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor’s '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 As of the WMC Servicing Transfer Date, where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The As of the WMC Servicing Transfer Date, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller WMC 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 SellerWMC;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm1)
Hazard Insurance. Pursuant to the terms of the Mortgage, all 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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 located. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementFxxxxx Mae and Fxxxxxx Mac. Such flood insurance shall be with a Qualified Insurer. 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, 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 Company has not engaged in, and has no knowledge of the Mortgagor’s Mortgagor or any subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sasco 2006-Bc3)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located, in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 lesser of (i) the maximum insurable value of the Servicing Agreementimprovements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance of the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. If 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 effecteffect with a generally acceptable insurance carrier in an amount representing coverage equal to the lesser of (i) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the mortgage if replacement cost coverage is not available for the type of building insured) and (ii) the maximum amount of insurance which is available under the Flood Disaster Protection Act of 1973, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementamended. 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, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Hazard Insurance. Pursuant The Mortgage Loan obligates the Mortgagor thereunder to maintain a hazard insurance policy (“Hazard Insurance”) in an amount at least equal to the terms lesser of (i) the amount necessary to fully compensate for any damage or loss to the improvements which are part of such Mortgaged Property on a replacement cost basis and (ii) the outstanding principal balance of the MortgageMortgage Loan, all buildings or other improvements upon in either case in an amount sufficient to avoid the application of any “co-insurance provisions”, and, if it was in place at origination of the Mortgage Loan, flood insurance, at the Mortgagor’s cost and expense. If the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against is in an area identified in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. If required Federal Register by the National Flood Insurance Act of 1968Federal Emergency Management Agency (“FEMA”) as having special flood hazards, as amended, each Mortgage Loan is covered by a flood insurance policy meeting is in effect which met the requirements of FEMA at the current guidelines of the Federal Insurance Administration as in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing 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 paidtime such policy was issued. The Mortgage obligates the Mortgagor thereunder to maintain the hazard Hazard Insurance and, if applicable, flood 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 the Mortgagor’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required The Mortgaged Property is covered by state law Hazard Insurance. Each Seller has obtained a life of loan, transferable flood certification contract for each Mortgage Loan and such contract is assignable without penalty, premium 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 cost 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;Buyer.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementUnderwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each or if upon origination of the Mortgage Loan, the improvements on the Mortgaged Property were in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effectwhich policy conforms to Xxxxxx Xxx and Xxxxxxx Mac requirements. The amount of such insurance shall be no less than the least of (A) the actual unpaid principal balance of the Mortgage Loan, (B) the full insurable value and (C) the maximum amount of insurance which was available under the Flood Disaster Protection Act of 1983, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementamended. Such policy was issued by an insurer acceptable under Xxxxxx Mae or Xxxxxxx Mac guidelines. All individual insurance policies contain a standard mortgagee clause naming 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 Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxexxx set forth in Section 2.10 Xxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth requirementx xxx fxxxh in Section 2.10 Xxxxxxx 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2), Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc MRT PSS THR Cert Ser 2002-Nc6)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxexxx set forth in Section Xxxxxxx 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth requirementx xxx fxxxh in Section Xxxxxxx 2.10 of the Servicing 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 '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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against required in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidXxxxxx Xxx. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, expense and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering 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 , any subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementApproved 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 effecteffect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor’s 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 Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 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 2 contracts
Samples: Master Repurchase Agreement (M I Homes Inc), Master Repurchase Agreement (M I Homes 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements reqxxxxxxnxx set forth in Section 2.10 Sxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxx xoxxx in Section 2.10 Sxxxxxx 3.13 of the Pooling 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 '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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller NC Capital 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 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;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)
Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located. Borrower must obtain coverage in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required uponorigination of the 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 a having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration as is in effect, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 of the Servicing AgreementApplicable Requirements. 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 all insurance policy policies at the MortgagorBorrower’s cost and expense, and on the MortgagorBorrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorBorrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, 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 insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s Borrower having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either 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 2 contracts
Samples: Correspondent Loan Purchase Agreement, Correspondent 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional axxxxxxnxx requirements set forth sxx xxxxh in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxxxxrements sxx xxxxh in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc6), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2004-Nc3)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxxexxxts set forth in Section ix Xxxxxon 2.10 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 in effecteffect which policy conforms to Fannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxxexxxts set forth in Section ix Xxxxxon 2.10 of the Servicing 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 '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 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs), 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 extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with an Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the 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 2 contracts
Samples: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddix Xxx, as xx well as all additional requirements additionxx xxxxirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional xx xxx adxxxxxxxl requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Mort Pass THR Certs Ser 2003-Nc10), Pooling and Servicing Agreement (Msac 2006-Nc1)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, secondary mortgage market as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing 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 all such 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 the Mortgagor’s cost and expense, 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 , any subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Jpmac 2006-Acc1), Pooling and Servicing Agreement (Jpmac 2006-Cw2)
