Common use of Location of Improvements; No Encroachments Clause in Contracts

Location of Improvements; No Encroachments. All improvements which were considered in determining the Appraised Value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of the Mortgaged Property, no improvements on adjoining properties to which value was assigned encroach upon the Mortgaged Property; further, the value of the Mortgaged Property is not diminished by any improvements on adjoining properties which encroach the Mortgaged Property. No improvement located on or being part of the Mortgaged Property (upon which value was given in determining the Appraised Value) is in violation of any applicable zoning law or regulation; provided, that in no event shall a legal nonconforming use of the Mortgaged Property be considered a violation of any such zoning law or regulation.

Appears in 6 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)

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Location of Improvements; No Encroachments. All (i) If required pursuant to the applicable Agency Guide in effect as of the applicable date of determination, an appraisal was obtained on each Mortgaged Property. (ii) Unless otherwise permitted pursuant to the applicable Agency Guides in effect as of the applicable date of determination, all improvements which were considered in determining the Appraised Value appraised value of the Mortgaged Property lay Property, assuming that an appraisal was obtained, lie wholly within the boundaries and building restriction lines of the Mortgaged Property, no improvements on adjoining properties to which value was assigned encroach encroached upon the Mortgaged Property; further, the value of the Mortgaged Property is not diminished by and no improvements encroach upon any improvements on adjoining properties which encroach the Mortgaged Propertyeasements. No improvement located on or being part of the Mortgaged Property (upon which value was given in determining the Appraised Value) is in violation of any applicable zoning law and building law, ordinance or regulation; provided, that in no event shall a regulation or each such improvement constitutes legal nonconforming non-conforming use of the Mortgaged Property be considered a violation of any such zoning law or regulationstructure.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (Caliber Home Loans, Inc.)

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Location of Improvements; No Encroachments. All improvements which were considered in determining the Appraised Value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of the Mortgaged Property, Property (and wholly within the project with respect to a condominium unit) and no improvements on adjoining properties to which value was assigned encroach upon the Mortgaged Property; further, the value of the Mortgaged Property is not diminished by any improvements on adjoining properties which encroach the Mortgaged Property. No improvement located on or being part of the Mortgaged Property (upon which value was given in determining the Appraised Value) is in violation of any applicable zoning law or regulation; provided, that in no event shall a legal nonconforming use of the Mortgaged Property be considered a violation of any such zoning law or regulation.;

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)

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