Common use of Maintenance of Hazard Insurance; Property Protection Expenses Clause in Contracts

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 15 contracts

Samples: Servicing Agreement (Home Equity Loan Trust 2007-Hsa3), Servicing Agreement (Home Equity Loan Trust 2007-Hsa1), Servicing Agreement (Home Equity Loan Trust 2006-Hsa4)

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Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser least of (ix) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (iiy) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (z) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, foreclosure or by deed in lieu of foreclosure, of any Home Equity Loan, fire foreclosure hazard insurance with extended coverage in an amount which is at least equal to the least of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and/or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of (iA) the amount required to compensate for any loss or damage to in clause (x) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (y) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain The costs and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit expenses incurred by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under maintaining any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyinsurance shall constitute Servicing Advances.

Appears in 13 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2006-1, Home Equity Loan Asset-Backed Notes, Series 2006-1), Servicing Agreement (Renaissance Home Equity Loan Trust 2007-2), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-4)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Company, the Issuer, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 12 contracts

Samples: Servicing Agreement (MILA Mortgage Acceptance, Inc.), Servicing Agreement (Park Place Securities, Inc.), Servicing Agreement (New Century Mortgage Securities LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 11 contracts

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2004-He4), Servicing Agreement (Residential Asset Mortgage Products Inc), Servicing Agreement (Residential Asset Mortgage Products Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 9 contracts

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 8 contracts

Samples: Servicing Agreement (Home Loan Trust 2007-Hi1), Servicing Agreement (Home Loan Trust 2006-Hi1), Servicing Agreement (Home Loan Trust 2006-Hi4)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, foreclosure or by deed in lieu of foreclosure, of any Home Equity Loan, fire foreclosure hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and/or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of (A) the amount in clause (i) above, (B) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain The costs and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit expenses incurred by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under maintaining any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyinsurance shall constitute Servicing Advances.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-2), Pooling and Servicing Agreement (Renaissance Mort Acc Corp Renaissance Home Eq Ln Tr 2004 1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 6 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Rfmsii 2005-Hi1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy, the premium for which shall be a Servicing Advance within the meaning of Section 3.08. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.023.03. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.043.05, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.05 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clauseloss that would have otherwise been covered. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 6 contracts

Samples: Servicing Agreement (Wachovia Asset Sec Series 2004 - HE1), Servicing Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust), Servicing Agreement (Wachovia Asset Securitization Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall Servicershall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 6 contracts

Samples: Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp), Servicing Agreement (Nomura Asset Acceptance Corp), Servicing Agreement (Nomura Home Equity Loan, Inc.)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, to the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 5 contracts

Samples: Servicing Agreement (GMACM Home Loan Trust 2006-Hltv1), Servicing Agreement (GMACM Home Loan Trust 2004-Hltv1), Servicing Agreement (Residential Asset Mortgage Products Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer its designee as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure, or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Master Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in an area identified in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Master Servicer has determined such insurance to be necessary in accordance with accepted mortgage servicing practices of prudent lending institutions. All such flood insurance shall be in amounts equal to not less than the lesser of (iA) the amount required to compensate for any loss or damage to in clause (i) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Reform Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (Fund America Investors Corp Ii)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Depositor and the Indenture Grantor Trustee, claims under any such blanket policy.

Appears in 5 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for verifies the existence at the origination of each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer its designee as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure, or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in an area identified in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with Accepted Servicing Practices of prudent lending institutions. All such flood insurance shall be in amounts equal to not less than the lesser of (iA) the amount required to compensate for any loss or damage to in clause (i) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Reform Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Sale and Servicing Agreement (Indymac MBS Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Each Home Equity Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also represents and warrants that it or the applicable Seller verified the existence of such hazard insurance at the origination of the Home Equity Loan. The Servicer may cause to be maintained for each Home Equity Loan on which such insurance has lapsed hazard insurance with terms and limits similar to those described above. Any Insurance Proceeds received by the Servicer shall be deposited in the Collection Account on the Deposit Date in accordance with Section 3.02(b), subject to withdrawal pursuant to Section 3.03. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purposes of this Agreement, be added to the Principal Balance of the Home Equity Loan even if the terms of such Home Equity Loan so permit. The Servicer shall also maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Home Equity Loan and any mortgage loans senior to avoid such Home Equity Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Fxxxxx Mxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain as provided herein, the Servicer may satisfy its obligation set forth in the sixth sentence of this Section 3.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Home Equity Loans plus the outstanding balance of any mortgage loans senior to such Home Equity Loans at the time title was acquired, plus accrued interest (the “Combined Exposure”), was less than $250,000 (or such other amount as the Servicer may in good faith determine from time to time) and maintain by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Servicer by maintaining a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sixth sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-2), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, foreclosure or by deed in lieu of foreclosure, of any Home Equity Loan, fire foreclosure hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of (A) the amount in clause (i) above, (B) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain The costs and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit expenses incurred by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under maintaining any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyinsurance shall constitute Servicing Advances.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Series 2002-3), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer its successors or assigns as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Principal Balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined Principal Balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansMortgage Loans in an aggregate amount prudent under industry standards, it shall (a) conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and (b) if there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account without right of reimbursement, as the case may be, the amount not otherwise payable under the blanket policy because of such any deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (GreenPoint Home Equity Loan Trust 2004-3), Sale and Servicing Agreement (Greenpoint Mortgage Securities LLC), Sale and Servicing Agreement (GreenPoint Home Equity Loan Trust 2004-4)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Each Home Equity Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also represents and warrants that it or the applicable Seller verified the existence of such hazard insurance at the origination of the Home Equity Loan. The Servicer may cause to be maintained for each Home Equity Loan on which such insurance has lapsed hazard insurance with terms and limits similar to those described above. Any Insurance Proceeds received by the Servicer shall be deposited in the Collection Account on the Deposit Date in accordance with Section 3.02(b), subject to withdrawal pursuant to Section 3.03. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purposes of this Agreement, be added to the Principal Balance of the Home Equity Loan even if the terms of such Home Equity Loan so permit. The Servicer shall also maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Home Equity Loan and any mortgage loans senior to avoid such Home Equity Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If With respect to Mortgaged Properties acquired by the Master Servicer shall obtain as provided herein, the Servicer may satisfy its obligation set forth in the sixth sentence of this Section 3.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Home Equity Loans plus the outstanding balance of any mortgage loans senior to such Home Equity Loans at the time title was acquired, plus accrued interest (the “Combined Exposure”), was less than $250,000 (or such other amount as the Servicer may in good faith determine from time to time) and maintain by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Servicer by maintaining a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sixth sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-4)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-co- insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Loan from time to time; providedMortgage Loan, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan, and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and/or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted second mortgage loan servicing standards. All such flood insurance shall be in amounts equal to the lesser least of the amount in clause (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and above, clause (ii) above and the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Home Loan Mortgage Loan Trust 2005-1), Pooling and Servicing Agreement (Lehman Abs Corp), Pooling and Servicing Agreement (Lehman Home Equity Loan Trust 2004-3)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer its designee as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure, or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in an area identified in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage servicing practices of prudent lending institutions. All such flood insurance shall be in amounts equal to not less than the lesser of (iA) the amount required to compensate for any loss or damage to in clause (i) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Reform Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (Terwin Securitization LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of of: (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than related First Lien and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in in-lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the lesser of: (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any related First Lien and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Master Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.023.2. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Master Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans comparable to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of the amount in clause (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and above, clause (ii) above and the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 3 contracts