Hazard Insurance. 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxexxx set forth in Section 2.10 Xxxxxxx 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 in effecteffect which policy conforms to Fannie Mae and Freddie Mac requirements, as well as all additional requirements set forth additionax xxxxixxxents xxx xxxth in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 SellerNC Capital Corporation;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivalbes LLC Trust 2004-Nc3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2004-Nc2)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to FNMA against loss by fire, hazards of extended coverage fire and such other hazards risks (excluding mud slides and earthquakes) as are customarily usually insured against in the jurisdiction where broad form of extended coverage hazard insurance from time to time available, including flood hazards if upon origination of the related Loan, the Mortgaged Property is located was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. If if flood insurance was required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a federal regulation and such flood insurance policy meeting has been made available). All such insurance policies (collectively, the "hazard insurance policy") meet the requirements of the current guidelines of the Federal Insurance Administration as in effectAdministration, as well as all additional conform to the requirements set forth in Section 2.10 of the Servicing AgreementFNMA Sellers' Guide and the FNMA Servicers' Guide, and are a standard policy of insurance for the locale where the Mortgaged Property is located. All individual The amount of the insurance policies contain is at least in the amount of the full insurable value of the Mortgaged Property on a replacement cost basis or the unpaid balance of the Mortgage Loan, whichever is less. The hazard insurance policy names (and will name) the Obligor as the insured and contains a standard mortgagee loss payable clause naming the in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage obligates the Mortgagor Obligor thereunder to maintain the hazard insurance policy at the Mortgagor’s Obligor's cost and expense, and on the Mortgagor’s Obligor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor’s Obligor's cost and expense, and to seek reimbursement therefor from the MortgagorObligor. Where required by state law or regulation, the Mortgagor Obligor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s Obligor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either 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 such unlawful items have been received, retained or realized by the Seller;.
Appears in 2 contracts
Samples: Loan Purchase Agreement (Westmark Group Holdings Inc), Bulk Continuing Loan Purchase Agreement (Austin Funding Com 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 customarily insured against in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Residential Servicing Agreement. Agreement attached hereto as Exhibit B. 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 effectAdministration, which policy conforms to FNMA, as well as all additional requirements set forth in Section 2.10 of the Residential Servicing Agreement. 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 paid. The Mortgage for each Mortgage Loan 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 To the best knowledge of the Seller, the hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. No action, inaction or event has occurred and no state of facts exists or has existed that has resulted or could result in the exclusion from, denial of, or defense to coverage under any hazard insurance policy. The 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 2 contracts
Samples: Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp), Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementUnderwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each or if upon origination of the Mortgage Loan, the improvements on the Mortgaged Property were in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, the Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effectwhich policy conforms to Xxxxxx Mae and Xxxxxxx Mac requirements. The amount of such insurance shall be no less than the least of (A) the actual unpaid principal balance of the Mortgage Loan, (B) the full insurable value and (C) the maximum amount of insurance which was available under the Flood Disaster Protection Act of 1983, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementamended. Such policy was issued by an insurer acceptable under Xxxxxx Mae or Xxxxxxx Mac guidelines. All individual insurance policies contain a standard mortgagee clause naming 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 (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxrxxxnts set forth in Section xx Xxxxion 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section requiremxxxx xex xorth xx Xxxxion 2.10 of the Servicing 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 '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 2 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Flow Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 located. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with a Qualified Insurer. 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, 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 Company has not engaged in, and has no knowledge of the Mortgagor’s Mortgagor or any subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;
Appears in 2 contracts
Samples: Servicing Agreement (Sail 2006-3), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sasco 2006-Bc4)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements additionxx xxxuxxxments set forth in Section 2.10 xx Xxction 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 requirxxxxxx xxx fortx xx Xxction 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Nc3), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-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 hazards, if any, as are usually and customarily insured against by prudent mortgage lenders in the jurisdiction where community in which the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementlocated. 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 effecteffect which policy conforms to the requirements usually and customarily insured against by prudent mortgage lenders in the community in which the related Mortgaged Property is located, as well as all additional requirements set forth in Section 2.10 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Decision 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 '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 xxxx xxx Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The 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 Decision One 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 SellerDecision One;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6)
Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located. Borrower must obtain coverage in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required upon origination of the 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 a having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration as is in effect, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 of the Servicing AgreementApplicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the Seller Xxxxxx 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 all insurance policy policies at the MortgagorBorrower’s cost and expense, and on the MortgagorBorrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorBorrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, 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 insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s Borrower having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either 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 2 contracts
Samples: Correspondent Loan Purchase Agreement, Correspondent Loan Purchase Agreement
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional requirements set forth effect which policy conforms to the customary standards acceptable in Section 2.10 of the Servicing 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 paidsecondary mortgage market. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 Knowledge of the Mortgagor’s , any subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3), Pooling and Servicing Agreement (J.P. Morgan Mortgage Trust 2007-S3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to Xxxxxx Mae and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against required in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, Xxxxxx Xxx Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidXxxxxx Mae. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 , any subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as xx xxxl xx all additional requirements additionax xxxxxrements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements ax xxx axxxtionax xxxxxrements set forth in Section 2.10 of the Servicing 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 '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 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set forth requiremxxxx xex xorth in Section 2.10 of the Servicing Sexxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 of the Servicing xxxxx ix xhe Sexxxxxxx Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Aames 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 Aames 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 SellerAames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agenciesrequirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 if applicable. If upon origination of the Servicing Agreement. If required Eligible 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 effecteffect which policy conforms to the requirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementif 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 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, 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 entity, and no such unlawful items have been received, retained or realized by the Seller;either.
Appears in 1 contract
Samples: Mortgage Loan Repurchase and Servicing Agreement (PHH Corp)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agenciesrequirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 if applicable. If upon origination of the Servicing Agreement. If required Eligible 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 effecteffect which policy conforms to the requirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementif applicable. All individual insurance policies contain a standard mortgagee clause naming the Seller or the Additional Seller, as applicable, and its respective successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the 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, insurer and is in full force and effect, and will be in full force and effect and inure to . Neither the benefit of Seller nor the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Additional 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;either.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxents set forth in Section 2.10 Xxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set requirementx xxx forth in Section 2.10 Xxxxxxx 3.13 of the Pooling 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 '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 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 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 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 extended coverage and such other hazards as are customarily insured against in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae, as well as all additional requirements set forth in Section 2.10 Sexxxxx 3.00 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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;Responsible Party.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2002-Op1)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 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 effecteffect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Aames 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 '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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller Aames Capital Corporation 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 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 SellerAames Capital Corporation;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Am1)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements additioxxx xxqxxxements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 requixxxxxxs xxt forxx xx Xection 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2003-Nc7)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set forth requiremexxx xxt xxrth in Section 2.10 of 0.00 xf 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 of fxxxx xn Xxction 0.00 xf the Servicing 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 '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 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements reqxxxxxxnts set forth in Section 2.10 of the Servicing txx Xxxxicing 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxx xorth in Section 2.10 of the Servicing txx Xxxxicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Aames 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 Aames 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 SellerAames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth of Fannxx Xxx xxx Fredxxx Xxx in Section 2.10 an amount not less than the greatest of (i) 100% of the Servicing Agreementreplacement cost of all improvements to the Mortgaged Property, (ii) either (A) the outstanding principal balance of the Mortgage Loan with respect to each First Lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the First Lien Mortgage Loan and the outstanding principal balance of the Second Lien Mortgage Loan, or (iii) the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property, and consistent with the amount that would have been required as of the date of origination in accordance with the requirements of Fannxx Xxx and Fredxxx Xxx. 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementFannxx Xxx and Fredxxx 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 '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 having engaged in, any act or omission which 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;Where
Appears in 1 contract
Samples: Master Repurchase Agreement (Starnet Financial 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddix Xxx, as xx well as all additional requirements additionxx xxxxirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional xx xxx adxxxxxxxl requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 Mort Ps-THR Cer Ser 2003-Nc5)
Hazard Insurance. Pursuant to the terms tens 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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and 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 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 As of the Servicing Transfer Date for WMC Mortgage Loans sold after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer in accordance with the Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, situated as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. As of the Servicing Agreement. If Transfer Date for WMC Mortgage Loans sold after September 1, 2005 and as of the Closing Date for all other WMC Mortgage 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 and is in effect, which policy conforms to the Underwriting Guidelines as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. As of the Servicing Agreement. All Transfer Date for WMC Mortgage Loans sold after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, all individual insurance policies contain a standard mortgagee clause naming the Seller WMC Mortgage Corp. and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the Servicing Transfer Date for WMC Mortgage Loans sold after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, 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 txx 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 WMC Mortgage Corp. 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 SellerWMC Mortgage Corp.;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He6)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxexxx set forth in Section 2.10 Xxxxxxx 3.13 of the Pooling and Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each NC Capital Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth requirementx xxx fxxxh in Section 2.10 Xxxxxxx 3.13 of the Pooling 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 '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 Trustee on the consummation of the transactions contemplated by this AgreementClosing Date. 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 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-He3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a an insurer generally acceptable insurer under the Takeout Guidelines and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against required in the jurisdiction where Takeout Guidelines pursuant to an insurance policy conforming to the related requirements of Takeout Guidelines and providing coverage in an amount equal to the lesser of
(i) the full insurable value of the Mortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If the Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. If required an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidTakeout Guidelines. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 Administrative Agent (as agent and representative of Buyers) upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s , any Subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.