Samples: Master Servicing Agreement (Gs Mortgage Securities Corp), Master Servicing Agreement (Gs Mortgage Securities Corp), Master Servicing Agreement (Gs Mortgage Securities Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy, the premium for which shall be a Servicing Advance within the meaning of Section 3.08. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.023.03. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.043.05, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.05 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clauseloss that would have otherwise been covered. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 3 contracts

Samples: Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall Servicershall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Issuing Entity and the Indenture Trustee, claims under any such blanket policy.

Appears in 3 contracts

Samples: Servicing Agreement (Deutsche Alt-a Securities Inc), Servicing Agreement (Nomura Home Equity Loan, Inc.), Servicing Agreement (Nomura Asset Acceptance Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The To the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Master Servicer receives notice that a hazard insurance policy has been cancelled, the Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use commercially reasonable efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.023.02 hereof. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Master Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use commercially reasonable efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as master servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Master Servicing Agreement (SG Mortgage Securities, LLC), Master Servicing Agreement (SG Mortgage Securities, LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Sec Ii Inc Hm Eq Ln Tr 2004-Hs1), Servicing Agreement (Home Equity Loan Trust 2004-Hs2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer its successors or assigns as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Principal Balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined Principal Balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02Collection Account. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, Mortgage Loans it shall (a) conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood 4.04 and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and (b) if there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account without right of reimbursement, as the case may be, the amount not otherwise payable under the blanket policy because of such any deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He4), Sale and Servicing Agreement (Financial Asset Securities Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, foreclosure or by deed in lieu of foreclosure, of any Home Equity Loan, fire foreclosure hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any co-insurance clause contained such foreclosure, fire and or deed in lieu of foreclosure plus accrued interest and the good faith estimate of the Servicer of related hazard insurance policyServicing Advances to be incurred in connection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans similar to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of (A) the amount in clause (i) above, (B) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain The costs and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit expenses incurred by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under maintaining any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyinsurance shall constitute Servicing Advances.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Eq Ln as Bk Cer Se 03 1), Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Ser 2002-4)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (DLJ Mortgage Acceptance Corp), Servicing Agreement (Cendant Mortgage Capital LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Company, the Issuing Entity, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Shellpoint Mortgage Acceptance LLC), Servicing Agreement (Ab Mortgage Securities Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser least of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the least of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Loan and any mortgage loan senior to such Loan and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any co-insurance clause contained such foreclosure, fire and or deed in the related hazard insurance policylieu of foreclosure. Amounts Any amounts to be collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgaged Property or property thus acquired Mortgage or amounts to be released to the Mortgagor in accordance with Accepted Servicing Procedures, subject to the Master Servicer's normal servicing proceduresterms and conditions of the related Mortgage and Debt Instrument) shall be deposited in the Custodial Account Collection Account, subject to withdrawal as set forth herein. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to Securityholders, be added to the extent called for by Section 3.02Principal Balance of the related Loan, notwithstanding that the terms of such Loan so permit. In cases It is understood and agreed that no earthquake or other additional insurance is to be required of any Mortgagor other than pursuant to such applicable laws and regulations as shall at any time be in which any force and as shall require such additional insurance. If the Mortgaged Property or Foreclosure Property is located at any the time during of origination of the life of a Home Equity Loan in a federally designated special flood areahazard area (and if the flood insurance policy referenced herein has been made available), the hazard insurance Servicer will cause to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)in respect thereof. All such Such flood insurance shall be in amounts an amount equal to the lesser least of (i) the amount required to compensate for sum of the Principal Balance of the related Loan and any loss or damage to Senior Lien, (ii) the maximum insurable value of the related Mortgaged Property on a replacement cost basis Property, and (iiiii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Residential Asset Funding Corp), Sale and Servicing Agreement (Home Equity Securitization Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Depositor, the Issuing Entity, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Opteum Mortgage Acceptance CORP), Servicing Agreement (Impac Secured Assets Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan that is either (a) in a first lien position or (b) has a Credit Limit at origination in excess of $50,000 hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal sufficient to cover the value of the related Mortgaged Property (less the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policydeductible). Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Servicing Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Company, the Issuer, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Long Beach Securities Corp), Servicing Agreement (National City Mortgage Capital LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master With respect to each Loan, the Servicer shall maintain accurate records reflecting the fire and casualty insurance coverage maintained by the related Mortgagors with respect to the Mortgaged Properties in accordance with its normal servicing practices. The Servicer shall, if it has received notice of a default or deficiency in respect of the payment of any ground rents, taxes, assessments, water rates or casualty insurance premiums or other charges that are or may become a Lien upon the related Mortgaged Property, notify the related Mortgagor on the related Mortgaged Property. (b) To the extent permitted under the related Loan File, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall, to the extent consistent with its normal servicing practices, cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or the related Subservicer as loss payee thereunder thereunder, and providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also monitor the maintenance of any such hazard insurance so obtained in accordance with its normal servicing practices. (c) The Servicer shall cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of with respect to any Home Equity LoanREO, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (policies, other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired REO or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) practices, shall be deposited in into the Custodial Account to the extent called for by provided in Section 3.02. In cases in which any . (d) If, upon the origination of a Loan, the related Mortgaged Property is located at any time during was in an area identified in the life of a Home Equity Loan in a federally designated Federal Register by the Federal Emergency Management Agency as having special flood areahazards, and flood insurance has been made available, the hazard insurance Servicer shall cause to be maintained for the related Home Equity Loan shall include flood insurance (maintained, to the extent available). All such required by the related Loan File, a flood insurance shall be policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in amounts an amount representing coverage at least equal to the lesser of (i) the unpaid Principal Balance of such Loan, (ii) the full insurable value of such Mortgaged Property or (iii) the maximum amount required of insurance available under the Flood Disaster Protection Act of 1973, as amended. With respect to compensate for any loss or damage REO, the Servicer shall also maintain, if applicable, flood insurance in an amount at least equal to the Mortgaged Property on lesser of (i) the maximum insurable value of the improvements that are a replacement cost basis part of such property and (ii) the maximum Principal Balance owing on the related Loan at the time of foreclosure or grant of deed in lieu of foreclosure plus accrued interest and related Liquidation Expenses. (e) Pursuant to Section 3.02, any amounts collected by the Servicer under any insurance policy maintained pursuant to this Section, other than amounts to be applied to the restoration or repair of Mortgaged Property or released to a Mortgagor in accordance with the Servicer’s normal servicing practices, shall be deposited into the Custodial Account, subject to withdrawal pursuant to Section 3.03. Any cost incurred by the Servicer in maintaining any such insurance shall be added to the amount owing under the related Loan where the terms of the related Loan File so permit; provided, that the addition of any such cost shall not be taken into account for purposes of calculating the Principal Balance of such insurance available for Loan. Such costs shall be recoverable by the related Mortgaged Property under the national flood insurance program Servicer pursuant to Section 3.03. (assuming that the area in which such Mortgaged Property is located is participating in such program). f) The Master Servicer shall be under no obligation to maintain or require that any Mortgagor to maintain earthquake earthquake, title or other additional insurance insurance, and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity any Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-B), Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-C)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The To the extent permitted under the related Credit Line Agreement and Mortgage, and to the extent the Master Servicer receives notice that a hazard insurance policy has been cancelled, the Master Servicer shall cause to be maintained for each Home Equity Revolving Credit Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Revolving Credit Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Revolving Credit Loan and any mortgage loan senior to such Home Equity Revolving Credit Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for revolving credit home equity loans in its own portfolio. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Revolving Credit Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Revolving Credit Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)permitted under the related Credit Line Agreement and Mortgage, and to the extent the Master Servicer receives notice that the related flood insurance has been cancelled. All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for revolving credit home equity loans in its own portfolio. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Revolving Credit Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Revolving Credit Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Revolving Credit Loans, the Master Servicer agrees to present, on [NY01:240828.4] 16069-00382 12/20/96 12:15am 12 behalf of itself, the Issuer 1996-RHS4 LLC and the Indenture Trustee, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Company, the Issuing Entity, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 2 contracts

Samples: Servicing Agreement (BNP Paribas Mortgage Securities LLC), Servicing Agreement (BNP Paribas Mortgage ABS LLC)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan HELOC hazard insurance naming the Master Servicer or related Subservicer its successors or assigns as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan HELOC from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan HELOC and any mortgage loan senior to such Home Equity Loan HELOC from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined principal balance owing on such HELOC and any comortgage loan senior to such HELOC at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02Collection Account. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan HELOC shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity LoanHELOC, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansHELOCs in an aggregate amount prudent under industry standards, it shall (a) conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and (b) if there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account without right of reimbursement, as the case may be, the amount not otherwise payable under the blanket policy because of such any deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2005-Hel1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause the related Borrower to be maintained maintain for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer its designee as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure, or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Master Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in an area identified in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Master Servicer has determined such insurance to be necessary in accordance with accepted mortgage servicing practices of prudent lending institutions. All such flood insurance shall be in amounts equal to not less than the lesser of (iA) the amount required to compensate for any loss or damage to in clause (i) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Reform Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Horizon Asset Sec HELOC Notes Ser 2007-He1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Revolving Credit Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Revolving Credit Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Revolving Credit Loan and any mortgage loan senior to such Home Equity Revolving Credit Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Revolving Credit Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts mounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.023.2. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Revolving Credit Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Revolving Credit Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Revolving Credit Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Revolving Credit Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.043.4, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.4 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Revolving Credit Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