Appears in 1 contract
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxxexxxts set forth in Section ix Xxxxxon 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section requiremexxx xxt xxrth ix Xxxxxon 2.10 of the Servicing 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 '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 1 contract
Samples: Flow 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 covered by extended coverage insurance and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agenciesapplicable Agency Guidelines or FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementAgency Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan the related Mortgaged Property is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effecteffect which policy conforms to the applicable Agency Guidelines, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementor FHA, VA, RHS or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller Xxxxxx 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 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 MortgagorXxxxxxxxx’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 having engaged in, any act or omission which 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 the Seller;, in any case.
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 Mortgagor shall keep 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 in accordance with the requirements under the Lease. Mortgagor shall further maintain comprehensive public liability insurance and such other insurance, and in such amounts, as are customarily insured may from time to time be reasonably required by Mortgagee against in the jurisdiction where same or other hazards. The insurance carrier providing the related Mortgaged Property is located and acceptable insurance shall be chosen by Mortgagor. All premiums on insurance policies shall be paid by Mortgagor making payment, when due, directly to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 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 in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementcarrier. All individual insurance policies contain and renewals thereof shall include a standard mortgagee clause naming in favor of and in form acceptable to Mortgagee. Mortgagee shall receive a certificate evidencing the Seller and its successors and assigns as mortgageeinsurance required hereby, and Mortgagor shall promptly furnish to Mortgagee all premiums thereon have been paidrenewal notices and all receipts of paid premiums. The Mortgage obligates In the event of loss, Mortgagor thereunder shall give prompt notice to maintain the hazard insurance policy at the carrier and Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor’s cost . Unless Mortgagee and expenseMortgagor otherwise agree in writing, and on the Mortgagor’s failure insurance proceeds shall be applied to do sorestoration, authorizes the holder repair or replacement of the Mortgaged Property damaged in accordance with the Lease. If such restoration, repair or replacement is not economically feasible or if the security of this Mortgage would, in the opinion of Mortgagee, be impaired, the insurance proceeds shall be applied to obtain the sums secured by this Mortgage, with the excess, if any, paid to Mortgagor. If the Mortgaged Property or any part thereof is abandoned by Mortgagor, or if Mortgagor fails to respond to Mortgagee within thirty (30) days from the date notice is mailed by Mortgagee to Mortgagor that the insurance carrier offers to settle a claim for insurance benefits, Mortgagee is authorized to collect and maintain apply the insurance proceeds at Mortgagee's option either to restoration, repair or replacement of the Mortgaged Property or to the sums secured by this Mortgage. Unless Mortgagee and Mortgagor otherwise agree in writing, any such insurance at application of proceeds to principal shall not extend or postpone the due date of the installments referred to in Paragraph 1 hereof or change the amount of such Mortgagor’s cost installments. If under this mortgage the Mortgaged Estate or any part thereof is acquired by Mortgagee, all right, title and expense, interest of Mortgagor 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 Mortgaged Property prior to the sale or regulation, acquisition shall pass to Mortgagee to the Mortgagor has been given an opportunity to choose the carrier extent of the required hazard insurancesums secured by this Mortgage immediately prior to such sale or acquisition, 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 subject to the benefit prior claims 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;third parties.
Appears in 1 contract
Samples: Leasehold Mortgage and Security Agreement (Lighttouch Vein & Laser 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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and 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 having engaged in, any act or omission which 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;this
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementFannie 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 is in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementeffect which policy conforms to Fannie Mae or Freddie Mac. All individual insurance policies contain a standard mortgagee contxxx x sxxxdard xxxxxxgee 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 '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 Assignor 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 '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 SellerCompany;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ff11)
Hazard Insurance. Pursuant As of the Accredited Transfer Date, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agenciesrequirements of Xxxxxx Xxx and Xxxxxxx Mac. As of Accredited Transfer Date, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreement. If 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, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementeffect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac. All individual insurance policies contain a standard mortgagee clause naming the Seller Accredited 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 purchase of the Mortgage Loan by this AgreementPurchaser. The Seller Depositor 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 SellerDepositor;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddix Xxx, as xx well as all additional requirements additionxx xxxxirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional xx xxx adxxxxxxxl requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 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 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Ser 2002 Nc1)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 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 effecteffect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller NC Capital 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 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;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
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 Xxxxxxx Mac against loss by fire, hazards of extended coverage fire and such other hazards risks as are customarily usually insured against in the jurisdiction where the related Mortgaged Property is located and acceptable broad form of extended coverage hazard insurance available from time to the Rating Agenciestime, as well as all additional requirements set forth in Section 2.10 including flood hazards if upon origination of the Servicing Agreement. If Mortgage Loan, the Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and if flood insurance was required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a federal regulation and such flood insurance policy meeting has been made available). All such insurance policies (collectively, the "hazard insurance policy") meet the requirements of the current guidelines of the Federal Insurance Administration as in effectAdministration, as well as all additional conform to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxxx Mac Seller's Guide and the Xxxxxxx Mac Servicers' Guide and are a standard policy of insurance for the locale where the Property is located. All individual The amount of the insurance policies contain is at least in the amount of the full insurable value of the Property on a replacement cost basis or the unpaid balance of the Mortgage Loan, whichever is less. The hazard insurance policy names (and will name) the Mortgagor as the insured and contains a standard mortgagee loss payable clause naming in favor of the Seller related Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. 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 insuranceinsurance policy, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trust upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 's or any other party's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for hereintherein, or the validity and binding effect of either 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: Pooling and Servicing Agreement (Amresco Residential Secs Corp Mort Loan Trust 1998-3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set requiremxxxx xet forth in Section 2.10 Sectiox 0.00 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxxxx in Section 2.10 Sectiox 0.00 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Aames 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 Aames 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 SellerAames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer in accordance with the Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, situated as well as all additional requirements set forth in Section 2.10 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 and is in effect, which policy conforms to the Underwriting Guidelines as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller WMC Mortgage Corp. 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 xxxx xxx Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “"master” " or “"blanket” " hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The 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 WMC Mortgage Corp. 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 SellerWMC Mortgage Corp.;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a generally Qualified Insurer acceptable insurer to Fannie Mae and Freddie Mac and to lending institutions against loss by firebx xxxx, hazards of extended xxzards xx xxxended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located, pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementAddendum. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a Flood Hazard Map or Flood Insurance Rate Map issued 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 Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Fannie Mae and its successors and assigns as mortgagee, and all premiums thereon have been paidFreddie Mac. The Mortgage obligates the Mortgagor thereunder therxxxxxx to maintain the hazard maintxxx xxx 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 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 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 Seller;
Appears in 1 contract
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidXxxxxx Xxx. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 , any subservicer or any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against required in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, Xxxxxx Xxx Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) 100% of the Servicing Agreementmaximum insurable value of the improvements securing such Mortgage Loan and (ii) the greater of (a) the outstanding principal balance owing on the Mortgage Loan and (b) an amount such that the proceeds thereof shall be sufficient to prevent the Mortgagor or the loss payee from becoming a co-insurer. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the Company, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidXxxxxx Mae. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 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 Seller;Company.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set forth requiremxxxx xex xorth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 xxxxx ix Xectiox 0.00 of the Servicing 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 '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, 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 (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)
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, fire and hazards of extended coverage pursuant to insurance policies conforming to the requirements of Section 4.11 hereof and of FHA and VA, if applicable. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such other hazards as are customarily insured against in the jurisdiction where the related Mortgaged Property flood insurance is located and acceptable to the Rating Agenciesavailable), as well as all additional requirements set forth in Section 2.10 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 Flood Insurance Administration as is in effecteffect which policy conforms to the requirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementif applicable. All individual insurance policies contain a standard mortgagee clause naming (or that will name) the Seller Company and its successors and assigns as mortgagee, and to the best of the Seller’s knowledge and belief, all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor’s 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 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 To the best of the Seller’s knowledge and belief, the hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to . To the benefit best of the Purchaser upon Seller’s knowledge and belief, neither the consummation of Seller nor the transactions contemplated by this Agreement. The Seller Servicer 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;either.