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

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall use its reasonable best efforts to cause to be maintained for delivered to it at the date of origination of each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Principal and Interest Account to the extent called for by Section 3.024.2. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If The Servicer will pay all "out-of-pocket" costs and expenses incurred in the Master Servicer shall obtain performance of its servicing obligations, including, but not limited to, the cost of (i) Preservation Expenses, (ii) the cost of any enforcement or judicial proceedings, including (a) foreclosures, and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all (b) other legal actions and costs associated herewith that potentially affect the existence, validity, priority, enforceability or collectibility of the Home Equity Mortgage Loans, it shall conclusively be deemed including collection agency fees and costs of pursuing or obtaining personal judgments, garnishments, levies, attachment and similar actions, (iii) the cost of the conservation, management, liquidation, sale or other disposition or any Mortgaged Property acquired in satisfaction of the related Mortgage Loan including reasonable fees paid to have satisfied its obligations as set forth any independent contractors in connection therewith, and (iv) advances to keep senior liens current, unless with respect to any of the first sentence of this Section 3.04, it being understood and agreed foregoing the Servicer has determined that such policy advance would constitute a Nonrecoverable Advance. Each such amount so paid will constitute a "Servicing Advance." The Servicer may contain a deductible clauserecover Servicing Advances (x) from the Mortgagors to the extent permitted by the Mortgage Loans, in which case from Liquidation Proceeds realized upon the Master Servicer shall, in the event that there shall not have been maintained on liquidation of the related Mortgaged Property a policy complying with the first sentence of this Mortgage Loan and from Mortgage Insurance Proceeds, and (y) as provided in Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day 8.6(c) of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyIndenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (J P Morgan Acceptance Corp I)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than related First Lien and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or deed in by deed-in-lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such mortgage Loan and any related First Lien and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.023.2. In cases in which any Mortgaged mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted mortgage loan servicing standards for mortgage loans comparable to the Mortgage Loans. All such flood insurance shall be in amounts equal to the lesser least of the amount in clause (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and above, clause (ii) above and the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1968, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such ouch additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan __________ Mortgaged Property hazard insurance naming with an appropriate endorsement in favor of the Master Servicer or the related Subservicer as loss payee thereunder providing and extended coverage in an amount which that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity the related __________ Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity __________ Loan and any mortgage ___________ loan senior to such Home Equity __________ Loan from time to time; provided, however, that but in no event shall such coverage may not amount be less than is necessary to prevent the minimum amount required to fully compensate for any loss or damage on Mortgagor from becoming a replacement cost basiscoinsurer thereunder. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, hazard insurance with an appropriate endorsement in favor of any Home Equity Loan, fire insurance the Master Servicer or the related Subservicer with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements that are a part of such property or (ii) the combined principal balance owing on such __________ Loan and any co___________ loan senior to such __________ Loan from time to time at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Master Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity __________ Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal National Mortgage Association. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity __________ Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities issued by an insurer acceptable to the Rating Agencies insuring against hazard losses on all of the Home Equity __________ Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Beneficial Mortgage Services Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Depositor, the Issuing Entity, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (MortgageIT Securities Corp.)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer represents and warrants that it or the Originator verified the existence of such hazard insurance at the origination of the Mortgage Loan. The Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans PLUS the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood PLUS accrued interest (the "Combined Exposure"), was less than $[500,000] (or such other amount as the Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Compass Asset Acceptance Co)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer CMSI shall cause to be maintained for each Home Equity Mortgage Loan (other than a Mortgage Loan relating to a cooperative apartment) hazard insurance naming with extended coverage in an amount which is at least equal to (a) the Master Servicer maximum insurable value of the improvements securing such Mortgage Loan if such amount is less than the unpaid principal balance on the related Mortgage Loan, (b) the principal balance owing on such Mortgage Loan if such amount is greater than or related Subservicer as loss payee thereunder providing equal to 80% but is less than or equal to 100% of the insurable value or (c) 80% of the insurable value if principal balance the Mortgage Loan is less than 80% of the insurable value. Except in the case of cooperative apartments, CMSI shall also maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, hazard fire insurance with extended coverage in an amount which is at least equal to the lesser of (ia) the maximum insurable value of the improvements securing such Home Equity Loan from time to time of the improvements which are a part of such property or (iib) the combined Loan Balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan unpaid principal balance from time to time; provided, however, that time on such coverage may not be less than Mortgage Loan at the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, time of such foreclosure or deed in lieu of foreclosureforeclosure plus accrued interest at the Mortgage Note Rate and the good-faith estimate of CMSI of related Liquidation Expenses to be incurred in connection therewith. To the extent provided in Sections 3.10 and 3.04, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts amounts collected by the Master Servicer CMSI under any such policies shall be deposited in the Certificate Account (other than in the case of Third Party Mortgage Loans, amounts to be applied to the restoration or repair repairs of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) Guide). Any cost incurred by CMSI in maintaining any such insurance shall not, for the purpose of calculating monthly distributions to the Certificateholders, be added to the amount owing under the related Mortgage Loan, notwithstanding that the terms of the Mortgage Loan may so permit. Such costs shall be deposited in the Custodial Account to the extent called for recoverable by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than CMSI pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section Sections 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy3.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain as provided herein, the Master Servicer may satisfy its obligation set forth in the third sentence of this Section 3.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans plus the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, plus accrued interest (the “Combined Exposure”), was less than $250,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and maintain by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first third sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2004-Hc1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled. All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer its successors or assigns as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Principal Balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined Principal Balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02Collection Account. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansMortgage Loans in an aggregate amount prudent under industry standards, it shall (a) conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood 4.04 and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and (b) if there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account without right of reimbursement, as the case may be, the amount not otherwise payable under the blanket policy because of such any deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

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Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage 37 Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Master Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans plus the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood plus accrued interest (the "Combined Exposure"), was less than $500,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Mortgage Funding Corp Iii)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Loan from time to time; providedMortgage Loan, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan, and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any cosuch foreclosure, fire and/or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for required by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with accepted second mortgage loan servicing standards. All such flood insurance shall be in amounts equal to the lesser least of the amount in clause (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and above, clause (ii) above and the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Home Loan Mortgage Loan Trust 2004-2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall Servicershall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer Issuing Entity and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Mortgage Securities Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Each Servicer shall obtain and maintain a blanket policy insuring against losses arising from fire and hazards covered under extended coverage on all of the related Loans, which policy shall provide coverage in an amount equal to the amount at least equal to the least of (i) the amount of the actual direct physical damage to the Mortgaged Property, (ii) the amount of the outstanding balance on the Loan or (iii) the actual market value of the structures built on the Mortgaged Property at the time of the loss. Each Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. Any amounts collected by the related Servicer under any such policy relating to a Loan shall be deposited in the related Custodial Account subject to withdrawal pursuant to Section 3.03. Such policy may contain a deductible clause, in which case, in the event that there shall not have been maintained on the related Mortgaged Property a standard hazard insurance policy, and there shall have been a loss which would have been covered by such policy, the related Servicer shall deposit in the related Custodial Account at the time of such loss the amount not otherwise payable under the blanket policy because of such deductible clause, such amount to be deposited from the related Servicer’s own funds, without reimbursement therefor. Upon request of the Master Servicer or the Trust Administrator, the related Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming delivered to the Master Servicer or the Trust Administrator, as applicable, a certified true copy of such policy and a statement that such policy shall in no event be terminated or materially modified without 30 days’ prior written notice to the Master Servicer or the Trust Administrator, as applicable. In connection with its activities as servicer of such Loans, the related Subservicer Servicer agrees to present, on behalf of itself and the Securityholders, claims under any such blanket policy. (b) If, upon the origination of a Loan, the related Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as loss payee thereunder providing extended coverage having special flood hazards, and flood insurance has been made available, the related Servicer shall cause to be maintained, to the extent required by the related Loan File, a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount which is representing coverage at least equal to the lesser of (i) the unpaid Principal Balance of such Loan, (ii) the full insurable value of such Mortgaged Property or (iii) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. With respect to any REO, the related Servicer shall also maintain, if applicable, flood insurance in an amount at least equal to the lesser of (i) the maximum insurable value of the improvements securing that are a part of such Home Equity Loan from time to time or property and (ii) the combined Loan Principal Balance owing on such Home Equity the related Loan and any mortgage loan senior to such Home Equity Loan from at the time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss of foreclosure or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or grant of deed in lieu of foreclosureforeclosure plus accrued interest and related Liquidation Expenses. (c) Pursuant to Section 3.02, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts amounts collected by the Master a Servicer under any such policies (insurance policy maintained pursuant to this Section, other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the a Mortgagor in accordance with the Master such Servicer's ’s normal servicing procedures) practices, shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for into the related Home Equity Loan shall include flood insurance (Custodial Account, subject to the extent available)withdrawal pursuant to Section 3.03. All Any cost incurred by a Servicer in maintaining any such flood insurance shall be in amounts equal added to the lesser amount owing under the related Loan where the terms of (i) the amount required to compensate related Loan File so permit; provided, that the addition of any such cost shall not be taken into account for any loss or damage to purposes of calculating the Mortgaged Property on a replacement cost basis and (ii) the maximum amount Principal Balance of such insurance available for Loan. Such costs shall be recoverable by the related Mortgaged Property under the national flood insurance program Servicer pursuant to Section 3.03. (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master d) No Servicer shall be under no any obligation to maintain or require that any Mortgagor to maintain earthquake earthquake, title or other additional insurance insurance, and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity any Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or the related Subservicer subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable replacement value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the replacement value from time to avoid time of the application improvements which are a part of such property or (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure or deed in lieu of 37 42 foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket insurance policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansMortgage Loans in an aggregate amount prudent under industry standards, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such . Such blanket insurance policy may contain provide for a deductible clause, in which case the Master Servicer shall, in deductible. In the event that there shall not a loss on a Mortgage Property occurs which would have been maintained on covered by the related Mortgaged Property a hazard insurance policy complying with required by the first sentence of this Section 3.04 and there 3.04, the Servicer shall have been a loss which would have been covered by such policydeposit into the Collection Account, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policydeductible.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Abs Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Each Servicer shall obtain and maintain a blanket policy insuring against losses arising from fire and hazards covered under extended coverage on all of the related Loans, which policy shall provide coverage in an amount equal to the amount at least equal to the least of (i) the amount of the actual direct physical damage to the Mortgaged Property, (ii) the amount of the outstanding balance on the Loan or (iii) the actual market value of the structures built on the Mortgaged Property at the time of the loss. Each Servicer shall use its best efforts to monitor that a blanket policy is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. Any amounts collected by the related Servicer under any such policy relating to a Loan shall be deposited in the related Custodial Account subject to withdrawal pursuant to Section 3.03. Such policy may contain a deductible clause, in which case, in the event that there shall not have been maintained on the related Mortgaged Property a standard hazard insurance policy, and there shall have been a loss which would have been covered by such policy, the related Servicer shall deposit in the related Custodial Account at the time of such loss the amount not otherwise payable under the blanket policy because of such deductible clause, such amount to be deposited from the related Servicer’s own funds, without reimbursement therefor. Upon request of the Indenture Trustee, the related Servicer shall cause to be maintained for each Home Equity delivered to the Indenture Trustee a certified true copy of such policy and a statement that such policy shall in no event be terminated or materially modified without 30 days’ prior written notice to the Indenture Trustee. In connection with its activities as servicer of such Loans, the related Servicer agrees to present, on behalf of itself and the Securityholders, claims under any such blanket policy. (b) If, upon the origination of a Loan, the related Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, and flood insurance has been made available, the related Servicer shall cause to be maintained, to the extent required by the related Loan hazard File, a flood insurance naming policy meeting the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount which is representing coverage at least equal to the lesser of (i) the unpaid Principal Balance of such Loan, (ii) the full insurable value of such Mortgaged Property or (iii) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. With respect to any REO, the related Servicer shall also maintain, if applicable, flood insurance in an amount at least equal to the lesser of (i) the maximum insurable value of the improvements securing that are a part of such Home Equity Loan from time to time or property and (ii) the combined Loan Principal Balance owing on such Home Equity the related Loan and any mortgage loan senior to such Home Equity Loan from at the time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss of foreclosure or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or grant of deed in lieu of foreclosureforeclosure plus accrued interest and related Liquidation Expenses. (c) Pursuant to Section 3.02, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts amounts collected by the Master a Servicer under any such policies (insurance policy maintained pursuant to this Section, other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the a Mortgagor in accordance with the Master such Servicer's ’s normal servicing procedures) practices, shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for into the related Home Equity Loan shall include flood insurance (Custodial Account, subject to the extent available)withdrawal pursuant to Section 3.03. All Any cost incurred by a Servicer in maintaining any such flood insurance shall be in amounts equal added to the lesser amount owing under the related Loan where the terms of (i) the amount required to compensate related Loan File so permit; provided, that the addition of any such cost shall not be taken into account for any loss or damage to purposes of calculating the Mortgaged Property on a replacement cost basis and (ii) the maximum amount Principal Balance of such insurance available for Loan. Such costs shall be recoverable by the related Mortgaged Property under the national flood insurance program Servicer pursuant to Section 3.03. (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master d) No Servicer shall be under no any obligation to maintain or require that any Mortgagor to maintain earthquake earthquake, title or other additional insurance insurance, and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity any Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Home Equity Mortgage Trust 2006-2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan Mortgaged Property hazard insurance naming with an appropriate endorsement in favor of the Master Servicer or the related Subservicer as loss payee thereunder providing and extended coverage in an amount that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing the related Home Equity Loan from time to time or (ii) the sum of the Loan Balance of such Home Equity Loan and the outstanding principal balance of any mortgage loan senior to such Home Equity Loan from time to time, but in no event shall such amount be less than is necessary to prevent the Mortgagor from becoming a coinsurer thereunder. The Master Servicer shall also maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, hazard insurance with an appropriate endorsement in favor of the Master Servicer or the related Subservicer with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time of the improvements that are a part of such property or (ii) the combined sum of the Loan Balance owing on of such Home Equity Loan and the outstanding principal balance of any mortgage loan senior to such Home Equity Loan from at the time to time; provided, however, that of such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, foreclosure or deed in lieu of foreclosure, foreclosure plus accrued interest and the good-faith estimate of any Home Equity Loan, fire insurance with extended coverage the Master Servicer of related Liquidation Expenses to be incurred in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to shall be applied credited to the restoration or repair of Home Equity Loan Payment Record and deposited in the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor Lower-Tier Certificate Account in accordance with the Master Servicer's normal servicing proceduresSection 3.02(b) shall be deposited in the Custodial Account to the extent called for by Section 3.02that they constitute Trust Liquidation Proceeds or Trust Insurance Proceeds. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan such Mortgaged Property shall include flood insurance (to the extent available). All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal National Mortgage Association. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities issued by an insurer acceptable to the Rating Agencies insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, credit to the Home Equity Loan Payment Record and deposit in the Custodial Lower-Tier Certificate Account the applicable Trust Percentage of the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day The Trust Percentage of the Collection Period in the month in which payments any amounts paid under any such policy would have been shall be credited to the Home Equity Loan Payment Record and deposited in the Custodial Account. In connection Lower-Tier Certificate Account in accordance with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policySection 3.02(b).