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Hazard Insurance. Pursuant For each Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the Buyer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencieslocated, as are provided for by Xxxxxx Xxx or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 the Underwriting Guidelines. Mortgagor has obtained coverage in an amount which is at least equal to the least of the Servicing Agreement(i) full insurable value of the improvements on the Mortgaged Property, (ii) 100% of the replacement cost of all improvements to the Mortgaged Property, or (iii) the outstanding principal balance of the Mortgage Loan. If required by The policy either includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Mortgagor has obtained the maximum amount of insurance that is available under the National Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as amendedhaving special flood hazards (and such flood insurance has been made 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, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 Requirements of the Servicing AgreementLaw and applicable insurer and Takeout Investor requirements. 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 regulationRequirements of Law applicable to Seller, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 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 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 (Caliber Home Loans, Inc.)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally Qualified Insurer acceptable insurer under the Seller’s Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located, in an amount not less than the lesser of (i) 100% of the replacement cost of all improvements to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 Mortgaged Property and (ii) either (A) the outstanding principal balance of the Servicing AgreementMortgage Loan with respect to each first lien Mortgage Loan or (B) with respect to each Second Lien Mortgage Loan, the sum of the outstanding principal balance of the related first lien mortgage loan and the outstanding principal balance of the Second Lien Mortgage Loan; provided, however, in no event shall the amount of insurance be less than the amount necessary to avoid the operation of any co-insurance provisions with respect to the Mortgaged Property. All such insurance policies contain a standard mortgagee clause naming the Seller, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a Flood Hazard Map or Flood Insurance Rate Map issued 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 Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidSeller’s Underwriting Guidelines. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the Mortgagor’s cost and expense, and on the Mortgagor’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor’s cost and expense, expense and to seek reimbursement therefor from the Mortgagor. 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 (Citigroup Mortgage Loan Trust 2006-He3)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Frxxxxx Mxx, as well as all thx additional requirements set forth in Section 2.10 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 in effecteffect which policy conforms to Fannie Mae and Freddie Mac, xx xexx as well as all additional thx xxxxxional requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller Responsible Party has not engaged in, and has no knowledge of of, the Mortgagor’s having Mortgagor or any servicer have 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 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp. Gsaa Home Equity Trust 2004-9)
Hazard Insurance. Pursuant For each Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the Buyer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencieslocated, as are provided for by Xxxxxx Xxx or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 the Underwriting Guidelines. Mortgagor has obtained coverage in an amount which is at least equal to the full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. If required by The policy either includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Mortgagor has obtained the maximum amount of insurance that is available under the National Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as amendedhaving special flood hazards (and such flood insurance has been made 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, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 Requirements of the Servicing AgreementLaw and applicable insurer and Takeout Investor requirements. All individual insurance policies contain a standard mortgagee clause naming the applicable 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, subject to any Requirements of Law. Where required by state law or regulationRequirements of Law applicable to the applicable Seller, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The applicable 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 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 (Impac Mortgage Holdings 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesXxxxxx Xxx Guides or by Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 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 effecteffect which policy conforms to Xxxxxx Mae and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and 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 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 terms 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as xx xxlx xs all additional requirements additionxx xxxxirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements xx xxx xxxitionxx xxxxirements set forth in Section 2.10 of the Servicing 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 '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 1 contract
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agenciesrequirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 if applicable. If upon origination of the Servicing Agreement. If required Eligible 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 effecteffect which policy conforms to the requirements of Section 4.11 hereof and of FHA and VA, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementif 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 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, 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 having engaged in, any act or omission which 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: Mortgage Loan Repurchase and Servicing 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxixxxents set forth in Section 2.10 xx Xxxtion 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements requirexxxxx set forth forxx in Section 2.10 Xxxtion 3.13 of the Pooling and Servicing 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 '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 Trustee 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 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 (Morgan Stanley Abs Capital I Inc)
Hazard Insurance. Pursuant to the terms of the Mortgage, all ----------------- buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of [the Servicing Agreement]. 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 guidelines-of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of [the Servicing Agreement]. [sic] 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 Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 's having engaged in, any act or omission which 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 Seller;
Appears in 1 contract
Samples: Master Repurchase Agreement (Preferred Credit 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxrxxxnts set forth in Section xx Xxxxion 2.10 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 in effecteffect which policy conforms to Fannie Mae Guides or by Freddie Mac, as well as all additional requirements xxxxxrxxxnts set forth in Section xx Xxxxion 2.10 of the Servicing 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 '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 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements reqxxxxxxnxx set forth in Section Sxxxxxx 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxx xoxxx in Section Sxxxxxx 2.10 of the Servicing 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 '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, 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: Trust Agreement (New Century Alternative Mortgage Loan Trust 2006-Alt2)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements reqxxxxxxnxx set forth in Section 2.10 Sxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxx xoxxx in Section 2.10 Sxxxxxx 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 2005-Nc1)
Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located. Borrower must obtain coverage in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required upon origination of the 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 a having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration as is in effect, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 of the Servicing AgreementApplicable Requirements. 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 all insurance policy policies at the MortgagorBorrower’s cost and expense, and on the MortgagorBorrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorBorrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, 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 insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s Borrower having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.