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure PLUS accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Master Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans PLUS the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood PLUS accrued interest (the "Combined Exposure"), was less than $500,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Funding Corp Iii)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Master Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans plus the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood plus accrued interest (the “Combined Exposure”), was less than $500,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or the related Subservicer subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Master Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansMortgage Loans in an aggregate amount prudent under industry standards, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause on terms substantially equivalent to those commercially available and maintained by comparable servicers. If such policy contains a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 Section, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan that is either (a) in a first lien position or (b) has a Credit Limit at origination in excess of $50,000 hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal sufficient to cover the value of the related Mortgaged Property (less the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policydeductible). Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period Billing Cycle in the month in which payments under any such policy would have been deposited in the Custodial Collection Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (MSCC HELOC Trust 2007-1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (iA) the maximum insurable value of the improvements securing such Home Equity Loan from time to time or (ii) the combined Loan Balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that (B) the principal balance owing on such coverage may not be less than Mortgage Loan or (C) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed basis in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage each case in an amount which not less than such amount as is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. The Master Servicer shall also maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, hazard insurance with extended coverage in an amount which is at 100 107 least equal to the lesser of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the principal balance owing on such Mortgage Loan or (iii) the minimum amount required to compensate for damage or loss on a replacement cost basis at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-faith estimate of the Master Servicer of related Liquidation Expenses to be incurred in connection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for required by Section 3.023.2. In cases in which any Mortgaged If the Mortgage Property is located at any time during in an area identified in the life of a Home Equity Loan in a federally designated Federal Register by the Flood Emergency Management Agency as having special flood areahazards and flood insurance has been made available, the hazard insurance Master Servicer will cause to be maintained for the related Home Equity Loan shall include a flood insurance (to policy with a generally acceptable insurance carrier, in an amount representing coverage not less than the extent available). All such flood insurance shall be in amounts equal to the lesser least of (i) the amount required to compensate for any loss or damage to outstanding principal balance of the Mortgaged Property on a replacement cost basis and Mortgage Loan, (ii) the maximum insurable value of the improvements securing such Mortgage Loan or (iii) the maximum amount of such insurance which is available for the related Mortgaged Property under the national flood insurance program (assuming that National Flood Insurance Act of 1968, as amended, and the area in which such Mortgaged Property is located is participating in such program)Flood Disaster Protection Act of 1973, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor also maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If REO for the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all benefit of the Home Equity LoansTrust, it shall conclusively be deemed (x) fire and hazard insurance with extended coverage in an amount which is at least equal to have satisfied its obligations as set forth in the first sentence replacement cost of this Section 3.04the improvements which are a part of such property, it being understood (y) public liability insurance and, (z) to the extent required and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable available under the blanket policy because National Flood Insurance Act of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities 1968, as servicer of the Home Equity Loansamended, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture TrusteeFlood Disaster Protection Act of 1973, claims under any such blanket policyas amended, flood insurance in an amount as provided above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan HELOC hazard insurance naming the Master Servicer or related Subservicer its successors or assigns as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan HELOC from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan HELOC and any mortgage loan senior to such Home Equity Loan HELOC from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property or (ii) the combined principal balance owing on such HELOC and any comortgage loan senior to such HELOC at the time of such foreclosure or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Liquidation Expenses to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02Account. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan HELOC shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal Flood Emergency Act. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity LoanHELOC, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity LoansHELOCs in an aggregate amount prudent under industry standards, it shall (a) conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and (b) if there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account without right of reimbursement, as the case may be, the amount not otherwise payable under the blanket policy because of such any deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2007-Hel1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-co- insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master [Master] Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master [Master] Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master [Master] Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master [Master] Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master [Master] Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master [Master] Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master [Master] Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master [Master] Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master [Master] Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as administrator and servicer of the Home Equity Mortgage Loans, the Master [Master] Servicer agrees to present, on behalf of itself, the Issuer Issuer, the Indenture Trustee and the Indenture TrusteeSecurityholders, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Homepride Mortgage Finance Corp)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Master Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans plus the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood plus accrued interest (the "Combined Exposure"), was less than $500,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Each Mortgage Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer Servicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, . The Master Servicer represents and warrants that it or the applicable Seller verified the existence of such coverage may not be less than hazard insurance at the minimum amount required to fully compensate for any loss or damage on a replacement cost basisorigination of the Mortgage Loan. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Mortgage Loan and any mortgage loans senior to avoid such Mortgage Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure PLUS accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Xxxxxx Xxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If As to Mortgaged Properties acquired by the Master Servicer shall obtain and maintain a blanket policy consistent with as provided herein, the Master Servicer may satisfy its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as obligation set forth in the first sentence of this Section 3.043.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Mortgage Loans PLUS the outstanding balance of any mortgage loans senior to such Mortgage Loans at the time title was acquired, it being understood PLUS accrued interest (the "Combined Exposure"), was less than $500,000 (or such other amount as the Master Servicer may in good faith determine from time to time) and agreed that such by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Master Servicer by maintaining a blanket policy consistent with prudent industry standards insuring against hazard losses on the Mortgaged Properties. Such policy may contain a deductible clause, in which case 42 the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2002 Hc1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for verifies the existence at the origination of each Home Equity Mortgage Loan of fire and hazard insurance naming the Master Servicer or related Subservicer its designee as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) the maximum insurable value from time to avoid time of the application improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any comortgage loan senior to such Mortgage Loan at the time of such foreclosure, or deed in lieu of foreclosure plus accrued interest and the good-insurance clause contained faith estimate of the Servicer of related Servicing Advances to be incurred in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in an area identified in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available)such flood insurance is available and the Servicer has determined such insurance to be necessary in accordance with Accepted Servicing Practices of prudent lending institutions. All such flood insurance shall be in amounts equal to not less than the lesser of (iA) the amount required to compensate for any loss or damage to in clause (i) above, (B) the Mortgaged Property on a replacement cost basis amount in clause (ii) above and (iiC) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)National Flood Insurance Reform Act of 1994, as amended. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Revolving Credit Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Revolving Credit Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Revolving Credit Loan and any mortgage loan senior to such Home Equity Revolving Credit Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Revolving Credit Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Revolving Credit Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Revolving Credit Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Revolving Credit Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Revolving Credit Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Revolving Credit Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Master Servicer receives notice that a hazard insurance policy has been cancelled, the Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Master Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Master Servicing Agreement (BellaVista Finance CORP)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan Mortgaged Property hazard insurance naming with an appropriate endorsement in favor of the Master Servicer or the related Subservicer as loss payee thereunder providing and extended coverage in an amount that is at least equal to the lesser of (i) the maximum insurable value of the improvements securing the related __________ Loan from time to time or (ii) the sum of the Loan Balance of such __________ Loan and the outstanding principal balance of any mortgage loan senior to such __________ Loan from time to time, but in no event shall such amount be less than is necessary to prevent the Mortgagor from becoming a coinsurer thereunder. The Master Servicer shall also maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, hazard insurance with an appropriate endorsement in favor of the Master Servicer or the related Subservicer with extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time of the improvements that are a part of such property or (ii) the combined sum of the Loan Balance owing on of such Home Equity __________ Loan and the outstanding principal balance of any mortgage loan senior to such Home Equity __________ Loan from at the time to time; provided, however, that of such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, foreclosure or deed in lieu of foreclosure, foreclosure plus accrued interest and the good-faith estimate of any Home Equity Loan, fire insurance with extended coverage the Master Servicer of related Liquidation Expenses to be incurred in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policyconnection therewith. Amounts collected by the Master Servicer under any such policies (other than amounts to shall be applied credited to the restoration or repair of __________ Loan Payment Record and deposited in the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor Certificate Account in accordance with the Master Servicer's normal servicing proceduresSection 3.02(b) shall be deposited in the Custodial Account to the extent called for by Section 3.02that they constitute Trust Liquidation Proceeds or Trust Insurance Proceeds. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan such Mortgaged Property shall include flood insurance (to the extent available). All such flood insurance shall be in such amounts equal to as are required under applicable guidelines of the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Federal National Mortgage Association. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity __________ Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities issued by an insurer acceptable to the Rating Agencies insuring against hazard losses on all of the Home Equity ___________ Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, credit to the __________ Loan Payment Record and deposit in the Custodial Certificate Account the applicable Trust Percentage of the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day The Trust Percentage of the Collection Period in the month in which payments any amounts paid under any such policy would have been shall be credited to the __________ Loan Payment Record and deposited in the Custodial Account. In connection Certificate Account in accordance with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policySection 3.02(b).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use commercially reasonable efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Mortgage Note and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use commercially reasonable efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Mortgage Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2003-He2)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall use its best efforts to monitor such flood insurance as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to at least 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such and the Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the related Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related such Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.this

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Mortgage Loan fire and hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser least of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or time, (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than accrued interest and related Liquidation Expense and (iii) the minimum amount required to fully compensate for any damage or loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained maintain on property acquired upon foreclosure, or by deed in lieu of foreclosure, of any Home Equity Loan, fire and hazard insurance with extended coverage in an amount which is at least equal to the least of (i) the maximum insurable value from time to time of the improvements which are a part of such property, (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan accrued interest and related Liquidation Expense and (iii) the minimum amount necessary required to avoid compensate for damage or loss on a replacement cost basis at the application time of any co-insurance clause contained such foreclosure, fire and or deed in the related hazard insurance policylieu of foreclosure. Amounts Any amounts to be collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgaged Property or property thus acquired Mortgage or amounts to be released to the Mortgagor in accordance with Accepted Servicing Procedures, subject to the Master Servicer's normal servicing proceduresterms and conditions of the related Mortgage and Mortgage Note) shall be deposited in the Custodial Account related Collection Account, subject to withdrawal as set forth herein. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to Certificateholders, be added to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life Principal Balance of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to Mortgage Loan, notwithstanding that the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount terms of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming Mortgage Loan so permit. It is understood and agreed that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall is to be under no obligation itself to maintain required of any such additional insurance on property acquired in respect of a Home Equity Loan, Mortgagor other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations insurance or as set forth in the first sentence of this Section 3.045.8. If the Mortgaged Property or Foreclosure Property is located at the time of origination of the Mortgage Loan in a federally designated special flood hazard area (and if the flood insurance policy referenced herein has been made available), it being understood the Servicer will cause to be maintained flood insurance in respect thereof. Such flood insurance shall be in an amount equal to the least of (i) the sum of the Principal Balance of the related Mortgage Loan and agreed that such policy may contain a deductible clauseany senior lien, in which case (ii) the Master Servicer shall, in the event that there shall not have been maintained on maximum insurable value of the related Mortgaged Property a policy complying with or Foreclosure Property, and (iii) the first sentence maximum amount of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in insurance available for the Custodial Account the amount not otherwise payable related Mortgaged Property or Foreclosure Property under the blanket policy because of such deductible clause. Any such deposit by national flood insurance program (assuming that the Master Servicer shall be made on the last Business Day of the Collection Period in the month area in which payments under any such policy would have been deposited Mortgaged Property or Foreclosure Property is located is participating in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policyprogram).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is equal to at least equal to 100% of the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Loan from time to time (guaranteed replacement) or (ii) the combined Loan Balance owing on such Home Equity Loan and any sum of the unpaid principal balance of the first mortgage loan senior to such Home Equity and the Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basisamount. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance coinsurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such blanket policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