Appears in 1 contract
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agenciesapplicable Agency, FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementAgency Guidelines or Seller’s 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 effecteffect which policy conforms to the applicable Agency, as well as all additional requirements set forth in Section 2.10 of the Servicing AgreementFHA, VA, RHS or HUD guidelines or Seller’s Underwriting 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 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, 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 having engaged in, any act or omission which 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rexxxxxxexxx set forth in Section 2.10 Xxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth requirementx xxx fxxxh in Section 2.10 Xxxxxxx 3.13 of the Pooling and Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller New Century 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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller New Century 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 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 SellerNew Century;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I - Mor Pas THR Cert Ser 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 an insurer acceptable insurer in accordance with Seller’s Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, situated 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 as in effect, effect which policy conforms to Seller’s Underwriting Guidelines 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 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 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 (Morgan Stanley ABS Capital I Inc. Trust 2006-He7)
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 customarily insured against Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the jurisdiction where amount of such coverage exceed that amount of coverage required to pay the related Mortgaged sums secured by this Mortgage. 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 premiums on insurance policies shall be paid by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in 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 renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, and Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, 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 Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is located abandoned by Borrower or if Borrower fails to respond to Lender within 30 days after notice by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and acceptable apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the Rating Agenciessums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, as well as all additional requirements set forth in Section 2.10 any such application of proceeds to principal shall not extend or postpone the due date of the Servicing Agreementmonthly installments or change the amount of such installments. If required under paragraph 17 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting proceeds thereof (to the requirements extent of the current guidelines of the Federal Insurance Administration as in effect, as well as all additional requirements set forth in Section 2.10 of the Servicing 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 sums secured by this Mortgage obligates the Mortgagor thereunder immediately prior 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 sale or acquisition) resulting 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 damage to the benefit of Property prior to 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 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 shall pass to Lender.
Appears in 1 contract
Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements additionax xxxxixxxents set forth in Section 2.10 xx Xxxtion 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set requirexxxxx sxx forth in Section 2.10 xx Xxxtion 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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 Certs Ser 2003-Nc9)
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rxxxxxxmxxxs set forth in Section 2.10 Xxxxxxn 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth requiremenxx xxx xxxth in Section 2.10 Xxxxxxn 3.13 of the Pooling 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 '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 Trustee on the consummation of the transactions contemplated by this AgreementClosing Date. 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 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 SellerResponsible Party;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and Xxxxxxx Mac. All AU individual insurance policies contain a standard mortgagee clause naming the related 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 related 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 SellerSellers;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable located. Borrower must obtain coverage in an amount which is at least equal to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration as is in effect, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 of the Servicing AgreementApplicable Requirements. 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 all insurance policy policies at the MortgagorBorrower’s cost and expense, and on the MortgagorBorrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such MortgagorBorrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, 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 insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s Borrower having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.
Appears in 1 contract
Hazard Insurance. Pursuant As of the Servicing Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer in accordance with the Underwriting Guidelines against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencies, situated as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. As of the Servicing Agreement. If Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage 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 and is in effect, which policy conforms to the Underwriting Guidelines as well as all additional requirements set forth in Section 2.10 3.13 of the Pooling and Servicing Agreement. As of the Servicing Agreement. All Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, all individual insurance policies contain a standard mortgagee clause naming the Seller WMC Mortgage Corp. and its successors and assigns as mortgagee, and all premiums thereon have been paid. The As of the Servicing Transfer Date for WMC Mortgage Loans sold to Purchaser after September 1, 2005 and as of the Closing Date for all other WMC Mortgage Loans, 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 Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller WMC Mortgage Corp. 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 SellerWMC Mortgage Corp.;
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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set requiremxxxx xet forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth xxxxx in Section 2.10 Sectiox 0.00 of the Servicing 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 '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 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2)
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 hazards, if any, as are usually and customarily insured against by prudent mortgage lenders in the jurisdiction where community in which the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementlocated. 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 effecteffect which policy conforms to the requirements usually and customarily insured against by prudent mortgage lenders in the community in which the related Mortgaged Property is located, 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 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 (Morgan Stanley ABS Capital I Inc. Trust 2006-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 hazards, if any, as are usually and customarily insured against by prudent mortgage lenders in the jurisdiction where community in which the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementlocated. 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 effecteffect which policy conforms to the requirements usually and customarily insured against by prudent mortgage lenders in the community in which the related Mortgaged Property is located, as well as all additional requirements set forth in Section 2.10 of the Pooling and Servicing 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 '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 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddxx Xxx, as xx well as all additional requirements additioxxx xxxuirements set forth in Section 2.10 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional xx xxl axxxxxxxal requirements set forth in Section 2.10 3.13 of the Pooling 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 '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 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 's having engaged in, any act or omission which 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-Nc4)
Hazard Insurance. Pursuant For each Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the Buyer against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencieslocated, as are provided for by Xxxxxx Xxx or by Freddie Mac, as well as all additional requirements set forth in Section 2.10 the Underwriting Guidelines. Mortgagor has obtained coverage in an amount which is at least equal to the full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. If required by The policy either includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Xxxxxxxxx has obtained the maximum amount of insurance that is available under the National Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as amendedhaving special flood hazards (and such flood insurance has been made 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, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 Requirements of the Servicing AgreementLaw and applicable insurer and Takeout Investor requirements. All individual insurance policies contain a standard mortgagee clause naming the Seller Xxxxxx 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 MortgagorXxxxxxxxx’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulationRequirements of Law applicable to Seller, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a “master” or “blanket” hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 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 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 (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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements set requiremexxx xxt forth in Section 2.10 of the Servicing Serxxxxxx 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 effecteffect which policy conforms to Fannie Mae and Freddie Mac, as well as all additional requirements set forth in Section 2.10 of fxxxx xn the Servicing Serxxxxxx Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Aames 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 Aames 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 SellerAames;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8)
Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other customarily insured improvements upon the Mortgaged Property are insured by a Qualified Insurer generally acceptable insurer to Xxxxxx Xxx and to prudent mortgage lending institutions against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, Xxxxxx Mae Guides as well as all additional requirements set forth herein, pursuant to an insurance policy conforming to the requirements of Customary Servicing Procedures and providing coverage in Section 2.10 an amount equal to the lesser of (i) the full insurable value of the Servicing AgreementMortgaged Property or (ii) the outstanding principal balance owing on the Mortgage Loan. All such insurance policies are in full force and effect and contain a standard mortgagee clause naming the originator of the Mortgage Loan, its successors and assigns as mortgagee and all premiums thereon have been paid. If required the Mortgaged Property is in an area identified on a flood hazard map or flood insurance rate map issued by the National Flood Insurance Act of 1968Federal Emergency Management Agency as having special flood hazards (and such flood insurance has been made available), as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing 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 paidXxxxxx Xxx. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such 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 the Mortgagor’s cost and expense, 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 Seller, the Servicer and any subservicer have not engaged in, and has no knowledge of the Mortgagor’s , any prior servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)
Hazard Insurance. Pursuant For each Mortgage Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the Administrative Agent against loss by fire, hazards of extended coverage and such other hazards as are customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable to the Rating Agencieslocated, as are provided for by Fxxxxx Mxx or by Fxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 the Underwriting Guidelines. Mortgagor has obtained coverage in an amount which is at least equal to the full insurable value of the Servicing Agreementimprovements on the Mortgaged Property. If required by The policy either includes provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Mortgagor has obtained the maximum amount of insurance that is available under the National Flood Insurance Act of 1968. If upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as amendedhaving special flood hazards (and such flood insurance has been made 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, as well as effect which policy conforms to all additional requirements set forth in Section 2.10 Requirements of the Servicing AgreementLaw and applicable insurer and Takeout Investor requirements. 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 regulationRequirements of Law applicable to Seller, 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 Buyers 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 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 (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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Mae and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and 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 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 customarily insured against provided for in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating AgenciesFannie Mae Guides or by Freddie Mac, as well as all additional requirements rxxxxxxmxxxs set forth in Section Xxxxxxn 2.10 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 in effecteffect which policy conforms to Fannie Mae Guides or by Freddie Mac, as well as all additional requirements rxxxxxxmxxxs set forth in Section Xxxxxxn 2.10 of the Servicing 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 '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 1 contract
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)
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 customarily insured against customary in the jurisdiction area where the related Mortgaged Property is located and acceptable pursuant to insurance policies conforming to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of Xxxxxx Xxx and Xxxxxxx Mac. If upon origination of the Servicing Agreement. If required 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, as well as all additional effect which policy conforms to the requirements set forth in Section 2.10 of the Servicing AgreementXxxxxx Mae and 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 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, the Xxxxxx Xxx guide, the Xxxxxxx Mac guide and any additional requirements set forth in the Approved Underwriting Guidelines, 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 customarily insured against in the jurisdiction where the related Mortgaged Property is located and acceptable to the Rating Agencies, as well as all additional requirements set forth in Section 2.10 of the Servicing Agreementhazards. If required by the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effecteffect which policy conforms to Xxxxxx Xxx and Xxxxxxx Mac, as well as all additional requirements set forth in Section 2.10 of the Servicing 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 Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor’s 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