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

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master To the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that a hazard insurance policy has been cancelled, the Servicer shall cause to be maintained for each Home Equity Mortgage Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Mortgage Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Mortgage Loan and any mortgage loan senior to such Home Equity Mortgage Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall use its best efforts to monitor that hazard insurance is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Mortgage Loan in a federally designated flood area, to the extent permitted under the related Loan Agreement and Mortgage, and to the extent the Servicer receives notice that the related flood insurance has been cancelled, the hazard insurance to be maintained for the related Home Equity Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.the

Appears in 1 contract

Samples: Servicing Agreement (Gmacm Home Equity Loan Trust 2004-He3)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Each Home Equity Loan requires that the borrower thereunder maintain hazard insurance naming the Master Servicer or the related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) 100% of the maximum insurable value of the improvements securing such Home Equity Loan from time to time Mortgaged Property or (ii) the combined Loan Balance principal balance owing on such Home Equity Loan and any mortgage loan senior to such Home Equity Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also represents and warrants that it or the applicable Seller verified the existence of such hazard insurance at the origination of the Home Equity Loan. The Servicer may cause to be maintained for each Home Equity Loan on which such insurance has lapsed hazard insurance with terms and limits similar to those described above. Any Insurance Proceeds received by the Servicer shall be deposited in the Collection Account on the Deposit Date in accordance with Section 3.02(b), subject to withdrawal pursuant to Section 3.03. Any cost incurred by the Servicer in maintaining any such insurance shall not, for the purposes of this Agreement, be added to the Principal Balance of the Home Equity Loan even if the terms of such Home Equity Loan so permit. The Servicer shall also maintain on property acquired upon foreclosure, or by grant of deed in lieu of foreclosure, of any Home Equity Loan, fire hazard insurance with extended coverage in an amount which is at least equal to the amount necessary lesser of (i) 100% of the insurable value of the Mortgaged Property or (ii) the combined unpaid principal balance owing on such Home Equity Loan and any mortgage loans senior to avoid such Home Equity Loans at the application time of any co-insurance clause contained such foreclosure or grant of deed in the related hazard insurance policylieu of foreclosure plus accrued interest thereon. Amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available)insurance. All such flood insurance shall be in such amounts equal to the lesser as are required under applicable guidelines of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program)Fxxxxx Mxx. The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If With respect to Mortgaged Properties acquired by the Master Servicer shall obtain as provided herein, the Servicer may satisfy its obligation set forth in the sixth sentence of this Section 3.04 by self insuring Mortgaged Properties for which the aggregate unpaid principal balance of the related Home Equity Loans plus the outstanding balance of any mortgage loans senior to such Home Equity Loans at the time title was acquired, plus accrued interest (the “Combined Exposure”), was less than $250,000 (or such other amount as the Servicer may in good faith determine from time to time) and maintain by causing hazard policies to be maintained with respect to Mortgaged Properties for which the Combined Exposure equals or exceeds the self insurance threshold established from time to time by the Servicer by maintaining a blanket policy consistent with its general mortgage servicing activities prudent industry standards insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such Mortgaged Properties. Such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sixth sentence of this Section 3.04 3.04, and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall cause to be maintained for each Home Equity Revolving Credit Loan hazard insurance naming the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Home Equity Revolving Credit Loan from time to time or (ii) the combined Loan Balance principal balance owing on such Home Equity Revolving Credit Loan and any mortgage loan senior to such Home Equity Revolving Credit Loan from time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Home Equity Revolving Credit Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Master Servicer under any such policies (other than amounts [NY01:227422.4] 16069-00369 10/28/96 5:11pm 11 to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Master Servicer's normal servicing procedures) shall be deposited in the Custodial Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Home Equity Revolving Credit Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Revolving Credit Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Master Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity Revolving Credit Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Revolving Credit Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Revolving Credit Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer 1996-HS3 LLC and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Maintenance of Hazard Insurance; Property Protection Expenses. (a) The Master Servicer shall obtain and maintain a blanket policy insuring against losses arising from fire and hazards covered under extended coverage on all of the Loans, which policy shall provide coverage in an amount equal to the amount at least equal to the least of (i) the amount of the actual direct physical damage to the Mortgaged Property, (ii) the amount of the outstanding balance on the Loan or (iii) the actual market value of the structures built on the Mortgaged Property at the time of the loss. The Servicer shall use its best efforts to monitor that a blanket policy is maintained as described in the previous sentence in the same manner as it would for mortgage loans in its own portfolio. Any amounts collected by the Servicer under any such policy relating to a Loan shall be deposited in the Custodial Account subject to withdrawal pursuant to Section 3.03. Such policy may contain a deductible clause, in which case, in the event that there shall not have been maintained on the related Mortgaged Property a standard hazard insurance policy, and there shall have been a loss which would have been covered by such policy, the Servicer shall deposit in the Custodial Account at the time of such loss the amount not otherwise payable under the blanket policy because of such deductible clause, such amount to be deposited from the Servicer’s own funds, without reimbursement therefor. Upon request of the Indenture Trustee, the Servicer shall cause to be maintained for each Home Equity delivered to the Indenture Trustee a certified true copy of such policy and a statement that such policy shall in no event be terminated or materially modified without 30 days’ prior written notice to the Indenture Trustee. In connection with its activities as servicer of such Loans, the Servicer agrees to present, on behalf of itself and the Securityholders, claims under any such blanket policy. (b) If, upon the origination of a Loan, the related Mortgaged Property was in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards, and flood insurance has been made available, the related Servicer shall cause to be maintained, to the extent required by the related Loan hazard File, a flood insurance naming policy meeting the Master Servicer or related Subservicer as loss payee thereunder providing extended coverage requirements of the current guidelines of the Federal Insurance Administration with a generally acceptable insurance carrier, in an amount which is representing coverage at least equal to the lesser of (i) the unpaid Principal Balance of such Loan, (ii) the full insurable value of such Mortgaged Property or (iii) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. With respect to any REO, the Servicer shall also maintain, if applicable, flood insurance in an amount at least equal to the lesser of (i) the maximum insurable value of the improvements securing that are a part of such Home Equity Loan from time to time or property and (ii) the combined Loan Principal Balance owing on such Home Equity the related Loan and any mortgage loan senior to such Home Equity Loan from at the time to time; provided, however, that such coverage may not be less than the minimum amount required to fully compensate for any loss of foreclosure or damage on a replacement cost basis. The Master Servicer shall also cause to be maintained on property acquired upon foreclosure, or grant of deed in lieu of foreclosureforeclosure plus accrued interest and related Liquidation Expenses. (c) Pursuant to Section 3.02, of any Home Equity Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts amounts collected by the Master Servicer under any such policies (insurance policy maintained pursuant to this Section, other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the a Mortgagor in accordance with the Master Servicer's ’s normal servicing procedures) practices, shall be deposited in into the Custodial Account Account, subject to withdrawal pursuant to Section 3.03. Any cost incurred by the extent called for by Section 3.02. In cases Servicer in which maintaining any Mortgaged Property is located at any time during the life of a Home Equity Loan in a federally designated flood area, the hazard insurance to be maintained for the related Home Equity Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal added to the lesser amount owing under the related Loan where the terms of (i) the amount required to compensate related Loan File so permit; provided, that the addition of any such cost shall not be taken into account for any loss or damage to purposes of calculating the Mortgaged Property on a replacement cost basis and (ii) the maximum amount Principal Balance of such insurance available for Loan. Such costs shall be recoverable by the related Mortgaged Property under the national flood insurance program Servicer pursuant to Section 3.03. (assuming that the area in which such Mortgaged Property is located is participating in such program). d) The Master Servicer shall be under no obligation to maintain or require that any Mortgagor to maintain earthquake earthquake, title or other additional insurance insurance, and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Home Equity any Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Master Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Home Equity Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Master Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Custodial Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Master Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Custodial Account. In connection with its activities as servicer of the Home Equity Loans, the Master Servicer agrees to present, on behalf of itself, the Issuer and the Indenture Trustee, claims under any such blanket policy.

Appears in 1 contract

Samples: Servicing Agreement (Home Equity Mortgage Trust 2007-1)

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